Class C – retail, betting office or pay day loan shop or casino to restaurant or cafe

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What is allowed
  • a change of use of a building from a use—
  • falling within Class E (shops) or Class E (financial and professional services) of the Schedule to the Use Classes Order,
  • as a betting office or pay day loan shop, or
  • as a casino,

to a use falling within Class E (restaurants and cafes) together with building or other operations for the provision of facilities for—
ventilation and extraction (including the provision of an external flue), and
the storage of rubbish, reasonably necessary to use the building for a use falling within Class A3 (restaurants and cafes) of that Schedule.

Where can I use it

On any building in England subject to the restrictions below.

What is not allowed

Development is not permitted by Class C if—

  • the cumulative floor space of the existing building changing use under Class C exceeds 150 square metres;
  • the development (together with any previous development under Class C) would result in more than 150 square metres of floor space in the building having changed use under Class C;
  • the land or the site on which the building is located is or forms part of—
  • a site of special scientific interest;
  • a safety hazard area; or
  • a military explosives storage area;
  • the site is, or contains, a scheduled monument; or
  • the land or building is a listed building or is within the curtilage of a listed building.

How do I use the allowance

This is a prior approval allowance and subject to the assessment of the following:

  • noise impacts of the development,
  • odour impacts of the development,
  • impacts of storage and handling of waste in relation to the development,
  • impacts of the hours of opening of the development,
  • transport and highways impacts of the development,
  • whether it is undesirable for the building to change to a use falling within Class E (restaurants and cafes) of the Schedule to the Use Classes Order because of the impact of the change of use—
  • on adequate provision of services of the sort that may be provided by a building falling within Class E (shops) or, as the case may be, Class E (financial and professional services) of that Schedule, but only where there is a reasonable prospect of the building being used to provide such services, or
  • where the building is located in a key shopping area, on the sustainability of that shopping area, and
  • the siting, design or external appearance of the facilities to be provided.
Our Notes

On the face of it this allowance has been partially caught out in the amalgamation of Classes A1, A2 and A3 into one class albeit the allowance also provides for other sui-generis uses to go to Class E and may well still prove useful. The allowance includes the provision of flue and extraction and so goes one step beyond a simple change of use within Class E.

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