IMPORTANT: New Legislation – Amendments to the GPDO relating to the temporary provision of takeaway food (24/03/2020) …

[UPDATE: The information on this page has subsequently been incorporated into the "Other Parts of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) came into force on 24/03/2020 (at 10am):

New Legislation:

  • March 2020: SI 2020 No. 330 - The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 (pdf) (link).

Short Summary:

  • Part 4 Class DA: This new Class allows a change of use from any of A3, A4, A3+A4, or a "drinking establishment with expanded food provision" to a temporary use for the "provision of takeaway food" during the 1 year period from 24/03/2020 to 23/03/2021.

PART 4 CLASS DA - NEW PD RIGHTS for a change of use from any of A3, A4, A3+A4, or a "drinking establishment with expanded food provision" to a temporary use for the "provision of takeaway food" during the 1 year period from 24/03/2020 to 23/03/2021:

  • Part 4 Class DA is a new Class (from 24/03/2020 onwards) that allows a change of use from any of A3 (restaurants and cafes), A4 (drinking establishments), A3+A4 (i.e. "a mixed use for any purpose within that Class A3 and Class A4"), or a "drinking establishment with expanded food provision" to a temporary use for the "provision of takeaway food" during the 1 year period from 24/03/2020 to 23/03/2021 ("the relevant period").
  • The developer needs to notify the LPA ("if the [site] is being used, or will be used, for the provision of takeaway food at any time during the relevant period").
  • Note: For the purposes of the GPDO 2015 and the UCO 1987, the change of use does not affect the use class that the site had before the change of use.
  • Note: The site reverts to its previous lawful use at the end of the relevant period or (if earlier) "when the developer ceases to provide takeaway food under Class DA".
  • Note: Paragraph DA.2 sets out the following definition of the "provision of takeaway food", which is wider than A5 (hot food takeaways):
    - "the "provision of takeaway food" includes any use for any purpose within Class A5 of the Schedule to the Use Classes Order, and any use for the provision of hot or cold food that has been prepared for consumers for collection or delivery to be consumed, reheated or cooked by consumers off the premises.".
  • Note: Paragraph DA(b) refers to "a mixed use for any purpose within that Class A3 and Class A4", whereas DA(c) refers to "a use as a drinking establishment with expanded food provision as defined in [Part 3 Class AA]". In my opinion, it's not clear whether there's a difference between these two phrases, noting that Part 3 Class AA describes "drinking establishments with expanded food provision" as "a use falling within Class A4 (drinking establishments) with a use falling within Class A3 (restaurants and cafes)".
  • Note: The Explanatory Memorandum (link) to 2020 No. 330 states the following:
    - "This will not impact on any permitted development rights the premises have under their original uses. The permitted development rights that apply to A5 hot food takeaways will not apply to the A3 and A4 uses during the use of the new right Class DA in the Order as the premises is only providing takeaway food for a temporary period and does not have the status of an A5 use. Nor does this Order alter the scope or eligibility of premises that can be demolished under Part 11 Class B right.".
    - "For the avoidance of doubt, the right will apply to those pubs listed as Assets of Community Value to help support them and the local community.".
    - "The right is time limited and will cease to have effect from 23rd March 2021. Premises may operate as a use under this Class DA only up to that date.".
    - "Given the 12 month time-limited nature of the right and the importance attached to the flexibility it provides, Article 4 of the General Permitted Development Order 2015 does not apply so a local planning authority cannot withdraw the order.".
    - "There is no application process, and the business is required only to notify the local planning authority if the site will be used for the temporary provision of takeaway food. We expect this will be by e-mail or in writing.".

Other Sources of Information:

  • March 2020: Explanatory Memorandum to 2020 No. 330 (pdf) (link).

Updates to the Planning Jungle website: