Hot Food Takeaways – Permitted Development Rights Flexed to combat Covid-19 - BM Insights

At 10 am today, The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 (SI 2020 No.330) came into force.

This introduces a permitted development right called ‘Class DA’, which allows restaurants, cafés, and drinking establishments to provide takeaway food from 10am on 24 March 2020 until 23 March 2021, without needing to apply for planning permission to do so.

For the purposes of Class DA, “provision of takeaway food” includes hot food takeaways (which currently fall under Class A5) and the provision of hot or cold food for collection or delivery to be consumed, reheated or cooked by consumers away from the premises.

To benefit from this right, businesses must notify their local planning authority that their building/land is being used or will be used for the provision of takeaway food at any time during the above period. This change of use to the provision of takeaway food will not affect the use class the building/land had before this change. As such, businesses making use of this right must revert back to their previous lawful use at the end of this period, or, if earlier, when they cease to provide takeaway food under Class DA.

For pubs, cafés and restaurants, this is welcome news following the introduction of the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020, which, as of 21 March 2020, require the closure of any premises that sell food or drink for consumption on those premises.

The new Order regarding Permitted Development Rights can be viewed here.