The Town and Country Planning (General Permitted Development) (England) Order 2015

[F1 Class DA - Restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to temporarily provide takeaway food E+W

Textual Amendments

F1 Sch. 2 Pt. 4 Class DA inserted (24.3.2020 at 10.00 a.m.) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 (S.I. 2020/330), arts. 1, 4

Permitted Development E+W

DA.  Development consisting of a change of use of a building and any land within its curtilage from—

(a) a use falling within—

[F2 (i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;

(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or

(iii) Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or]

(b) a mixed use for any purpose within [F3 article 3(6)(p) and Class E(b),] F4 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to a use, at any time during the period beginning with 10.00 a.m. on 24th March 2020 and ending with [F6 23rd March 2022] (“the relevant period”), for the provision of takeaway food.

Textual Amendments

F2 Sch. 2 Pt. 4 Class DA para. DA(a)(i)-(iii) substituted for Class DA para. DA(i)(ii) (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(5)(a)(i) (with Sch.)

F3 Words in Sch. 2 Pt. 4 Class DA para. DA(b) substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(5)(a)(ii) (with Sch.)

F4 Word in Sch. 2 Pt. 4 Class DA para. DA(b) omitted (1.8.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(5)(a)(iii) (with Sch.)

F5 Sch. 2 Pt. 4 Class DA para. DA(c) omitted (1.8.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(5)(a)(iv) (with Sch.)

F6 Words in Sch. 2 Pt. 4 Class DA para. DA substituted (3.12.2020) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 (S.I. 2020/1243), regs. 1(2), 5

Conditions E+W

DA.1.   Development is permitted by Class DA subject to the following conditions—

(a) the developer must notify the local planning authority if the building and any land within its curtilage is being used, or will be used, for the provision of takeaway food at any time during the relevant period;

(b) for the purposes of the Use Classes Order and this Order, change of use to the provision of takeaway food under Class DA during the relevant period does not affect the use class which the building and any land within its curtilage had before the change of use; and

(c) if the developer changes use to the provision of takeaway food under Class DA during the relevant period, the use of the building and any land within its curtilage 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.

Interpretation of Class DA E+W

DA.2.   For the purposes of Class DA—

the “provision of takeaway food” includes any use for any purpose within [F7 article 3(6)(r) of] 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.]

Textual Amendments

F7 Words in Sch. 2 Pt. 4 Class DA para. DA.2 substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(5)(b) (with Sch.)