The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020

Amendments to the Town and Country Planning (General Permitted Development) (England) Order 2015

4.  In Part 4 of Schedule 2, after Class D insert—

“Class DA

Restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to temporarily provide takeaway food

Permitted Development

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

(a) a use falling within—

(i) Class A3 (restaurants and cafes) of the Schedule to the Use Classes Order; or

(ii) Class A4 (drinking establishments) of that Schedule;

(b) a mixed use for any purpose within that Class A3 and Class A4; or

(c) a use as a drinking establishment with expanded food provision as defined in Class AA of Part 3 to this Schedule,

to a use, at any time during the period beginning with 10.00 a.m. on 24th March 2020 and ending with 23rd March 2021 (“the relevant period”), for the provision of takeaway food.

Conditions

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

DA.2 For the purposes of Class DA—

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.”.