New Temporary Permitted Development Rights for the Change of Use

The Government’s new permitted development rights to allow restaurants and pubs to become takeaways have now been released under ‘The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 (SI 2020 No.330)’. They will come into effect from today (24th March).

These new rights will comprise Class DA, Part 4 of the second schedule, allowing:

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

This applies to existing restaurants (Class A3, pubs/bars (A4), mixed-use (A3/A4) and A4 uses with expanded food provision (AA).

The temporary 1-year rights allow the provision of the takeaway use from 10.00 a.m. on 24th March 2020 and ending with 23rd March 2021.

The Conditions of Class DA are that:

• The Developer must notify the LPA
• The use of Class DA does not change the use class of the building or land with its curtilage
• At the end of 23rd March 2021 or at the point when the takeaway use ceases before this date, the unit will revert back to its lawful use

The full Statutory Instrument text is available here and includes a definition of takeaway use.