Summary and implications

The Government has introduced new legislation in an attempt to prevent the loss of drinking establishments that provide community benefit.

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 (SI 2015/659) (the Order) came into force in England on 6 April 2015. The Order disapplies permitted development rights in relation to drinking establishments considered to be specified buildings for a specified period of time. This means that in certain circumstances, planning permission will be required for the change of use or demolition of drinking establishments.

In order to be classed as a specified building, a building must firstly fall within Class A4 (drinking establishments) of the Use Classes Order 1987. Secondly, the drinking establishment must either be on a list of assets of community value or have been nominated to be listed. An asset of community value is defined under the Localism Act 2011 and can be summarised as a building whose use furthers the social wellbeing or social interests of the local community.

The effect of the Order is that, from 6 April 2015, none of the following can occur during the specified period without planning permission:

  • change from Class A4 (drinking establishment) to:

    • Class A1 (shops);
    • Class A2 (financial and professional services);
    • Class A3 (restaurants and cafés);
    • Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafés) or Class B1 (business) for a single continuous period of up to two years (unless the local planning authority was notified of the proposed change before 6 April 2015); or
    • use as a state-funded school for a single academic year (except where change of use was approved by the relevant minister before 6 April 2015); or
  • demolition of the building (except where a prior approval event occurred before 6 April 2015).

The length of the specified period differs depending on whether the specified building is already included on the list of community assets, or has been nominated for inclusion. Where the building is already listed, the specified period is five years from when the building was put on the list. Where the building is nominated for inclusion in the list, the specified period is the period from the date of notification of nomination to the date the building is put on the list.

Where any development set out above is to take place on a Class A4 building which is not a specified building, a developer must first submit a written request to the relevant local authority to ascertain whether the building has been nominated to be listed. The permitted development cannot commence before the expiry of 56 days from the date of the written request and must be completed within one year of that request.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.