New time-limited permitted development right to allow takeaway and delivery services

From 10am on 24 March 2020, an amendment to the permitted development rights currently in force takes effect which allows:

1. Restaurants and cafes; and
2. Drinking establishments; and
3. Drinking establishments with expanded food provision

• to provide takeaway food (hot or cold)

• for collection or delivery

• until 23 March 2021

PROVIDED THAT

• notice is given to the local planning authority that the building and any land in its curtilage will be used to provide takeaway food whilst the temporary permitted development right is in force.

When the provision of takeaway services ceases, or on 23 March 2021 (whichever comes first) the property will then revert to its former lawful use.

IT IS IMPORTANT TO NOTE that if the current planning permission for a property has a condition attached to it which prohibits the use of the property as a takeaway or for a delivery services, the condition takes precedence and the new temporary permitted development right cannot be relied upon. 

Guidance on business/premises closures

The Ministry of Housing, Communities and Local Government have published guidance (attached) on the business and premises that must close, and the exceptions to the rule.  They are:

Businesses operating in contravention of the above will be committing an offence but the legislation is not yet in force.  The guidance says: “Businesses and premises that breach them will be subject to prohibition notices, and potentially unlimited fines”.  Environmental Health and Trading Standards officers will monitor compliance, and businesses who fail to comply can also receive fines. Continued non-compliance could then lead to the loss of alcohol licenses.