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Covid-19 – Legislation now passed for new PD rights

25 March 2020

The Government is responding quickly to the current crisis with new legislation. On the 21 March, The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 were issued requiring the immediate closure of businesses selling food or drink for consumption on the premises including all restaurants, cafes, bars and pubs.

To compensate for the closure, The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 came into effect on 24 March introducing a new Class DA permitted development right within Part 4 of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015. The new right is temporary until 23 March 2021 and allows for restaurants, cafes, drinking establishments and drinking establishments with expanded food provision to provide takeaway food. Takeaway food includes the provision of both hot and cold food that has been prepared for collection or delivery but must be “ consumed, reheated or cooked by consumers off the premises.”

In order to rely on the new PD right a developer must first notify the council 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. Implementing the change of use will not lose the previous lawful use.

We have can provide drafting for Class DA notifications if assistance is required.

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