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Class DA – Restaurants, cafes & pubs to provide temporary takeaway food

 

temporary takeaway food
Permitted Development right Class DA was introduced on 24th March 2020 to allow Restaurants, cafes and pubs to provide temporary takeaway food. This will last until 23rd March 2022. It is unlikely to be extended.

This permission is not removed by an Article 4 direction, however if the original planning application prevented takeaway food, then this Permitted Development right does not apply and full planning would be required.

This temporary permitted development right was introduced as a result of the COVID-19 or Coronavirus.

 

How do I apply for permission?

It is very straight forward to serve temporary takeaway food. You just need to inform the local planning authority that you have started or will start to operate as s takeaway. That is all that is required. There is no fee payable and no application form. However do check your original planning permission doesn’t rule out takeaways.

 

Are there any limitations?

Class DA allows for the serving of hot and cold food for consumption off the premises. You may not provide any tables and chairs for eating in the building or on the land surrounding it. The “provision of temporary takeaway food” includes 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. So a broad range of options.

 

Legislation

 

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) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;
(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or
(iii) Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or

(b) a mixed use for any purpose within article 3(6)(p) and Class E(b),

to a use, at any time during the period beginning with 10.00 a.m. on 24th March 2020 and ending with 23rd March 2022 (“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 article 3(6)(r) of 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.

 

 

Page Updated: 28th February 2022

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