Permitted development rights for Class A4 (drinking establishments) abolished change of use or demolition of pub will require express planning permission
The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (SI 2017/619) (Amendment Order) and the Town and Country Planning (Compensation) (England) (Amendment) (No. 2) Regulations 2017 (SI 2017/620) (Compensation Regulations) have been made and come into force on 23 May 2017. They apply to England only.
The Amendment Order removes the permitted development rights for the:
• Change of use from Class A4 (drinking establishments) to Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafés), a temporary flexible use or use as a temporary state-funded school.
• Demolition of buildings within Class A4 (drinking establishments).
The changes will allow local communities to have a say in proposals to change the use of, or demolish, pubs in their local community. To prevent developers rushing through changes of use or demolition before the provisions come into force, the Amendment Order provides that the previous permitted development rights are only saved where an ACV request has been made more than 56 days before 23 May 2017. For demolition, prior approval must also have been granted, determined not required or deemed granted before 23 May 2017.
The Amendment Order introduces a new permitted development right, Class AA (drinking establishments with expanded food provision). The new right is postponed until 23 November 2018 for buildings already covered by an Article 4 direction withdrawing deemed permission to change from Class A4 to A3. This allows local planning authorities time to consult and, if appropriate, make a new Article 4 direction.
The Compensation Regulations add Class AA (drinking establishments with expanded food provision) to the list of permitted development rights for which compensation is limited.
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