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Permitted Development Rights for Drinking Establishments

Introduction

Effective from the 6th April 2015, Statutory Instrument 2015 No, 659 The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015, provides that where a drinking establishment has been nominated or entered onto a list of Assets of Community Value, permitted development rights of that establishment will be withdrawn for specified periods.

Assets of Community Value

Under Part 5 Chapter 3 of the Localism Act 2011, there is a requirement for Local Authorities to maintain a list of "assets of community value". Land and/or building(s) maybe listed as being an asset of community value, but not a private residence. The list, which is a public document, records those establishments within the Borough that are identified or nominated as being an asset of community value. Should the establishment become available for purchase, then local community group are given 6 weeks to register their interest to purchase the establishment, during which time, the owner cannot sell the property. After 6 months from the date that the land owner informed the Local Authority of the potential sale, the land owner chooses their preference of to whom to sell their property to. It may not be the local community group.

Withdrawal of Permitted Development Rights

Where a drinking establishment (Use Class A4) is formally listed as an Asset of Community Value, then permitted development rights are withdrawn for five years unless the listing is removed by the Local Authority following a successful review, appeal, or because the Authority no longer consider the building to be of community value. The permitted development rights for Class A4 (drinking establishments) which would be withdrawn are:

  • change of use to Class A1 (shops); Class A2 (financial and professional services); or Class A3 (restaurants and cafés);

  • change of use to Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafés), and Class B1 (business), for a period of two years; and

  • change of use to a state funded school for one academic year;

  • demolition of the building.

In addition, before any change of use or demolition of drinking establishment(s) which are not listed, a developer must request confirmation from the Local Authority as to whether or not the building has been nominated by a community group for listing as an asset of community value. In such cases the permitted development rights will be withdrawn for a temporary period of 56 days from the date of the request from the developer. If implemented then the development must be completed within a period of 1 year of the date of that request. Whilst the nomination is being considered local community groups will have an opportunity to comment on the proposals. Where the asset is not nominated for listing, change of use or demolition may take place within 1 year of the date of the request.

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