A5 Use Class – Hot Food Takeaways
A5 Use Class is for hot food takeaways, where food is sold for consumption off the premises. For example, fish and chip shops, pizza shops, (fried) chicken shops, Chinese, Indian takeaways, Kebab shops etc to name a few.
The original A3 use was split into three uses, including A3, A4 and A5 Use Class for hot food takeaways, creating a clear separation between aspects such as restaurants and cafes and takeaway premises.
However, as with many aspects of planning, such uses are not always clear cut with potentially dual uses or uncertainty regarding which particular use class premises require. For example, sandwich bars are classed as A1 retail use. Questions are therefore raised in relation to the serving of food that is warmed before selling.
It may be possible to argue one particular use is dominant or the primary business activity with factors such as the proportion of space designated for hot food production, customer circulation space/ servicing, number of tables and chairs (covers) etc being some of the considerations.
As such clarification and confirmation from the Local Authority are essential and professional advice can be very beneficial prior. Contact us to discuss further.
Permitted development – A5 Use Class
Due to the nature of the use, there are very limited opportunities for permitted development changes in use and as such, the majority of new premises will require planning permission for an A5 Use Class. It may be possible to confirm from an A5 Use Class to A1, A2 or A3 or B1 or C3 (dwelling houses) however there are limits on size, timeframes and obtaining Prior Approval and as such confirmation should be sought accordingly.
The changing aspects of A5 Use Class for Hot Food Takeaways
With the rise of companies such as UberEats, Deliveroo and JustEat to name but three, such A5 Use Class hot food takeaway premises have started to challenge some of the established and assumed planning issues, particularly where there is no public visiting the premises to collect the food themselves.
Obtaining planning consent for A5 Use Class Hot Food takeaways.
The issues relating to obtaining planning approval for A5 Use Class hot food takeaways can be complex with many Local Planning Authorities having dedicated policies, including supplementary planning guidance in place to control the numbers and locations, particularly around residential areas, proximity to schools and to limit the number of such premises in any particular location. Takeaway exclusion zones and Article 4 Directions are examples of such control put in place.
Such A5 Use Class Hot Food Takeaways can cause numerous issues for planning applications which such considerations as health, highway safety, protection of residential amenity, hours of operation, odours and cooking smells, disposal of waste products, litter and crime and anti-social behaviour among the key issues to be resolved.
If you are considering an A5 Use Class hot food takeaway please contact us to discuss your requirements.
This page provides an introduction only and is not a definitive statement of the law and should therefore not be relied upon.
The information above relates to England only. Policies across the rest of the UK may differ.
Contact your Local Planning Authority for advice and confirmation before any works are carried out.