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A5 Use Class – Hot Food Takeaways

A5 Use Class is for hot food takeaways, where food is sold for consumption off the premises.

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, In England, was split into three uses, including A3A4 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.

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.

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.


England - A5 Use Class Hot Food takeaways

In England, from 1st September 2020, changes were made to the Use Classes Order, All “A” classes are now revoked, with the previous A5 Use now classed as Sui Generis “(hot food takeaways) – hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises”. The amended wording introduces “mostly” which may provide opportunities, particularly for mixed uses or potentially restaurants where there are some takeaways.

Wales - Hot Food takeaways

In Wales, hot food takeaways fall under an A3 use – for more information please click here.

Northern Ireland & Scotland

In Northern Ireland and Scotland, hot food takeaways are classed as a Sui Generis use.

Disclaimer: 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. All images used are for illustrative purposes only. Read the full disclaimer here.

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