New Regulations in Force for Hospitality and Town Centres

In January 2022 Regulations came into force to make temporary permitted development rights, introduced in response to the pandemic, permanent. Planning permission will no longer be required for the installation of a movable structures for the hospitality sector and in town centres, subject to satisfying a number of conditions, and provided that they are not within designated protected areas – however Listed Buildings are expressly addressed with a concession for temporary installations.

In summary, amendments to the Town and Country Planning General Permitted Development Order (GPDO) in England include the following main changes, though it would be important to assess the detailed requirements prior to undertaking any development work.

From 2nd January 2022, a new Part 2 Class G gives express permission for the installation of one movable structure within the curtilage of hospitality buildings such as a restaurant, public house, wine bar or café, provided that it is not a listed building or a scheduled ancient monument (SAM). There are a number of conditions attached to the permitted development right, including the requirement that the height of the moveable structure cannot exceed 3m; the footprint of the moveable structure cannot exceed 50% of the footprint of the building, or 50m2 (whichever is the lesser); the moveable structure cannot be within 2m of the curtilage of any adjacent residential land; and the moveable structure cannot be used for the display of an advertisement.

Amended Part 4 Class B8 applies to Listed Buildings where planning permission is not required for one movable structure to be installed for up to 120 days during a 1-year period within the curtilage of hospitality buildings such as a restaurant, public house, wine bar, or an historic visitor attraction. The right does not extend to SAMs. The developer will require Prior Approval from the Local Planning Authority before carrying out any works. The issues covered by the Prior Approval relate to the siting of the movable structure and the method by which it is proposed to be installed and the Council will need to consult with Historic England. There is a requirement that as soon as practicable after the moveable structure is removed, the land must be reinstated to its former condition. Mitigation measures include a height limit of 3 metres; a 2 metre boundary buffer where next to residential development; and a size threshold of no more than 50% of the existing footprint of the building on site or 50 square metres, whichever is the lesser.

The holding of a market by, or on behalf of the local authority, does not now require planning permission under the terms of Part 12 Class BA in the amended GPDO, provided that it is not on a SAM or Site of Special Scientific Interest.

Until 31st December 2022, emergency development by, or on behalf of, a local authority or health service body for preventing an emergency; reducing, controlling or mitigating the effects of an emergency; or taking other action in connection with an emergency, does also not require planning permission under Part 12A Class A of the amended GDPO.

For more details, contact the TPP Planning Team.