Q&As

Among the changes recently made to the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757, is the addition to the list of sui generis uses of inter alia: ‘(q) as a drinking establishment with expanded food provision’. Is it intended to be a reference to the new temporary permitted development right under Class AA? Is there anything that explicitly spells this out?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 12 November 2020
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The Town and Country Planning (Use Classes) Order 1987 (UCO 1987), SI1987/764, art 3 (Use Classes) at paragraph 6 states: ‘No class specified in Schedule 1 or 2 includes use—(q) as a drinking establishment with expanded food provision’.

Because the use identified is not included in a use class, it is therefore clear that this is a Sui generis use.

This Amendment to UCO 1987, SI 1987/764 was added by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations (UCO 2020), SI 2020/757, reg 10(7)(b) made on 20 July 2020, which came into effect on 1 September

Sarah Fitzpatrick
Sarah Fitzpatrick

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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means distribute, disclose, store, use, analyse, copy, reproduce, extract, modify, or adapt in whole or in part.

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