Matters To consider When Changing To or From A1 Building Use Class
A Shop can fall within 2 or more categories depending on the intended use of the establishment. For example, coffee shops usually fall within use classes A1 or A3, or a mixture of both. therefore it is always necessary to establish what the primary use of the outlet will be. In the case of coffee shops, the primary use is generally determined by the split between takeaway sales and sales for consumption on the premises.
So if the primary use will be for takeaway sales of goods, such as coffee, tea and cold food, the use will fall within class A1, with permission for any ancillary uses to the main A1 class.
Hot food takeaways fall within use class A5, but ancillary sales of hot food will still be permitted within class A1.
Seating can also be provided for limited consumption on the premises. However, takeaway sales of drinks and cold food must remain the dominant use to ensure there is no breach of planning law.
On the other hand, if the primary use of the premises will be for the sale of food or drinks to be consumed on the premises, then the proposed use will fall within class A3 and Change of Use Planning permission will be required.
In some cases, it might not be possible to determine a primary use. The takeaway sales may be broadly equal to the sales for consumption on the premises. Alternatively, the dominant use may fluctuate over time. This results in a mixed class A1 and A3 use, which will require planning permission.
A1 Change of Use Case Studies
A small selection of The Change of Use Planning Permission we have recently secured for our clients.