As a result of the lockdown, the Government has introduced a new permitted development right pursuant to the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 ( the "Order"). As of 24 March 2020, the Order allows restaurants, cafes and drinking establishments to operate takeaway services up until 23 March 2021.
This new right was introduced shortly after the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (the Regulations) forced businesses that sold food or drink to close, albeit with some exceptions, from 2pm on 21 March 2020.
The Government has relaxed this planning rule to prevent the collapse of thousands of businesses in the hospitality industry during the pandemic.
This new permitted development right – "Class DA" is subject to a few conditions as follows:
a) the local authority in question must be immediately notified of the provision of takeaway food;
b) the new right does not allow for the sale of alcoholic drinks without compliance with the existing licensing laws; and
c) the Order does not apply if the existing planning permission specifically prohibits or restricts takeaway services.
It's clear that the Government is striving to protect the public's health by reducing situations where people may gather in large groups, whilst balancing the need to assist businesses stay afloat.
Hopefully, this new permitted development right will help the nation keep a sense of normality while supporting their local restaurants. It appears that with the population in lockdown, takeaways are even more popular!
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