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31st January, 2022 by Jamie Childs
Towards the end of 2021 the Government announced that it was making certain temporary permitted development rights introduced in response to the COVID-19 pandemic permanent. Planning and licensing law expert, Jamie Childs, examines the implications of this announcement for owners and operators of licensed premises.
The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 3) Order 2021 (“2021 Order”) was made on 16 December 2021 and came into force at the beginning of January 2022.
The 2021 Order introduced a permanent permitted development right to provide one moveable structure within the curtilage of a pub (including those with expanded food provision) or other premises which is used for the sale of food or drink mainly to members of the public who consume that food or drink on the premises.
In general terms, this new permitted development right is expected to be welcomed by owners and operators of licensed premises as it provides clarity over the siting of such structures on their premises, flexibility to use moveable structures to expand operational floor space and may allow the conventional planning application process (and its associated costs and potential delays) to be avoided.
If they are contemplating using these new permanent permitted development rights, owners and operators of licensed premises should be aware of the following restrictions on the use of this right:
Howes Percival has a dedicated Leisure and Tourism team who have been advising clients in the leisure and tourism industry for over 25 years. Howes Percival’s team includes solicitors specialising in regulatory, property, employment, planning, licensing, intellectual property and commercial law so are well equipped to advise owners and operators of licenced premises on any legal issues they have.
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