Growing with the law

As an owner or manager in the hotel and catering industry why do you need to know about town planning? Well, in the hectic daily schedule of making sure the business runs smoothly and your customers are happy, you probably don't. But if you want to start a new venture, expand your existing business or advertise on your premises, then you may need planning approval.

Classification

In planning law, land and buildings fall into different use classes. These are groups of similar uses, which are considered to have broadly the same effects on their surroundings. The Town and Country Planning (Use Classes) Order of 1987 states that Class A3 comprises "use for the sale of food or drink for consumption on the premises, or of hot food for consumption off the premises".

Class C1 is defined as "use as a hotel, boarding or guest house where, in each case, no significant element of care is provided". The reference to "care" is to distinguish the premises from nursing and rest homes.

Generally speaking, premises can change their use within their own use class without the need for planning consent. Class A3 premises, for example, can change between hot-food shops, restaurants, cafés, snack-bars, wine-bars and public houses without needing planning permission.

In Scotland, restaurants and cafés are included in Class A3 but pubs are not.

Changes from one use class to another - for example, from Class A1 (shops) to Class A3 - usually need planning permission. Exceptions are made where the effect of a use change is considered to have less impact on the area.

So, if you already own premises with a Class A3 use, then you will have an automatic or "deemed" consent under the planning laws to change the premises to a shop, or an office for financial and professional services.

Although Class A3 includes shops for the sale of hot food, sandwich bars are regarded as Class A1. However, in considering where individual uses fall, the primary purpose is assessed. A sandwich bar, therefore, does not cease to be in the shops class merely because it also sells hot drinks, or if a few customers eat on the premises.

Building and construction works for new premises or an extension will almost always need planning permission.

Restaurants

For a new restaurant, the location is all-important. Town and city centre locations are usually more acceptable than shopping centres in residential areas.

This is because the effects of restaurants - smells and the comings and goings of diners - can have an adverse effect on residents' amenities. Planning consents for restaurants often have conditions imposed on them restricting the hours of opening in order to limit these effects.

Parking space availability for restaurant users is often a problem. In built-up areas it is usually unreasonable for the planning authority to insist that spaces are provided on the premises. However, the planners will look at whether public transport is available and also if diners' cars are likely to take residents' spaces in nearby roads or block traffic-flow.

Hotels

Many of the planning issues affecting hotels will depend on both the type of hotel and its location. There is a great difference between a proposal to extend an existing urban hotel and one to use a large house in the countryside for a hotel.

With urban hotels, the main issues will be to minimise the effects on neighbouring users and to ensure that the building's design fits in with adjoining property.

Country hotels will need extensive landscaping, satisfactory road access and on-site parking if they are to receive approval. In many areas, planning policies to protect green belt land will make it difficult to win planning permission.

If your business venture is likely to need planning permission, you will almost certainly need professional advice. An architect's set of plans will be essential and many architects can also offer advice on planning issues. However, for an ambitious proposal you would be advised to consult a town planning specialist.

It always pays to discuss your proposals informally with the planning authority before submitting a planning application. This will give you an idea of whether or not your proposal will be approved - saving money on wasted fees.