/ Change of use
If the landlord applies for a change of use does he have to display this like any other planning application? (so I know it's in the works)
and, if it is the case that he wants too change the use, how easy is it too block these things/delay them for a long enough time that he/she will change their mind about if it is worth bothering?
I can appreciate that the landlord desires the income but I really don't want a smelly/noisey chip shop/indian/chinese/pizza/whatever take away below my home. there's a reason properties above such businesses are always either vacant or very cheap :-(
The planning authority should notify you if an application is made.
I think it depends on what its been in the past, the cottage near me had part of it turned in to a hairdressers and they had to have the normal planning application as that was residential to business but one sort of business to another sort may not need it.
Yes, do you know what the current approved use is? A standard retail use would be A1, office A2 and a takeaway A3. Depending on local considerations change from A1 or A2 to A3 can be quite difficult, thinks like operating times, food smells etc will be a major consideration.
If it is a change of use class, it will require advertising on site and in the local paper and require a (probably) deligated officer decision. The notice will give details if you want object.
What was it before? It's unlikely to be able to become a takeaway without notification (and the opportunity to object) unless it was a takeway before.
The planning officer will have a deadline to meet (normally 8 weeks from receipt of application) and it would be difficult to delay this significantly. If you generated a huge amount of local interest and publicity it might have to go to a planning board but even that is unlikely to delay things much.
You can make a good case for not having a takeaway or restaurant below a flat which is independently occupied, although it depends on the individual merits of each case. If an application is submitted, feel free to email me for advice.
That's interesting, I thought you'd need a site notice. Where they are put up, who puts them up? (I can't see people changing to A5 putting them up out of the goodness of their hearts but have seen many up).
Planning officers or planning admin depending on the authority. Considerably more are put up than are taken down...
Shows how long it is since I did any DC/DM work. A3 now split in to A3/4/5.
Agreed. That said, I know a couple of people who have lived above takeaways and didn't have problem with noise or smell but did benefit from reduced heating bills.
I don't know if you own the flat but it may be owrth checking your lease to see if there are any restrictions on the use of the ground floor. In my old flat therre was a clause in the lease which said the freeholder was not allowed to permit use of the ground floor for the consumption of hot food on and off the premises. Or a dry cleaners.
It did come in useful as a new tenant came in with the idea of a restaurant until I rang the F/holder who seemed to think I should not worry and just let the planning process take its course. I said no and it never happened. :)
- Affects a Conservation Area
- Affects a Listed Building
- Is a major development
- Affects a PROW
- Is accompanied by an Environmental Statement
- Is a departure from the Unitary Development Plan (or other adopted local plans)
These are all displayed by the local authority. We also generally put one up ourselves when there are no close neighbours but passers-by (walkers for example) may have an interest.
For a straightforward change of use I would send one out to the applicant and ask them to display it for 21 days and then fill in a form telling me they have done so. Many do, but it actually isn't a statutory obligation. For a household extension no site notice is needed (unless of course one of the above reasons applies).
Thanks for all the info folks.
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