UKC

I live above a vacant business unit and I've recently seen the land lord showing potential tennants around.

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

In reply to Voltemands:

The planning authority should notify you if an application is made.

In reply to Voltemands:
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.

In reply to Voltemands:

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.

In reply to Voltemands:

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.

http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/

In reply to Voltemands: Yes a Change of Use application is just like any other application because it's made under the same legislation. You should be notified as an immediate neighbour and a site notice may be put up (although that is not a statutory requirement). There are some circumstances where a change of use application is not needed - this depends upon the existing and proposed use classes. So a shop would need planning permission to become a takeaway but a takeaway would not need planning permission to become a retail shop (shop being seen as having lower impact). It's hard to advise properly without knowing the existing use and the site history.

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.

In reply to Alyson:

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).

In reply to winhill:



Planning officers or planning admin depending on the authority. Considerably more are put up than are taken down...

In reply to The New NickB:

Shows how long it is since I did any DC/DM work. A3 now split in to A3/4/5.

In reply to ebygomm:


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.

In reply to Voltemands:

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.

In reply to winhill: We have a statutory requirement for site notices if the development:

- 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).

In reply to Voltemands: OK, it's a relief too see that it's not quite as simple as hoiking in the deep fat frying machines and opening shop in one day. I don't own the property, which is better I guess given that i can just move if the worse happenes. And just fyi it used to be a butcher's shop.

Thanks for all the info folks.