A3 use ok for our needs?

[michm1]

We are trying to buy a restaurant. It has A3 use. I got slightly confused a while ago, so I sent an email to the Development Officer at our local council asking whether we would be ok with a3 use or would we need a5 use (in addition to a3) We will be serving food hot toeat in mainly, 85% +, of the time. However, we would also like to offer a small number of hot food takeaways ,

I then did quite a bit of research and found the existing a3 use would be ok for our needs. i.e only ancillary takeaway provision and mainly eat in.

All was ok till today and I received an email from the above mentioned Development Councillor saying that :
A3 (Restaurants and Cafes) involves the sale of food and light refreshment which is consumed on the premises. However, for the sale of hot food for consumption off the premises this would require an A5 use (Hot Food Takeaway). This does not come under the A3 use class that exists on the property and therefore a planning application would be required to allow the sale of hot food takeaways.



I hope this clarifies things. I would advise you that if you wish for an informal opinion from a planning officer on this proposal that you should contact the Council’s Development Management team




Is this right, I can't find any info on this directly from the council website, but A3 normally does seem to include some hot food takeaway provision too!

Or as with most things can they make their own rule up about this?

Any advice greatly received, I will call the Council later just want to have as much knowledge as I can before!!

Thanks in advance for any replies

 

[Rhodes100]

It used to be all A3 use for all catering needs takeaways, restuarants etc

Restaurants are now A3, Hot Food Takeaways A5.

I assume that the Restaurant currently does not provide takeaways if they do then they are in breach of planning permissions. If the business currently provides takeaway foods then you should ask the owner to pay for this change in planning permission.

If you want to provide any form of takeaways after you buy the business you need to obtain A5 consent.