Its official title is rather dry – the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 – but the Government announcement about the Order’s intended effect is rather more colourful.
The Minister for Planning Keith Hill indicated that the changes to the Use Classes Order 1987 are required to tackle high street blight – "These changes will give local authorities more control to manage town centre development while minimising the negative impacts of a proliferation of pubs, takeaways or nightclubs."
The amendments to the Use Classes Order have focused particularly on the potential for improving Use Classes on the high street by removing the ability of bars, takeaways and restaurants to change Use without planning permission.
Class A3 has been amended: it provides that hot and cold food may be eaten on the premises but this Class has been amended to prevent the sale of takeaway food. Two new Use Classes are now provided for: Class A4 – drinking establishments, and Class A5 - hot food takeaways. Nightclubs are now to be Sui Generis.
Class A1 has been amended to include internet cafes. The classification would not prevent an internet café from selling hot drinks or cold food for consumption, provided this use was purely ancillary.
The Order was made on the 25th January 2005 and comes into force on 21st April 2005 and applies to England only. The attached hotlink will take you to the ODPM website and the revised Use Classes Order Circular 03/2005.
http://www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_036810.pdf