Development Management Answers

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Current questions - can you help?

Q. My client has obtained and implemented permission for class A3, A4, A5, D1 and D2 uses operating from a long-established restaurant whose trading hours have never been controlled by planning condition. The D1 and D2 elements involve dance teaching and live music for diners. The council has imposed conditions requiring the non-A3 elements to end by midnight and identifying A3 as the primary use, with all other activities ancillary to that. My client now wishes to offer a food delivery service after midnight, when the premises are closed to customers. Would this constitute development requiring planning permission? SL

Answer or comment online at planningresource.co.uk/dmanswers or by emailing casebook@haymarket.com by Tuesday 16 January

Q. Councils occasionally receive joint planning applications from two adjacent homeowners who wish to build rear extensions sharing a party wall, with the intention of implementing permission at the same time. What is the best mechanism to ensure simultaneous implementation? Can it be done via an enforceable planning condition, or is a legal agreement necessary? JM

Answer or comment online at planningresource.co.uk/dmanswers or by emailing casebook@haymarket.com by Friday 26 January.

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