Cafe extension conflicts with legal development rights

Despite referring to government guidance which suggested that permitted development rights conferred under Class A of Part 42 to schedule 2 of the GPDO 2013 specifically authorised extensions of up to 100m2 to catering establishments, an inspector disagreed and refused to issue a LDC seeking confirmation that the appellant's café could be increased in size.

Part 42 did indeed refer to ‘catering’ establishments the inspector conceded. However the operative part of the legislation in respect of extensions and alterations related only to a ‘shop or financial or professional services establishment’. Paragraph A.2(c) made clear that any extension should only be used as part of the shop or financial or professional establishment as defined by Classes A1 and A2 of the Use Classes Order 1987. Since the appellant’s café served hot food for consumption on the premises it could not fall within this definition so that whilst the 2013 order referred to shops or catering establishments this did not override the specific wording within paragraph A.2 which did not include restaurants and cafes, the latter falling within Class A3.

Inspector: Michael Hetherington; Written representations

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