Class Sui Generis

Class Sui GenerisHot Food Takeaway

Hot food takeaways are Sui Generis uses — they fall outside any use class and always require full planning permission for a new opening or any change of use. Councils carefully assess their impact on health, residential amenity, litter, and odours. Many local plans contain policies restricting new takeaways within a set distance of schools or in areas with an existing concentration of such uses.

Examples of Class Sui Generis Uses

Fish and chip shops
Kebab and burger takeaways
Fried chicken shops
Chinese and Indian takeaways
Pizza delivery premises
Sushi takeaway counters

Change of Use Rules

1

Any new hot food takeaway requires full planning permission — there is no permitted development right.

2

Change from Class E (e.g. shop or café) to hot food takeaway requires planning permission.

3

Change from hot food takeaway back to Class E (shop, café without hot food) requires planning permission.

4

Planning permission may be refused near schools under hot food proximity policies adopted by many councils.

5

Cumulative impact policies may result in refusal where there is already a high concentration of takeaways in the area.

Frequently Asked Questions

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