When taking a business tenancy of premises such as a shop we are often instructed to advise on the current use of the property and assist in making an application to the local planning authority where the shop is located for a change of use. Whilst the procedure may seem straightforward this is not always the case.
You only have to give notice of your application to qualifying Owners of the land which means a person having a freehold interest in the land or a leasehold interest, the unexpired term of which is not less than seven years.
You may require planning permission if, in addition to the main intended use of the shop, you also intend to offer smaller services which do not fall within the current use of the property. For example A1 premises for beauty salon but suis generis if you intend to include a tanning studio.
Some material changes of use do not require planning permission as they fall within "permitted development".
The local planning authority has eight weeks from the correct submission of the application to make its decision. Generally the eight week period will not begin until the planning officer assigned to your case is satisfied that you have correctly completed the standard application form, submitted plans of the property to the correct scale, completed the correct ownership certificate, paid the correct fee, served the correct notices on owners and where required provided a design and access statement.
If you choose to instruct us on your behalf in an application for change of use for a shop we will advise you on how the past and present use of the shop affects your ability to carry out your intended business use for the property. We will advise you and assist you on putting together the correct documentation including purchasing the correct plans, completing the application form on your behalf. We will serve notices on the owners. We are registered to make your application online which speeds up the process. We will keep you appraised of the determination date. In the event your application is unsuccessful or unexpected conditions are attached to the final decision we can assist you in considering and making an appeal against unfavourable decisions.
TP Legal Ltd is regulated by the Solicitors Regulation Authority (SRA no. 567465).
TP Legal Ltd © is a limited company, registered in England and Wales with registered number 07967867. We trade under the name of TP Legal Solicitors ©. Directors - Jayne Gill, Tariq Phillips and Hannah White (Solicitors). Copyright 2017