Article 4 Amendment of Part 42 of Schedule 2

In the heading to Part 42 (shops, financial or professional services establishments) of Schedule 2, after “Shops,” insert “Food and Drink Establishments and”.

At the end of Part 42 of Schedule 2 insert—

“Class D

Hospitality uses – awnings

Permitted Development

D. The installation of an awning over the frontage of premises falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order.

Development not permitted

D.1 Development is not permitted by Class D if—

(a)

the land is within the curtilage of a listed building;

(b)

the land is located on article 1(5) land or within a World Heritage Site;

(c)

an awning would constitute an advertisement.

Conditions

D.2 Development is permitted by Class D subject to the following conditions—

(a)

the awning must be fully retractable;

(b)

the awning must be fully retracted between 10 pm and 8 am;

(c)

the awning must not have—

(i)

any means of support from the public highway;

(ii)

any side or front panels extending towards the ground;

(d)

where an awning extends over a highway, permission must have been obtained from the relevant council under section 115E of the Highways Act 1980 for—

(i)

the installation of an awning;

(ii)

any connected use of the highway under Class F of Part 4A of this Schedule;

(e)

where permission has been given under section 115E for any connected use of the highway under Class F of Part 4A of this Schedule, an awning must not project beyond the part of the highway for which permission has been given for that connected use;

(f)

the erection of the awning must be completed within the relevant period.

Interpretation of Class D

D.3 For the purposes of Class D “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.”