Planning: Restriction on Betting Offices

On 30 April 2014 we reported that the Government had published its document "Gambling Protections and Control" which was to provide Local Authorities with enhanced powers including being able to control the number of betting shops opening in their area. Further, at that time we commented that a wider consultation on change of use would take place this summer.

We can now confirm that the Department for Communities and Local Government (DCLG) has launched a "Technical consultation on planning".
The consultation, which can be viewed following this link, will run until 26 September 2014.

Currently, a premises used for any A2 use can become a betting office without the need for a planning application. In addition, permitted development rights allow the change of use from restaurants and cafés (A3), public houses (A4), and hot food takeaways (A5) into betting shops without the need for a planning application.

Local planning authorities can make an Article 4 direction to remove these permitted development rights albeit it is acknowledged that in practice very few have chosen to do so.

As a key part of ‘Gambling Protections and Controls' published on 30 April 2014 (see our previous article) the Government announced an intention that in future a planning application should be required for the change of use to a betting shop. Local communities and many local authorities have promoted this approach, including through a request under the Sustainable Communities Act 2007.

The consultation document sets out that the Government proposes to make changes to the General Permitted Development Order 1995 to remove the existing permitted development rights to the A2 use class. This will allow local planning authorities to consider individual applications for planning permission and the associated comments from consultees.

The consultation proposes that the retail offer is strengthened by incorporating into a revised wider A1 use class the majority of financial and professional services currently found in A2. It is proposed that the Use Class Order will be revised in respect of use classes A1 and A2, and the names of both uses classes revised to better reflect their new scope. In a nutshell, this will expand the flexibility for the majority of businesses to move between categories, however, it will leave betting shops together with pay day loan shops in their own unique retail use class, remaining within the A2 use class.

If you are interested in responding we would refer you to pages 28-30 of the consultation which contains further details and the questions upon which responses on this topic are sought.

We shall of course update you as soon as any further announcements are made.