Maintenance Matters Navigating the Risks of Failing to Gain Planning Consent for Changes in the Catering Industry
By Simon Barry, Associate Director, Boyer (part of LRG) – www.boyerplanning.co.uk
Competition is fierce in the hospitality industry, which is why it is important for business owners to ensure that their venues are properly maintained and look as clean, safe, and welcoming as possible. Cash-strapped customers are keen to spend their money wisely and when considering where to eat, drink and socialise, first impressions really do count. However, before commencing any internal or external work, care should be taken to determine whether or not it is classified as maintenance or development, and whether planning consent is required.
The first step is to determine whether or not a building is listed, and if it is located in a conservation area. One thing you can be sure of is the that when it comes to listed buildings, then Listed Building Consent is required for almost everything! As a planner I am always surprised when I watch popular interior design TV programmes, and the contestants seem to suddenly make internal alterations, random decisions about changing the exterior colour or signage of a building in what is listed or clearly a conservation area.
Signage and advertising can be subject to advertisement consent, and this is particularly true for listed buildings, where even seemingly minor changes to the exterior can require special permissions to help preserve the building’s historic or architectural value. I can only assume that consent has been achieved beforehand as it is a criminal offence to undertake unauthorised work to a listed building and individuals who do so may be prosecuted and at risk of receiving a custodial sentence. In addition, the planning authority may insist that all worked carried out without consent is reversed and the building is restored to its original state.
So, what is the difference between maintenance and development? In truth it is something of a grey area. Maintenance generally refers to the repair or upkeep of existing features in a property, without making any significant alterations or additions. Planning permission is needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990. For example, repainting the exterior of a building, repairing a leaking roof, or replacing worn-out equipment in a kitchen would typically fall under maintenance.
A significant issue Boyer has noticed over recent years is the impacts that modern plastic based paints are having on traditional render, brick and stone and the damp issues this causes by the building being unable to breath. Whilst you may think this is a maintenance issue we have been requested to apply for Listed Building Consent to rectify this via unconventional methods such as ice blasting, but also non corrosive chemical peels and replacement with mineral based paints.
Repointing of walls might also be considered as maintenance, but if you want to pull a wall down to build a new one this would affect the external appearance of the building and be classed as a structural change that requires planning consent.
If you are planning work on a non-listed building that it is outside a conservation area, then the internal décor or layout can usually be changed pretty much as you want, with the exception of things like mezzanine floors that increase the floorspace of retail premises by more than 200 square metres. Replacing windows and doors in a non-listed building that is outside a conservation area is generally not a problem, although anything to do with adding an extension to a property, or change of use, will require consent.
If you plan to install certain external features, such as a small sign or an awning, these may fall under permitted development rights that don’t require planning consent, provided they meet specific criteria for size and location. Consideration must also be given to noise and environmental issues as these may impact your neighbours and the wider community – for example if you are planning to install a huge extraction fan on the side of the building, you are likely to receive complaints as it can sound like jumbo jet taking off!
When it comes to maintenance and development it is not always easy to generalise about what is and isn’t allowed as every case is unique. However, failure to gain the necessary planning permission can prove very costly, as well as being damaging to the reputation of a business. At present it can take two to four weeks to get something validated and any delays will have a snowball effect on the business, impacting things like your builder’s time, and the livelihoods of everyone from kitchen staff to door staff, who may choose to work elsewhere. I would always advise people to seek expert advice from a planning consultant or their local planning authority prior to commencing any maintenance or development work.