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Successful Removal of Restrictive Planning Condition

On behalf of S&D Leisure, White Peak Planning has successfully removed a restrictive planning condition relating to the change of use of 159-161 Monton Road, Eccles.

In 2018, Salford City Council (SCC) granted planning permission for the change of use of a shop (A1) and residential dwelling (C3) to a restaurant and bar (A3/A4).  However, due to a planning policy seeking to protect A1 retail use, SCC imposed a condition requiring the retention of at least 15sqm of A1 floor space.

As part of the changes to the Use Classes Order (UCO) on 1st September 2020, Class A1 was incorporated into the new ‘Class E – Commercial, Business and Services’, along with Class A3.  Class E was introduced to allow the planning system to respond flexibly and quickly to changes taking place across town centres and allows changes of use within Class E without the need to apply for planning permission.  As a result, other units would be able to change from retail to restaurant/café use, without the need to retain an element of retail use.

We argued that the condition is no longer justified as it undermines the purpose of Class E and prevents what would otherwise be a lawful change from retail to restaurant use.  The Planning Policy Team and Planning Officer at SCC had no objections to the application and issued a new planning permission with the condition removed.

We are very pleased with the result and looking forward to celebrating with S&D Leisure over a glass of bubbly once the restaurant and bar is open.

Prosecco 2