Shop? Confused?

[Thompson24]

Hi guys

I'm looking to take over a retail unit in a town centre but I'm wanting to use it as a dog groomers, I spoke to the planning department and they said I would need special permission as it comes under separate rules something call serus genius? (not sure if that's how u spell it lol)

My friend recently opened one in another town and didn't need permission as the area she uses to do the grooming is less than the area she sells goods from. This would be the case with me too with the front of the shop being all retail space and only the back third bein used for me to do ky dog grooming.

My problem is i asked the council this question but they said I had to put it in writing and they would get back in 8-12 weeks. My problem is the landlord has given me 7 days to accept the unit so I really need to
Have an idea if I need change of use If the majority is retail space?

Hope someone can help

 

[DevilDamo]

The use class is called sui generis, which refers to a class not specified under the general use class order. Have a look here...

http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/

Certain uses do not fall within any use class and are considered 'sui generis'. Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.

The planning department may ask for details but all you need to provide them at this stage is a plan of the floor and indicating how much of it will be used for dog grooming and therefore maintaining the majority as retail.

Some planning departments offer free pre-application advice and can usually respond quite quickly. However, there are some (like yours) that will take about the same time as a formal planning application to get back to you, only to be told whether it does or does not require planning permission.

See if you can ask to speak to the planning's duty officer or maybe pop into the council to speak to them as some offer a service for people who drop in to ask questions.

 

[^woody^]

The retail unit can only be used for the type of business specified by the "Use Class" of the premises.

So if the main business of the unit complies with the Use Class, lets say selling pet products (ie retail) and then you decide to use part of the premises for an associated or ancillary use, lets say using the products to groom a dog, then that would be acceptable under the defined use class.

You could not do this if say, the main shop sells newspapers, as then the dog grooming would have nothing to do with the main shop use.

The planners are concerned with the main use of the premises.