Use class for combined shop and clinic

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3 Mar 2016
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Hello

I am hoping to lease an A1 Retail property and am not sure if this use class is appropriate for the business I want to run from it. I submitted a query to the local council planning department but won't have a response for at least two weeks. The landlord is keen to move ahead with the lease more quickly.

The property comprises a front room with a display window, a slightly larger room at the rear, and a smaller courtyard garden out the back.

The business will provide products for sale in the front room. The products will support traditional East Asian medicine and the associated healing arts, like books and artwork along the same theme, dry loose-leaf tea, Chinese liniments and herbal supplements, etc. The slightly larger room at the rear will be used mainly to provide acupuncture and other East Asian medical treatments (e.g. Shiatsu massage) and activities (e.g. Tai Chi classes). The courtyard garden will be maintained as a Zen garden and used primarily as a space for quiet contemplation by individuals and for small gatherings (e.g. a meeting point for people joining a guided Health Walk).

Retail products for sale will be displayed throughout the premises - mainly in the front room, some in the rear room, and some in the courtyard garden.

The business name will be prominently displayed on the signage on the front of the building, with the word 'acupuncture' most prominent. The shop window will be used primarily to display retail items for sale, although information about available treatments and activities will also be visible through the window.

Is A1 Retail the appropriate use class for my business or will I have a planning issue on my hands if I go ahead with the lease without an answer from the council?

Thank you for your thoughts and help!
 
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You need to work out as a percentage of turnover, how much will be retail sales which fit in with a1 use, and how much will be medical d1 use, and whatever the other uses fit into.

If it's a small percentage of non retail, then you could argue that it's an ancillary use to the retail sales, but that would need to be a very good argument.

You would be wise to get it confirmed before committing to a lease. Delay the signing.
 
Thank you Woody. I really appreciate your speedy reply. Turnover from the medical (acupuncture) part will be the greater portion overall, so it looks like I'll need to delay signing until I have an answer.
 
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I don't really understand what there is to query, it will be class D1 and will need a planning application for change of use. And that approval needs to be granted before you sign the lease.
 

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