§ Mr. Coombsasked the Secretary of State for the Environment in what way the amendment of the Town and Country Planning Use Classes Order in 1972 has affected the need to seek planning permission for the establishment of fried fish shops and other shops for the sale of hot food.
§ Mr. Graham PageThe effect of the order is that a change of use from one kind of shop within Class I to another does not require planning permission. But, in the order which was in force until last October, fish and chip shops were excluded from Class I: this meant that normally fish and chip shops required permission. The Town and Country Planning (Use Classes) Order 1972—SI 1972 No. 1385—extended the exclusion to all shops for the sale of hot food. Thus, a change from an ordinary shop to a hot food shop will normally require permission.
The order does not convey any right to change a use from one type of hot food shop to another—there is no question of a separate "use class" for hot food shops. Whether such a change of use requires planning permission depends on whether there is a "material change of use": this is a matter of fact and degree to be decided by the local planning authority in each case.