Statutory Instruments
2005 No. 84
TOWN AND COUNTRY PLANNING, ENGLAND
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2005
Made
21st January 2005
Coming into force
21st April 2005
The First Secretary of State, in exercise of the powers conferred upon him by sections 55(2)(f) and 333(7) of the Town and Country Planning Act 1990( 1 ) and all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement, application and interpretation
1. —(1) This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and shall come into force on 21 st April 2005.
(2) This Order applies in relation to England only.
(3) In this Order “the principal Order” means the Town and Country Planning (Use Classes) Order 1987( 2 ).
Amendments to the principal Order
2. —(1) In article 3(6) of the principal Order (exclusion from use classes) after sub-paragraph (j) insert —
“ (k) as a retail warehouse club being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club;
(l) as a night-club. ” .
(2) In Part A of the Schedule to the principal Order
(a) in Class A1(Shops), after sub-paragraph (j) insert—
“ (k) as an internet café; where the primary purpose of the premises is to provide facilities for enabling members of the public to access the internet ” ;
(b) for Class A3 (Food and drink) substitute—
“ Restaurants and cafes
Class A3. Use for the sale of food and drink for consumption on the premises.
Drinking establishments
Class A4. Use as a public house, wine-bar or other drinking establishment
Hot food takeaways
Class A5. Use for the sale of hot food for consumption off the premises. ” .
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
21st January 2005
1990 c. 8 ; to which there are amendments not relevant to this Order. The functions of the Secretary of State under sections 55 and 333(7) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 : see the entry in Schedule 1 for the Town and Country Planning Act 1990 as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 ( S.I. 2000/253 ).