Class C – Click and collect facilities

 

Class C allows for a shop to create a click and collect facility within their curtilage. The building or structure is limited to 20 sq m and under 4m high. It can’t be within 2m of the boundary either. 

If this is on the frontage of the shop, there must be at least 5m between the shop and the highway. 

If you can comply with the various requirements, you will need to submit a prior approval to the local authority for the click and collect facility. This is a 56 day procedure. 

All the information relevant to Class C for click and collect can be found in the legislation below. If you need assistance in submitting the application, please contact us for a quote. 

 

 

 

Legislation

 

Class C – click and collect facilities

Permitted development

C. Development consisting of the erection or construction of a collection facility within the curtilage of a shop.

Development not permitted

C.1 Development is not permitted by Class C if—

(a) the development would result in more than 1 collection facility within the curtilage of a shop;

(b) the gross floor space of the building or structure would exceed 20 square metres;

(c) the height of the building or structure would exceed 4 metres;

(d) any part of the development would be within 2 metres of any boundary of the curtilage;

(e) any part of the development would be between a shop front and a highway where the distance between the shop front and the boundary of the curtilage of the premises is less than 5 metres; or

(f) any part of the development would be—
(i) on article 2(3) land;
(ii) in a site of special scientific interest; or
(iii) within the curtilage of a listed building or a scheduled monument.

Conditions

C.2— (1) Development is permitted by Class C subject to the condition that the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the development and the following sub-paragraphs apply in relation to that application.

(2) The application must be accompanied by—

(a) a written description of the proposed development, which must include details of any building operations proposed;

(b) a plan indicating the site and showing the proposed development;

(c) the developer’s contact address; and

(d) the developer’s email address if the developer is content to receive communications electronically,

together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a) the proposed development does not comply with, or

(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in Class C as being applicable to the development in question.

(4) Sub-paragraphs (5) and (7) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) The local planning authority must give notice of the proposed development—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
(i) describes the proposed development;
(ii) provides the address of the proposed development;
(iii) specifies the date by which representations are to be received by the local planning authority; or

(b) by serving a notice in that form on any adjoining owner or occupier.

(6) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

(7) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any notice given under sub-paragraph (5);

(b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in July 2021, so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(8) The development must not begin before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(9) The development must be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;

(b) where prior approval is not required, or where sub-paragraph (8)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(10) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

(11) When computing the number of days in sub-paragraph (5)(a), any day which is a public holiday must be disregarded.

Interpretation of Class C

C.3  For the purposes of Class C—

“collection facility” means a building or structure designed to be used by visiting members of the public for the collection of any goods and for the storage of goods awaiting such collection; and

“shop” means a building used for any purpose within Class E(a) (display or retail sale of goods other than hot food) of Schedule 2 to the Use Classes Order.

 

 

 

Click and collect Page Updated:  8th August 2023