The tests are not interchangeable: the August 2026 NPPF uses a reasonable-walking-distance test, while London and borough policies can specify distances and additional location requirements. Being within a town centre does not automatically resolve every policy issue. [1][2][3]
First establish the proposed use
Class E includes cafés and restaurants where food and drink are mainly consumed on the premises. A hot food takeaway is separately classified as sui generis. Describe the actual balance of eating in, collection and delivery rather than relying on the word “café” in the proposed trading name. [4][5]
A material change from a shop to a takeaway normally needs planning permission. The extraction system, shopfront and signs may need additional consideration even where the business-use position has been resolved. [6][7]
National policy from 17 August 2026
Policy HC5 of the new NPPF says proposals for hot food takeaways should be refused within reasonable walking distance of schools and other places where children and young people congregate, unless the proposal is within a designated town centre. HC5 also addresses evidence of adverse effects from a concentration of relevant uses. [1]
The national policy does not establish a universal 400-metre radius. Nor should its town-centre exception be read as a guarantee of approval: the remaining national and development-plan considerations still need assessment. [1][8]
London and borough requirements
London Plan policy E9's school-distance requirement is addressed in the Planning Inspectorate's decision of 23 July 2025 concerning 145 Goldsmiths Row. The decision identifies 400 metres walking distance from primary or secondary school entrances and exits, and explains the separate local-policy issue at that site. It is an illustration of the policy's application, not a prediction of another application's outcome. [2]
Waltham Forest's adopted policy 51 illustrates why the borough plan also matters. It requires a designated centre or parade, controls clustering, and uses a 400-metre walking-distance test from the boundary of specified educational and youth facilities. Its list extends beyond primary and secondary schools. These are Waltham Forest requirements, not a single template for every borough. [3]
What to establish before taking a lease
Map the premises against designated centres, relevant schools and other facilities, using the walking route and measurement points specified by each policy. Do not substitute a straight-line circle for a walking-distance test or use a school entrance where the local policy refers to its boundary. [1][3][2]
Explain the proposed operation, surrounding uses, extraction, waste arrangements and hours. Locational policy and effects such as noise and odour are separate parts of the case; a satisfactory technical system does not automatically overcome an unsuitable policy location. [1][9][7]
Changes to monitor
The replacement London Plan remained a consultation draft on 2 October 2026, with consultation ending on 15 October 2026. Assess adopted and emerging policies accurately rather than assuming the draft has already replaced policy E9. [10]