Pubs, hot food takeaways and betting shops are sui generis uses, so changing a Class E shop into one normally needs planning permission. Continuing an existing lawful use is different from changing it, and the legislation allows some specific changes away from certain sui generis uses. [1][2]
What sui generis means
These uses are individually outside the ordinary use classes. They are not members of a single class that lets a pub become a betting shop, or a takeaway become a pub, without further consideration. The relevant question is whether the proposed activity amounts to a material change from the established lawful use. [1][3]
The food-and-drink distinction is especially important. Class E includes food and drink mainly consumed on the premises. A business mainly supplying hot food for consumption elsewhere is separately classified. The proportion and character of the operation need to be described honestly; adding a few chairs does not itself decide the planning use. [4][5]
Why the direction of change matters
Specific permitted-development provisions can allow certain takeaways, betting offices or other named premises to change to Class E. That does not create an equivalent right to turn any Class E premises into a takeaway or betting office. Read the provision for the actual starting and finishing uses, rather than assuming that a permitted route works both ways. [2]
A new operator taking over a lawful pub without materially changing its use is also different from converting a shop into a pub. Existing planning conditions still need checking: an established use does not necessarily carry unrestricted hours, outside seating or permission for new plant. [3][6]
What a planning application needs to address
Explain the operation, including customer areas, food preparation, collection and delivery arrangements, extraction equipment and opening hours. Noise assessment may need to consider customers outside as well as sound from the building and its equipment. [7][8]
For hot food takeaways, location can be a fundamental policy issue. The NPPF published on 17 August 2026 contains policy HC5 on proximity to schools and other places where young people gather, and on harmful concentrations of uses. This is separate from whether an extraction system can control odour. [9]
For the loss of a pub or other community facility, retention and marketing evidence can also be relevant. National policy HC6 and local requirements must be considered; vacancy alone should not be treated as proof that the existing use can be abandoned. [9][10]
Planning and licensing are separate
A premises licence does not grant planning permission, and a planning permission does not authorise alcohol sales. Both sets of operating conditions need to be met. The September 2026 licensing guidance expressly addresses the separation between the systems. [11]
On 1 September 2026, the government proposed further changes concerning vape shops and adult gaming centres. Those proposed classifications should not be applied as though legislation has already taken effect. [12]