Do I need planning permission for a smoking shelter?
Planning permission is likely to be required for any form of extension or external alterations to commercial premises, including the erection of a permanent awning or a freestanding building/structure to provide shelter for smokers. Commercial premises such as public houses do not have permitted development rights.
Therefore, planning permission will be required for the following:
- permanent external smoking shelters or other similar structures, whether freestanding or attached to existing buildings;
- installation of awnings / canopies / blinds attached to buildings, that will have a material effect on the external appearance of a building;
- creation of outdoor smoking areas on the public highway;
- use of any land as a beer garden or yard, where the land does not form part of the business premises;
- construction of raised timber decking;
- stub-out bins on the front of premises;
Planning permission will normally not be required for the following operations and uses:
- portable freestanding awnings/canopies and space heaters;
- the use of beer gardens, yards and forecourts, where these are ancillary to the main pub/restaurant use and are lawfully part of the existing business.
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