Vape shops to require planning permission under Government plans to boost high streets

Announcing the changes on Tuesday (11 August), Prime Minister Andy Burnham also said the Government would make legislative changes to curb the number of gambling establishments. 

Under current planning rules, vape shops fall within Class E, the broad planning use class covering shops, cafes, banks and other commercial uses. This means a change of use to a vape shop can generally take place without a planning application, subject to any other applicable restrictions.

The Government will consult on removing vape shops from Class E and creating a standalone planning use class, meaning that opening a vape shop would always require a planning application.

The Government will also revoke the Gambling Act’s “aim to permit” rule, under which councils are currently required to aim to permit gambling in their areas when considering applications, subject to the statutory licensing objectives.

The changes are intended to give councils and communities a greater say over whether new betting shops and other gambling premises are appropriate for their areas, the Government said.

Adult Gaming Centres (AGCs), which are adult-only premises offering gambling machines such as slot and fruit machines, will also require planning permission under proposals due to come into effect at the start of next year.

The Government also plans to double the maximum length of closure orders from six to 12 months. It said this would give police and local authorities more time to investigate premises linked to organised crime, pursue prosecutions and prevent rogue businesses from reopening before investigations are complete.

The proposals form part of a wider package of measures aimed at tackling the decline of high streets.

Andy Burnham, Mayor of Greater Manchester, said: “For many people, the high streets they grew up with have been hollowed out and become unrecognisable over decades of decline. The rise of vape shops, betting shops and rogue operators have replaced the shops, services, and community spaces that people are crying out for.”

He added: “We're putting communities back in control and giving local people a real say over what opens on their high street. Local councils will be given the powers they need to rein in unwanted shops and bring town centres back to life.”

The Government meanwhile said it would work with councils to improve the appearance of high streets by setting clearer expectations for the design and appearance of shopfronts.

Working with the Planning Advisory Service, it will identify examples of attractive and thriving town centres from across the country and provide councils with practical guidance on improving the appearance and feel of local high streets.

The chair of the Local Government Association, Cllr Eamonn O'Brien, welcomed the reforms, stating: "It is positive that councils and communities will get a greater say on what shops and services are found on their high streets through these changes to the Use Class Order which will require vape shops to acquire planning permission.

"The LGA has consistently raised that some permitted development rights, which allow uses to change without planning permission, can hollow out high streets and reduce community and democratic oversight of planning decisions.    

"Extra powers will help councils in revitalising high streets and shaping their communities, particularly in regulating betting and vaping shops, while also breathing new life into empty premises."   

Adam Carey