Levelling-up and Regeneration Act 2023

Prospective

Significant concepts E+W

191 Designated high streets and town centres E+W

(1) A local authority may designate a street in its area as a high street for the purposes of this Part if it considers that the street is important to the local economy because of a concentration of high-street uses of premises on the street.

(2) A local authority may designate an area within its area as a town centre for the purposes of this Part if—

(a) the built environment of the area is characterised principally by a network of streets, and

(b) the authority considers that the area is important to the local economy because of a concentration of high-street uses of premises in the area.

(3) A street or area is not to be designated, however, if the authority considers that its importance derives principally from goods or services purchased in the course of business.

(4) A designation under this section may be varied or withdrawn at any time.

(5) A local authority must maintain and make available to the public a list describing, and a map showing, any designations under this section that are in force in its area.

(6) A designation under this section is a local land charge.

(7) In this Part—

• “designated high street” means a street for the time being designated under subsection (1);

• “designated town centre” means an area for the time being designated under subsection (2).

Commencement Information

I1 S. 191 not in force at Royal Assent, see s. 255(7)

192 High-street uses and premises E+W

(1) For the purposes of this Part, any use of premises that falls within any of the following sub-paragraphs is a “high-street use”—

(a) use as a shop or office;

(b) use for the provision of services to persons who include visiting members of the public;

(c) use as a restaurant, bar, public house, café or other establishment selling food or drink for immediate consumption;

(d) use for public entertainment or recreation;

(e) use as a communal hall or meeting-place;

(f) use for manufacturing or other industrial processes of a sort that can (in each case) reasonably be carried on in proximity to, and compatibly with, the preceding uses.

(2) For the purposes of this Part, premises are “qualifying high-street premises” if—

(a) they are situated on a designated high street or in a designated town centre, and

(b) the local authority considers them to be suitable for a high-street use.

(3) But premises are not “qualifying high-street premises” if they are, or when last used were, used wholly or mainly as a warehouse.

(4) For the purposes of this Part, “suitable high-street use”, in relation to premises, means a high-street use for which the local authority considers the premises to be suitable.

(5) In considering the uses for which premises are suitable, a local authority is to have regard to any works that it expects—

(a) the landlord would be required to carry out, or

(b) the tenant would be permitted to, and likely to, carry out,

if a contract was entered into under section 204 and a tenancy was granted further to it.

Commencement Information

I2 S. 192 not in force at Royal Assent, see s. 255(7)

193 Vacancy condition E+W

(1) For the purposes of this Part, the “vacancy condition” is satisfied in relation to premises on a given day if—

(a) the premises are unoccupied on that day, and

(b) either—

(i) the premises were unoccupied for the whole of the period of one year ending with the previous day, or

(ii) during the period of two years ending with the previous day, the premises were unoccupied on at least 366 days.

(2) For the purposes of subsection (1), premises are occupied on a day during which they begin or cease to be occupied.

(3) Days before the day on which this section comes into force are to count for the purposes of subsection (1)(b).

(4) Occupation by a person living in premises that are not designed or adapted for residential use is not to count as occupation for the purposes of this section.

(5) Regulations may amend this section so as to alter the circumstances in which the “vacancy condition” is satisfied in relation to premises.

(6) Those circumstances must relate to the time during which premises are or have been unoccupied.

(7) A state of affairs does not amount to the occupation of premises for the purposes of this section unless it involves the use of the premises for activity that—

(a) is substantial,

(b) is sustained, and

(c) involves the regular presence of people at the premises.

Commencement Information

I3 S. 193 not in force at Royal Assent, see s. 255(7)

194 Local benefit condition E+W

For the purposes of this Part, the “local benefit condition” is satisfied in relation to premises if the local authority considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment.

Commencement Information

I4 S. 194 not in force at Royal Assent, see s. 255(7)