1. You miss the point entirely about planning permission. You need planning permission to carry out any works to the premises. Without planning permission you cannot carry out the intended works or any works. Accordingly, once planning permission is required for the subdivision, then it must be granted before any works, including the fitting out of the new subdivided section occurs. Otherwise the works are illegal in law and any interested person can bring a court order enforcing compliance with the existing planning permission. A retailer who carrys out fit-out works before planning permission has been granted simply runs the risk of having legal proceedings taken against him and also that his investment in the fit out works will be lost. This is the case irrespective of the fact that no change of use issue arises.
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