Friday, 26 September 2025

This time the hare might win: dark kitchens and the regulatory race

Posted by Helen Moore, Associate Professor (Research) & Fuse Associate, Teesside University 

Do you remember the fable of the tortoise and the hare? The one where the overconfident hare sprints ahead, but takes a nap, and lets the slow but steady tortoise win the race? Well, in today’s digital economy, that story’s getting a reboot, but this time, the hare isn’t napping.

In the world of food delivery and online ordering, the hare (the digital entrepreneurs) is wide awake and developing food purchasing opportunities at an incredible speed. Online delivery outlets, often functioning as dark kitchens, are agile, tech-savvy, and unburdened by the red tape of traditional business models. They’re using popular, well-known apps to reach huge numbers of people, launching new brands overnight, flooding menus with similar, but subtly different options and delivering meals faster than regulators can say “planning permission.” Low overheads, high levels of flexibility and choice have meant that rates of online food ordering are increasing, with the covid-19 pandemic accelerating this phenomenon.

Meanwhile, the tortoise (well-meaning but less agile local and national government) is still trying to understand the race in which it has been entered. Regulators are struggling to keep pace with a food industry that’s evolving in real time while the professionals working in local authorities hit ‘speed bumps’ which include outdated planning laws and limited evidence. For example, there is no clear use classification for dark kitchens, and some councils treat them as “industrial”, others as “sui generis” (unique), and there is inconsistent enforcement between local authorities. While some local authorities have implemented restrictions on takeaways opening close to schools, online food ordering apps mean that food can be delivered from places outside of the restricted areas. In addition, due to limitations with the recording of food outlet data, policymakers also find it hard to track spread or assess impact of dark kitchens which contribute significantly to this industry.

While innovation races ahead, regulation is not keeping pace, raising questions about public health, urban planning, and fairness. This isn’t just a story of speed, it’s also a story of systems, and unless the tortoise finds ways to modernise the traditional policy cycles to become proactive rather than reactive, and to reduce potential loopholes, the hare might just win this one, particularly as consumers like convenience and variety, which online ordering offers in abundance.

So, what can be done?

National and local authorities need to rethink how they engage with fast-moving digital industries - not to stifle innovation, but to ensure it serves the public good. We need clear national guidance on planning classifications, and health-focused planning laws that include digital-only food outlets. It isn’t all bad news though, there are some signs of progress with local authorities beginning to enforce planning permission requirements and with funded research projects examining various aspects of dark kitchens.

Free online training

To support local authorities and communities in using the planning system to promote healthier diets and reduce obesity, we have launched a new, free e-learning course called Planning for a Healthier Food Environment. The course was developed through a collaborative effort between Fuse (the Centre for Translational Research in Public Health), academic experts from Teesside University and Newcastle University, and the Office for Health Improvement and Disparities (OHID).

This one-hour online Fuse Research Event, held on 23 September, introduced the wider policy and planning context for the course, provided insights into its cross-disciplinary development, and outlined how the resource can be applied in practice to support healthier, more equitable environments.


Photo by Roman on Unsplash

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