T. Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1 (business), Class C1 (hotels), Class C2 (residential institutions), Class C2A (secure residential institutions) or Class D2 (assembly and leisure) of the Schedule to the Use Classes Order, to use as a state-funded school or a registered nursery.
T.1 Development is not permitted by Class T if—
(a)permission to use the site for a use falling within Class D2 (assembly and leisure) of the Schedule to the Use Classes Order has been granted only by virtue of Class J of this Part;
(b)the site is, or forms part of, a military explosives storage area;
(c)the site is, or forms part of, a safety hazard area; or
(d)the building is a listed building or a scheduled monument.
T.2—(1) Development is permitted by Class T subject to the following conditions—
(a)the site is to be used as a state-funded school or, as the case may be, as a registered nursery and for no other purpose, including any other purpose falling within Class D1 (non-residential institutions) of the Schedule to the Use Classes Order, except to the extent that the other purpose is ancillary to the primary use of the site as a state-funded school or, as the case may be, as a registered nursery;
(b)before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to—
(i)transport and highways impacts of the development;
(ii)noise impacts of the development; and
(iii)contamination risks on the site,
and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(2) Subject to sub-paragraph (3), development under Class T must begin within a period of 3 years starting with the prior approval date.
(3) Where, in relation to a particular development under Class T, planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class T must begin within the period of 3 years starting with the date that planning permission is granted.
(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class T.