The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015

Transitional provisions

6.—(1) The amendments made to the Town and Country Planning (General Permitted Development) Order 1995(1) (“the General Permitted Development Order”) by this Order do not apply to development specified in paragraph (2) and accordingly, the General Permitted Development Order, in the form in which it existed immediately before the coming into force of this Order, continues to apply in relation to that development.

(2) Development is specified for the purposes of paragraph (1) where it consists of—

(a) a change of use from a use falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order—

(i) to a use permitted by Class C of Part 4 of Schedule 2 to the General Permitted Development Order provided that the change of use is carried out in accordance with the requirements of Class C and the site was approved for use as a state-funded school by the relevant Minister prior to 6th April 2015; or

(ii) to a use permitted by Class D of Part 4 of Schedule 2 to the General Permitted Development Order provided that the change of use is carried out in accordance with the requirements of Class D and the developer has notified (or further notified) the local planning authority under paragraph D.2(a) of Part 4 of that Schedule of the change of use prior to 6th April 2015; or

(b) demolition permitted by Class A of Part 31 of Schedule 2 to the General Permitted Development Order provided that the demolition is carried out in accordance with the requirements of Class A and, in relation to that demolition, a prior approval event occurred before 6th April 2015.

(3) For the purposes of article 6(2)—

“prior approval event” has the meaning given in article 5(d); and

“the Use Classes Order” means the Town and Country Planning (Use Classes) Order 1987(2).

(1)

S.I. 1995/418; Classes C and D of Part 4 of Schedule 2 to that Order were inserted by S.I. 2013/1101 and Class A of Part 31 of that Schedule was amended by S.I. 2013/2147.

(2)

S.I. 1987/764. Relevant amendments were made by S.I. 2005/84.