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

Amendments in relation to changes of use

3.  In Part 3 of Schedule 2 (changes of use)—

(a) after Class A(1) insert—

“Development not permitted

A.1.   Development is not permitted by Class A during the specified period if the building is a specified building.

Conditions

A.2.— (1) In the case of a building which is not a community asset, which is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order(2), development is permitted by Class A subject to the following conditions.

(2) Before beginning the development the developer shall send a written request to the local planning authority as to whether the building has been nominated, which must include—

(a) the address of the building;

(b) the developer’s contact address; and

(c) the developer’s email address if the developer is content to receive communications electronically.

(3) If the building is nominated, whether at the date of request under paragraph A.2(2) or on a later date, the local planning authority must notify the developer as soon as is reasonably practicable after it is aware of the nomination, and on notification development is not permitted for the specified period.

(4) The development shall not begin before the expiry of a period of 56 days following the date of request under paragraph A.2(2) and must be completed within a period of 1 year of the date of that request.

Interpretation of Class A

A.3.   For the purposes of Class A—

“community asset” means a building which has been entered onto a list of assets of community value, including any building which has been subsequently excluded from that list under regulation 2(b) of the Assets of Community Value (England) Regulations 2012(3);

“list of assets of community value” means a list of land of community value maintained by a local authority under section 87(1) of the Localism Act 2011(4);

“nomination” means a nomination made under section 89(2) of the Localism Act 2011 for a building to be included in a list of assets of community value and “nominated” is to be interpreted accordingly;

“specified building” means a building used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order—

(a)

which is a community asset; or

(b)

in respect of which the local planning authority has notified the developer of a nomination under paragraph A.2(3);

“specified period” means—

(a)

in relation to a building which is subject to a nomination of which the local planning authority have notified the developer under paragraph A.2(3), the period from the date of that notification to the date on which the building is entered onto—

(i)

a list of assets of community value; or

(ii)

a list of land nominated by unsuccessful community nominations under section 93 of the Localism Act 2011;

(b)

in relation to a building which is a community asset—

(i)

5 years beginning with the date on which the building was entered onto the list of assets of community value; or

(ii)

where the building was removed from that list—

(aa)

under regulation 2(c) of the Assets of Community Value (England) Regulations 2012 following a successful appeal against listing or because the local authority no longer consider the land to be land of community value; or

(bb)

under section 92(4)(a) of the Localism Act 2011 following the local authority’s decision on a review that the land concerned should not have been included in the local authority’s list of assets of community value,

the period from the date on which the building was entered onto the list of assets of community value to the date on which it was removed from that list.”

(b) after Class AA(5) insert—

“Development not permitted

AA.1.   Development is not permitted by Class AA during the specified period if the building is a specified building.

Conditions

AA.2.   In the case of a building which is not a community asset, which is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order, development is permitted by Class AA subject to the conditions set out in paragraphs A.2(2) to (4).

Interpretation of Class AA

AA.3.   For the purposes of Class AA, “community asset”, “specified building” and “specified period” have the meaning given in paragraph A.3.”; and

(c) after Class C(6) insert—

“Development not permitted

C.1.   Development is not permitted by Class C during the specified period if the building is a specified building.

Conditions

C.2.   In the case of a building which is not a community asset, which is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order, development is permitted by Class C subject to the conditions set out in paragraphs A.2(2) to (4).

Interpretation of Class C

C.3.   For the purposes of Class C, “community asset”, “specified building” and “specified period” have the meaning given in paragraph A.3.”.

(1)

Class A of Part 3 was substituted by S.I. 2005/85.

(2)

Class A4 was inserted into the Schedule to the Use Classes Order by S.I. 2005/84.

(3)

S.I. 2012/2421.

(4)

2011 c.20.

(5)

Class AA was inserted into Part 3 by S.I. 2005/85.

(6)

Class C of Part 3 was amended by S.I. 2005/85.