The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021

Amendments to Part 4 of Schedule 2 E+W

5.—(1) Part 4 (temporary buildings and uses) of Schedule 2 is amended as follows.

(2) In Class C (use as a state-funded school for 2 academic years)—

(a) in paragraph C (permitted development) after “state-funded school” insert “falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order”;

(b) in paragraph C.1 (development not permitted)—

(i) in sub-paragraph (a), for “the Schedule” substitute “Schedule 1 or 2”;

(ii) in sub-paragraph (e), for the words from “Class A4” to the end substitute “Class F.2 (local community) of Schedule 2 to the Use Classes Order”;

(c) in sub-paragraph (c) of paragraph C.2 (conditions), for “Class D1 (non-residential institutions) of the Schedule” substitute “Class F.1(a) (provision of education) of Schedule 2”.

(3) In Class CA (provision of a temporary state-funded school on previously vacant commercial land)—

(a) in paragraph CA (permitted development), after “state-funded school” insert “falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order”;

(b) in the definition of “vacant commercial land” in paragraph CA.3 (interpretation of Class CA), for sub-paragraph (b) substitute—

“(b) which was last used for a purpose falling within one of the following provisions of the Use Classes Order—

(i) Class C1 (hotels) of Schedule 1;

(ii) Class C2 (residential institutions) of Schedule 1;

(iii) Class C2A (secure residential institutions) of Schedule 1;

(iv) Class E (commercial, business and service) of Schedule 2.”.

(4) In Class D (shops, financial, cafes, takeaways etc to temporary flexible use)—

(a) for the heading substitute “commercial, business and service etc to temporary flexible use”;

(b) in paragraph D (permitted development), for sub-paragraphs (a) and (b) substitute—

“(a) from a use falling within one of the following provisions of the Use Classes Order—

(i) article 3(6)(n) (betting office);

(ii) article 3(6)(o) (pay day loan shop);

(iii) article 3(6)(r) (hot food takeaway); or

(iv) Class E (commercial, business and service) of Schedule 2,

(b) to a flexible use falling within one of the following provisions of Schedule 2 to that Order—

(i) Class E (commercial, business and service);

(ii) Class F.1(b) (display of art);

(iii) Class F.1(c) (museum);

(iv) Class F.1(d) (public library or public reading room); or

(v) Class F.1(e) (public hall or exhibition hall),”.

(5) In Class DA (restaurants etc to temporarily provide takeaway food)—

(a) in paragraph DA (permitted development)—

(i) for paragraphs (i) and (ii) of sub-paragraph (a), substitute—

“(i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;

(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or

(iii) Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or”;

(ii) in sub-paragraph (b), for “that Class A3 and Class A4;” substitute “article 3(6)(p) and Class E(b),”;

(iii) at the end of sub-paragraph (b), omit “or”;

(iv) omit sub-paragraph (c);

(b) in paragraph DA.2 (interpretation of Class DA), for “Class A5 of the Schedule to” substitute “article 3(6)(r) of”.

Commencement Information

I1 Art. 5 in force at 1.8.2021, see art. 1(1)