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

Transitional and saving provision for development which is no longer permitted

5.—(1) This paragraph applies to development (“protected development”) which—

(a) was permitted under a provision of Schedule 2 to the GPDO as the provision had effect immediately before 1st August 2021 (“the previous permission”),

(b) is not permitted under any provision of that Schedule as it has effect on or after 1st August 2021, and

(c) relates to land or a building which, immediately before 1st August 2021, was used for a purpose which made the land or building eligible for the previous permission.

(2) The GPDO has effect in relation to protected development—

(a) until the end of 31st July 2022 as if the amendments made by this Order had not been made, and

(b) after 31st July 2022 and in relation to—

(i) determining any prior approval application made in respect of protected development on or before 31st July 2022;

(ii) determining appeal proceedings related to such an application;

(iii) completing protected development which began, or in respect of which a prior approval application was made, on or before 31st July 2022,

as if the amendments made by this Order had not been made.

(3) Where the GPDO has effect in accordance with sub-paragraph (2), a reference in the GPDO to a use or use class specified in the Use Classes Order is a reference to that Order as it had effect on 30th August 2020.

(4) Where protected development—

(a) consists of a change of use of a building under paragraph I(a) of Class I (industrial and general business conversions) of Part 3 to Schedule 2 to the GPDO as that Class had effect immediately before 1st August 2021, and

(b) results in the building being used for a purpose within sub-paragraph (g) (business uses) of Class E (commercial, business and service) of Schedule 2 to the Use Classes Order,

the building must not, in the absence of further planning permission, be used for any other purpose within Class E.

(5) Where protected development—

(a) consists of a change of use of a building under Class S (agricultural buildings to state-funded school or registered nursery) or T (business, hotels etc to state-funded schools or registered nursery) of Part 3 to Schedule 2 to the GPDO as those Classes had effect immediately before 1st August 2021, and

(b) results in the building being used for a purpose within sub-paragraph (f) (registered nurseries etc) of Class E of Schedule 2 to the Use Classes Order,

the building must not, in the absence of further planning permission, be used for any other purpose within Class E (including another purpose within Class E(f)).