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

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Amendments to Part 4 of Schedule 2

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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”.

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