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

Interpretation of Class B

B.3  For the purposes of Class B—

“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(1);

“excluded demolition” means demolition—

(a)

on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part 3 of the Act (control over development),

(b)

permitted to be carried out by a consent under Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 (scheduled monument consent)(2),

(c)

permitted to be carried out by a consent under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listed building consent)(3),

(d)

required or permitted to be carried out by or under any other enactment, or

(e)

required to be carried out by virtue of a relevant obligation;

“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;

“prior approval event” means, in relation to a particular development—

(a)

the giving of prior approval by the local planning authority in relation to the matters in paragraph B.2(b)(i)(aa);

(b)

a determination that such approval is not required to be given, or

(c)

the expiry of the period for giving such a determination without the applicant being notified whether prior approval is required, given or refused;

“relevant obligation” means—

(a)

an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);

(b)

a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 (planning obligations)(5), or under section 299A of the Act (Crown planning obligations)(6);

(c)

an obligation arising under, or under an agreement made under, any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act;

“site notice” means a notice containing—

(a)

the name of the applicant,

(b)

a description, including the address, of the building or buildings which it is proposed to be demolished,

(c)

a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site,

(d)

the date on which the applicant proposes to carry out the demolition, and

(e)

the name and address of the local planning authority,

and which is signed and dated by or on behalf of the applicant;

“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 relation to which the local planning authority has notified the developer of a nomination under paragraph B.2(b)(vi); and

“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 B.2(b)(vi), 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.

(1)

S.I. 2012/2421.

(2)

1979 c. 46; see in particular sections 2 to 4, relevant amendments to which are made by section 33 of, and Schedule 4 to, the National Heritage Act 1983 (c. 47) and Schedule 2 to the Planning Act 2008 (c. 29).

(3)

1990 c. 9; see in particular sections 7, 8 and 18, relevant amendments to which are made by section 51 of the Planning and Compulsory Purchase Act 2004 (c. 5) and Schedule 2 to the Planning Act 2008, S.I. 2001/24. Those sections are modified in relation to buildings in conservation areas by S.I. 1990/1519.

(4)

2011 c.20.

(5)

1991 c. 34. Section 106 of the Act was amended by section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 and Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).

(6)

Section 299A was repealed by Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c.5).