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O. Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule.
O.1 Development is not permitted by Class O if—
(a)the building is on article 2(5) land;
(b)the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order—
(i)on 29th May 2013, or
(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use;
(c)the use of the building falling within Class C3 (dwellinghouses) of that Schedule was begun after 30th May 2016;
(d)the site is, or forms part of, a safety hazard area;
(e)the site is, or forms part of, a military explosives storage area;
(f)the building is a listed building or is within the curtilage of a listed building; or
(g)the site is, or contains, a scheduled monument.
O.2 Development under Class O is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
(a)transport and highways impacts of the development;
(b)contamination risks on the site; and
(c)flooding risks on the site,
and the provisions of paragraph W (prior approval) apply in relation to that application.
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