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

Class C – use as a state-funded school for [F1 2 academic years] E+W

Textual Amendments

F1 Words in Sch. 2 Pt. 4 Class C heading substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(a) (with art. 8)

Permitted development E+W

C.  The use of a building and any land within its curtilage as a state-funded school [F2 falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order] for [F3 2 academic years].

Textual Amendments

F2 Words in Sch. 2 Pt. 4 Class C para. C inserted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(2)(a) (with Sch.)

F3 Words in Sch. 2 Pt. 4 Class C para. C substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(a) (with art. 8)

Development not permitted E+W

C.1  Development is not permitted by Class C if—

(a) the existing use of the site is not a class of use specified in [F4 Schedule 1 or 2] to the Use Classes Order;

(b) the site is, or forms part of, a military explosives storage area;

(c) the site is, or forms part of, a safety hazard area;

(d) the building is a listed building or a scheduled monument; or

[F5 (e) the building is used for a purpose falling within [F6 Class F.2 (local community) of Schedule 2 to the Use Classes Order].]

Textual Amendments

F4 Words in Sch. 2 Pt. 4 Class C para. C.1(a) substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(2)(b)(i) (with Sch.)

F5 Sch. 2 Pt. 4 Class C para. C.1(e) substituted (23.5.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(i) (with art. 5)

F6 Words in Sch. 2 Pt. 4 Class C para. C.1(e) substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(2)(b)(ii) (with Sch.)

Conditions E+W

C.2  Development is permitted by Class C subject to the following conditions—

(a) the site must be approved for use as a state-funded school by the relevant Minister;

(b) the relevant Minister must notify the local planning authority of the approval and of the proposed opening date of the school;

(c) the site is to be used as a state-funded school and for no other purpose, including any other purpose falling within [F7 Class F.1(a) (provision of education) of Schedule 2] to the Use Classes Order, except to the extent that the other purpose is ancillary to the primary use of the site as a state-funded school;

[F8 (d) the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site;] F9 ...

[F10 (da) for the purposes of the Use Classes Order as it applies to Class T of Part 3 of Schedule 2 to this Order, during the period of use as a state-funded school the building and any land within its curtilage retains the use class it had before changing to the use as a state-funded school;

(db) for the purposes of Class S of Part 3 of Schedule 2 to this Order, during the period of use as a state-funded school the building and any land within its curtilage retains the use as an agricultural building before changing to the use as a state-funded school; and]

[F11 (e) the site reverts to its previous lawful use at the end of the second academic year or when it is no longer required for use as a state-funded school, whichever is earlier; and]

F12 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Sch. 2 Pt. 4 Class C para. C.2(c) substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 5(2)(c) (with Sch.)

F8 Sch. 2 Pt. 4 Class C para. C.2(d) substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(b) (with art. 8)

F9 Word in Sch. 2 Pt. 4 Class C para. C.2(d) omitted (25.5.2019) by virtue of The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 10(a)

F10 Sch. 2 Pt. 4 Class C para. C.2(da)(db) inserted (25.5.2019) by The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 10(b)

F11 Sch. 2 Pt. 4 Class C para. C.2(e) substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(c) (with art. 8)

F12 Sch. 2 Pt. 4 Class C para. C.2(f) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(ii) (with art. 5)

Interpretation of Class C E+W

C.3  For the purposes of Class C—

“academic year” means any period beginning with 1st August and ending with the next 31st July;

F13 ...

F13 ...

F13 ...

“relevant Minister” means the Secretary of State with policy responsibility for schools;

“state-funded school” means a school funded wholly or mainly from public funds, including—

(a)

an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010;

(b)

a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998;

F13 ...

F13 ...

Textual Amendments

F13 Words in Sch. 2 Pt. 4 Class C para. C.3 omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(iii) (with art. 5)