SCHEDULE 2Permitted development rights

PART 4Temporary buildings and uses

Class C – use as a state-funded school for F12 academic years

Annotations:
Amendments (Textual)

Permitted developmentC

The use of a building and any land within its curtilage as a state-funded school for F22 academic years.

Development not permittedC

Development is not permitted by Class C if—

a

the existing use of the site is not a class of use specified in the Schedule 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

F5e

the building is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order, including a purpose as described in Class AA (drinking establishments with expanded food provision) of Part 3 of Schedule 2 to this Order.

ConditionsC

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 Class D1 (non-residential institutions) of the Schedule 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;

F3d

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

F8da

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

F4e

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

F6f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class CC

For the purposes of Class C—

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

  • F7...

  • F7...

  • F7...

  • “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—

    1. a

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

    2. b

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

  • F7...

  • F7...