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- Point in Time (21/04/2021)
- Original (As made)
Version Superseded: 01/08/2021
Point in time view as at 21/04/2021.
There are currently no known outstanding effects for the The Town and Country Planning (General Permitted Development) (England) Order 2015, Cross Heading: Class C – use as a state-funded school for 2 academic years .
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Textual Amendments
F1Words 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)
C. The use of a building and any land within its curtilage as a state-funded school for [F22 academic years].
Textual Amendments
F2Words 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)
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 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
[F3(e)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.]
Textual Amendments
F3Sch. 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)
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 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;
[F4(d)the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site;] F5...
[F6(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]
[F7(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]
F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 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)
F5Word 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)
F6 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)
F7Sch. 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)
F8Sch. 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)
C.3 For the purposes of Class C—
“academic year” means any period beginning with 1st August and ending with the next 31st July;
F9...
F9...
F9...
“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—
an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010;
a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998;
F9...
F9...
Textual Amendments
F9Words 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)
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