SCHEDULE 2Permitted development rights

PART 4Temporary buildings and uses

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

Permitted development

C.

The use of a building and any land within its curtilage as a state-funded school F2falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order for F32 academic years.

Development not permitted

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 F4Schedule 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 F6Class F.2 (local community) of Schedule 2 to the Use Classes Order.

Conditions

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 F7Class 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)

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Interpretation of Class C

C.3

For the purposes of Class C—

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

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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;

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