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SCHEDULE 2E+WPermitted development rights

PART 4E+WTemporary buildings and uses

Class D – [F1commercial, business and service etc to temporary flexible use]E+W

Textual Amendments

Permitted developmentE+W

D.  Development consisting of a change of use of a building and any land within its curtilage—

[F2(a)from a use falling within one of the following provisions of the Use Classes Order—

(i)article 3(6)(n) (betting office);

(ii)article 3(6)(o) (pay day loan shop);

(iii)article 3(6)(r) (hot food takeaway); or

(iv)Class E (commercial, business and service) of Schedule 2,

(b)to a flexible use falling within one of the following provisions of Schedule 2 to that Order—

(i)Class E (commercial, business and service);

(ii)Class F.1(b) (display of art);

(iii)Class F.1(c) (museum);

(iv)Class F.1(d) (public library or public reading room); or

(v)Class F.1(e) (public hall or exhibition hall),]

Textual Amendments

for a single continuous period of up to [F33 years] beginning on the date the building and any land within its curtilage begins to be used for the flexible use or on the date given in the notice under paragraph D.2(a), whichever is the earlier.

Textual Amendments

Development not permittedE+W

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

(a)the change of use relates to more than 150 square metres of floor space in the building;

(b)the site has at any time in the past relied upon the permission granted by Class D;

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

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

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

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

ConditionsE+W

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

(a)the developer must notify the local planning authority of the date the site will begin to be used for one of the flexible uses, and what that use will be, before the use begins;

(b)at any given time during the [F53 year] period referred to in Class D the site is used for a purpose or purposes falling within just one of the use classes comprising the flexible use;

(c)the site may at any time during the [F63 year] period change use to a use falling within one of the other use classes comprising the flexible use, subject to further notification as provided in paragraph (a);

(d)for the purposes of the Use Classes Order and this Order, during the period of flexible use the site retains the use class it had before changing to any of the flexible uses under Class D;

(e)the site reverts to its previous lawful use at the end of the period of flexible use;

F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interpretation of Class DE+W

D.3  For the purposes of Class D—

Textual Amendments