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M.2—(1) Where the development proposed is development under Class M(a) together with development under Class M(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
(a)transport and highways impacts of the development,
(b)contamination risks in relation to the building,
(c)flooding risks in relation to the building,
(d)whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use—
[F2(i)on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, but only where there is a reasonable prospect of the building being used to provide such services,]
F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the design or external appearance of the building [F4, and]
[F5(f)the provision of adequate natural light in all habitable rooms of the dwellinghouses,]
and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(2) Where the development proposed is development under Class M(a) only, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (d) [F6and (f),] and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(3) Development under Class M is permitted subject to the condition that—
(a)development under Class M(a), and under Class M(b), if any, must be completed within a period of 3 years starting with the prior approval date; F7...
(b)a building which has changed use under Class M is to be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as such a dwellinghouse [F8; and]
[F8(c)where the proposed development includes a change of use of a building from a use falling within Class A1 or Class A2 of the Use Classes Order, the developer must apply for a determination under sub-paragraph (1) or (2) on or before 31 July 2021].]
Textual Amendments
F1Sch. 2 Pt. 3 Class M para. M and cross-heading substituted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 6(2)
F2Sch. 2 Pt. 3 Class M para. M.2(1)(d)(i) 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), 4(15)(d)(i) (with Sch.)
F3Sch. 2 Pt. 3 Class M para. M.2(1)(d)(ii) omitted (1.8.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 4(15)(d)(ii) (with Sch.)
F4Word in Sch. 2 Pt. 3 Class M para. M.2(1)(e) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 13(b) (with reg. 27)
F5Sch. 2 Pt. 3 Class M para. M.2(1)(f) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 13(c) (with reg. 27)
F6Words in Sch. 2 Pt. 3 Class M para. M.2(2) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 13(d) (with reg. 27)
F7Word in Sch. 2 Pt. 3 Class M para. M.2(3)(a) omitted (21.4.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 5(a) (with art. 15(3))
F8Sch. 2 Pt. 3 Class M para. M.2(3)(c) and word inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 5(b) (with art. 15(3))
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