The Town and Country Planning (General Permitted Development) (England) Order 2015

Class C – use as a state-funded school for a single academic year E+W

Permitted development E+W

C.   The use of a building and any land within its curtilage as a state-funded school for a single academic year.

Development not permitted E+W

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

(e) the building is a specified building and the development is undertaken during the specified period, regardless of whether any approval or notification has been given in accordance with paragraphs C.2(a) or (b).

Conditions E+W

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;

(d) the permission is granted for one academic year and it may be used only once in relation to a particular site;

(e) the site reverts to its previous lawful use at the end of the academic year; and

(f) in the case of a building which is not a community asset, which is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order—

(i) before beginning the development the developer must send a written request to the local planning authority as to whether the building has been nominated, which must include;

(aa) the address of the building;

(bb) the developer's contact address; and

(cc) the developer's email address if the developer is content to receive communications electronically;

(ii) if the building is nominated, whether at the date of request under paragraph (f)(i) or on a later date, the local planning authority must notify the developer as soon as is reasonably practicable after it is aware of the nomination, and on notification development is not permitted for the specified period;

(iii) the development must not begin before the expiry of a period of 56 days following the date of request under paragraph (f)(i) and must be completed within a period of 1 year of the date of that request.

Interpretation of Class C E+W

C.3  For the purposes of Class C—

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

“community asset” means a building which has been entered onto a list of assets of community value, including any building which has been subsequently excluded from that list under regulation 2(b) of the Assets of Community Value (England) Regulations 2012 M1 ;

“list of assets of community value” means a list of land of community value maintained by a local authority under section 87(1) of the Localism Act 2011 M2 ;

“nomination” means a nomination made under section 89(2) of the Localism Act 2011 for a building to be included in a list of assets of community value and “nominated” is to be interpreted accordingly;

“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;

“specified building” means a building used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order—

(a)

which is a community asset; or

(b)

in relation to which the local planning authority has notified the developer of a nomination under paragraph C.2(f)(ii); and

“specified period” means—

(a)

in relation to a building which is subject to a nomination of which the local planning authority have notified the developer under paragraph C.2(f)(ii), the period from the date of that notification to the date on which the building is entered onto—

(i)

a list of assets of community value; or

(ii)

a list of land nominated by unsuccessful community nominations under section 93 of the Localism Act 2011;

(b)

in relation to a building which is a community asset—

(i)

5 years beginning with the date on which the building was entered onto the list of assets of community value; or

(ii)

where the building was removed from that list—

(aa)

under regulation 2(c) of the Assets of Community Value (England) Regulations 2012 following a successful appeal against listing or because the local authority no longer consider the land to be land of community value; or

(bb)

under section 92(4)(a) of the Localism Act 2011 following the local authority's decision on a review that the land concerned should not have been included in the local authority's list of assets of community value,

the period from the date on which the building was entered onto the list of assets of community value to the date on which it was removed from that list.

Marginal Citations

M1 S.I. 2012/2421.

M2 2011 c.20.