Class C – use as a state-funded school for [2 academic years] E+W
Permitted developmentE+W
C. The use of a building and any land within its curtilage as a state-funded school [falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order] for [2 academic years].
Development not permittedE+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 [Schedule 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
[(e)the building is used for a purpose falling within [Class F.2 (local community) of Schedule 2 to the Use Classes Order].]
ConditionsE+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 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;
[(d)the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site;] ...
[(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]
[(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]
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Class CE+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;
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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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