Class C – use as a state-funded school for [F12 academic years] E+W
Textual Amendments
F1Words in Sch. 2 Pt. 4 Class C heading substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(a) (with art. 8)
Permitted developmentE+W
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].
Textual Amendments
F2Words in Sch. 2 Pt. 4 Class C para. C inserted (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), 5(2)(a) (with Sch.)
F3Words in Sch. 2 Pt. 4 Class C para. C substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(a) (with art. 8)
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 [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].]
Textual Amendments
F4Words in Sch. 2 Pt. 4 Class C para. C.1(a) 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), 5(2)(b)(i) (with Sch.)
F5Sch. 2 Pt. 4 Class C para. C.1(e) substituted (23.5.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(i) (with art. 5)
F6Words in Sch. 2 Pt. 4 Class C para. C.1(e) 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), 5(2)(b)(ii) (with Sch.)
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 [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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Words in Sch. 2 Pt. 4 Class C para. C.2(c) 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), 5(2)(c) (with Sch.)
F8Sch. 2 Pt. 4 Class C para. C.2(d) substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(b) (with art. 8)
F9Word in Sch. 2 Pt. 4 Class C para. C.2(d) omitted (25.5.2019) by virtue of The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 10(a)
F10 Sch. 2 Pt. 4 Class C para. C.2(da)(db) inserted (25.5.2019) by The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 10(b)
F11Sch. 2 Pt. 4 Class C para. C.2(e) substituted (6.4.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017 (S.I. 2017/391), arts. 1, 4(c) (with art. 8)
F12Sch. 2 Pt. 4 Class C para. C.2(f) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(ii) (with art. 5)
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;
F13...
F13...
F13...
“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—
an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010;
a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998;
F13...
F13...
Textual Amendments
F13Words in Sch. 2 Pt. 4 Class C para. C.3 omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 3(2)(a)(iii) (with art. 5)