The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017

Amendments in relation to the temporary use of land for a state-funded school

5.  In Part 4 of Schedule 2, after Class C insert—

“Class CA – provision of a temporary state-funded school on previously vacant commercial land

Permitted Development

CA.   Development consisting of the provision of temporary school buildings on vacant commercial land and the use of that land as a state-funded school for up to 3 academic years.

Development not permitted

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

(a) the new buildings provided would cover more than 50% of the total area of the site;

(b) the total floor space of the new buildings provided would exceed 2,500 square metres;

(c) the land was last used more than 10 years before the date on which the developer applies for prior approval under paragraph CA.2(1)(b);

(d) the site is, or forms part of—

(i) a site of special scientific interest,

(ii) a safety hazard area, or

(iii) a military explosives storage area;

(e) where any land adjacent to the site is used for a purpose within Part C of the Schedule to the Use Classes Order (residential purposes), any part of any temporary building provided is within 5 metres of the boundary of the curtilage of that residential land; or

(f) the height of any new building provided would exceed 7 metres.

Conditions

CA.2.— (1) Development is permitted by Class CA subject to the following conditions—

(a) the site must be approved for use as a state-funded school by the relevant Minister;

(b) before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to—

(i) transport and highways impacts of the development,

(ii) noise impacts of the development,

(iii) contamination risks of the site,

(iv) flooding risks on the site, and

(v) the siting and design of the development,

and the provisions of sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule apply in relation to that application, subject to the modifications in paragraph CA.2(2);

(c) development under Class CA must begin within a period of 3 years starting with the prior approval date;

(d) the permission is granted for 3 academic years and it may be used only once in relation to a particular site; and

(e) any building is removed from the land at the end of the third academic year or, if earlier, when it is no longer required for use as a state-funded school, and the land is restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(2) Sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule are to be read as if—

(a) in sub-paragraph (2)(a), the words following “proposed development” were omitted;

(b) sub-paragraph (2)(ba) were omitted; and

(c) in sub-paragraph (3), the words “in this Part” were omitted.

Interpretation of Class CA

CA.3.   For the purposes of Class CA—

“academic year”, “relevant Minister” and “state-funded school” have the meanings given in paragraph C.3;

“prior approval date” means the date on which—

(a)

prior approval is given; or

(b)

a determination that such prior approval is not required is given or the period for giving such a determination set out in paragraph W(11)(c) of Part 3 of this Schedule (as applied with modifications by paragraph CA.2(2)) has expired without the applicant being notified whether prior approval is required, given or refused; and

“vacant commercial land” means any land on which—

(a)

all buildings have been demolished; and

(b)

which was last used for a purpose falling within Class B1 (business), Class C1 (hotels), Class C2 (residential institutions), Class C2A (secure residential institutions) or Class D2 (assembly and leisure) of the Schedule to the Use Classes Order or as a school;”.