Textual Amendments
F1Sch. 2 Pt. 3 Class JA 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), 6
JA.2(1). Where the development proposed is development under Class JA, 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)whether it is undesirable for the building to change use to a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order because of the impact of the change of use—
(i)on adequate provision of services of the sort that may be provided by a building falling within Class A1 (shops), Class A2 (financial and professional services) or Class A5 (hot food takeaway) of that Schedule or, as the case may be, as a launderette, but only where there is a reasonable prospect of the building being used to provide such services; or
(ii)where the building is located in a key shopping area, on the sustainability of that shopping area; and
(c)impacts of noise from commercial and retail premises on the intended occupiers of the development; and
the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
(2) Development under Class JA is permitted subject to the condition that—
(a)development must be completed within a period of 3 years starting with the prior approval date; and
(b)a building which has changed use under Class JA is to be used as an office within the meaning of Class B1(a) (offices) 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 an office.]