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SCHEDULE 2E+WPermitted development rights

PART 4E+WTemporary buildings and uses

Class C – use as a state-funded school for [F12 academic years] E+W

Textual Amendments

Permitted developmentE+W

C.  The use of a building and any land within its curtilage as a state-funded school for [F22 academic years].

Textual Amendments

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 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

[F3(e)the building is used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order, including a purpose as described in Class AA (drinking establishments with expanded food provision) of Part 3 of Schedule 2 to this Order.]

Textual Amendments

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 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;

[F4(d)the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site;] F5...

[F6(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]

[F7(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]

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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;

F9...

F9...

F9...

“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;

F9...

F9...

Textual Amendments