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SCHEDULE 2E+WPermitted development rights

PART 7E+WNon-domestic extensions, alterations etc

Class N – hard surfaces for schools, colleges, universities or hospitalsE+W

Permitted developmentE+W

N.  Development consisting of—

(a)the provision of a hard surface within the curtilage of any school, college, university or hospital to be used for the purposes of that school, college, university or hospital; or

(b)the replacement in whole or in part of such a surface.

Development not permittedE+W

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

(a)the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres;

(b)as a result of the development, any land used as a playing field at any time in the 5 years before the development commenced and remaining in this use could no longer be so used; or

(c)the development would be within the curtilage of a listed building.

ConditionsE+W

N.2  Development is permitted by Class N subject to the following conditions—

(a)where there is a risk of groundwater contamination, the hard surface is not made of porous materials; and

(b)in all other cases, either—

(i)the hard surface is made of porous materials, or

(ii)provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the institution.

Interpretation of Part 7E+W

O.  For the purposes of Part 7—

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine;

“office building” means a building used for any purpose within [F1Class E(g)(i) of Schedule 2] to the Use Classes Order (offices);

“registered nursery” and “state-funded school” have the meanings given in paragraph X of Part 3 of this Schedule (changes of use);

“school”—

(a)

includes a building permitted by Class C of Part 4 (temporary buildings and uses) to be used temporarily as a school, from the date the local planning authority is notified as provided in paragraph C.2(b) of Part 4;

(b)

except in Class M (extensions etc for schools), includes premises which have changed use under Class S of Part 3 of this Schedule (changes of use) to become a state-funded school F2...; and

(c)

includes premises which have changed use under Class T of Part 3 of this Schedule (changes of use) to become a state-funded school F2...; and

“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of [F3Schedule 1] to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.

Textual Amendments