The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, in relation to England, the Town and Country Planning (General Permitted Development) Order 1995 (“the General Permitted Development Order”). The Order makes a number of amendments to Parts 3, 4 and 31 of Schedule 2 to the General Permitted Development Order. These amendments provide, in relation to certain developments permitted under those Parts, that during a specified period such development is not permitted in relation to a specified building.

The development is:

• change of use permitted by Classes A, AA and C of Part 3 of Schedule 2 to the General Permitted Development Order;

• temporary change of use permitted by Classes C and D of Part 4 of Schedule 2 to that Order;

• demolition permitted by Class A of Part 31of Schedule 2 to that Order.

A specified building is a building used for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Town and Country Planning (Use Classes) Order 1987:

• which has been entered onto a list of assets of community value maintained by a local authority under section 89(2) of the Localism Act 2011, even if it is later excluded from that list following a relevant disposal under regulation 2(b) of the Assets of Community Value (England) Regulations 2012; or

• in respect of which the local planning authority has notified the developer of a nomination made under section 89(2) of the Localism Act 2011 for a building to be included in a list of assets of community value.

The specified period is:

• in relation to a building which is included in a list of assets of community value, 5 years from the date on which the building was entered onto the list, or, if earlier, the date on which it was removed from the list under regulation 2(c) of the Assets of Community Value (England) Regulations 2012, or section 94(2)(a) of the Localism Act 2011; or

• in relation to a building which has been nominated for inclusion in a list of assets of community value, the period from the date on which the local planning authority notifies the developer of that nomination to the date on which the building is entered onto a list of assets of community value or a list of land nominated by unsuccessful community nominations under section 93 of the Localism Act 2011.

Article 3 makes these amendments in relation to certain changes of use permitted by Part 3 of Schedule 2 to the General Permitted Development Order.

Article 4 makes these amendments in relation to certain temporary changes of use permitted by Part 4 of Schedule 2 to the General Permitted Development Order.

Article 5 makes these amendments in relation to the demolition of a building permitted by Part 31 of Schedule 2 to the General Permitted Development Order.

Article 6 makes transitional provision in relation to certain buildings which are in the process of converting to a temporary use permitted by Classes C or D of Part 4 of Schedule 2 to the General Permitted Development Order, or of demolition permitted by Class A of Part 31 of Schedule 2 to that Order.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.