Good News for Schools Colleges and Hospitals

As in 2010 there was a revision to permitted development “PART 32. 2010 No. 654

Town and Country Planning, England

The Town and Country Planning (General Permitted

Development) (Amendment) (England) Order 2010

Made – - – - 8th March 2010

Laid before Parliament 12th March 2010

Coming into force – - 6th April 2010

The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61(1) and 333 of

the Town and Country Planning Act 1990(a), makes the following Order:

Citation, commencement and application

(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 and shall come into force on 6th April 2010.

(2) This Order applies in relation to England only.

Amendment of the Town and Country Planning (General Permitted Development) Order 1995

“PART 32

Schools, Colleges, Universities And Hospitals

Class A

Permitted development

A The erection, extension or alteration of a school, college, university or hospital building.

Development not permitted

A.1 Development is not permitted by Class A—

  • if the cumulative gross floor space of any buildings erected, extended or altered would exceed—
    • 25% of the gross floor space of the original school, college, university or hospital buildings; or
    • 100 square metres, whichever is the lesser;
  • if any part of the development would be within five metres of a boundary of the curtilage of the premises;
  • if, as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used;
  • if the height of any new building erected would exceed five metres;
  • if the height of the building as extended or altered would exceed—
    • if within ten metres of a boundary of the curtilage of the premises, five metres; or
    • in all other cases, the height of the building being extended or altered;
  • if the development would be within the curtilage of a listed building; or
  • unless—
    • in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education;
    • in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services.

Conditions

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

  • the development must be within the curtilage of an existing school, college, university or hospital;
  • the development shall only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital;
  • any new building erected shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the original school, college, university or hospital buildings; and
  • any extension or alteration shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation

A.3 For the purposes of Class A—

  • where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; and
  • “original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A.

Class B

Permitted development

B Development consisting of—

  • 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
  • the replacement in whole or in part of such a surface.

Development not permitted

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

  • 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;
  • as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used; or
  • the development would be within the curtilage of a listed building.

Conditions

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

  • where there is a risk of groundwater contamination the hard surface shall not be made of porous materials;
  • in all other cases, either—
    • the hard surface shall be made of porous materials, or
    • provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the institution.”

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