Article 6 Amendments to Part 7 of Schedule 2I1

England and Wales

(1)

Part 7 (non-domestic extensions, alterations etc) of Schedule 2 is amended as follows.

(2)

In Class A (extensions etc of shops or financial or professional premises)—

(a)

in the heading, for “shops or financial or professional premises” substitute “commercial, business or service premises”;

(b)

in paragraph A (permitted development), for “shop or financial or professional services” substitute “commercial, business or service”;

(c)

in paragraph A.1 (development not permitted)—

(i)

in sub-paragraph (c)(i)(aa), for “the Schedule” substitute “Schedule 1”;

(ii)

in sub-paragraph (g), for “an existing shop front” substitute “the front of any existing building”;

(d)

in sub-paragraph (c) of A.2 (conditions), for “shop or financial or professional services” substitute “commercial, business or service”;

(e)

in paragraph A.3 (interpretation of Class A), for the definitions of “raised platform” and “shop or financial or professional services establishment” substitute—

““commercial, business or service premises” means a building, or part of a building, used for any purpose within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended;

“raised platform” means a platform with a height greater than 0.3 metres,”.

(3)

In the definition of “shop” in each of—

(a)

paragraph B.3 (interpretation of Class B) of Class B (construction of shop trolley stores),

(b)

paragraph C.3 (interpretation of Class C) of Class C (click and collect facilities), and

(c)

paragraph D.3 (interpretation of Class D) of Class D (modification of shop loading bays),

for “Class A1 (shops) of the Schedule” substitute “Class E(a) (display or retail sale of goods other than hot food) of Schedule 2”.

(4)

In Class E (hard surfaces for shops, catering or financial or professional premises)—

(a)

in the heading, for “shops, catering or financial or professional premises” substitute “commercial, business or service etc premises”;

(b)

in paragraph E (permitted development), for sub-paragraph (a) substitute—

“(a)
the provision of a hard surface within the curtilage of a building used for a purpose falling within one of the following provisions of the Use Classes Order—

(i)
article 3(6)(p) (drinking establishments etc);

(ii)
article 3(6)(q) (drinking establishment with expanded food provision);

(iii)
article 3(6)(r) (hot food takeaway); or

(iv)
Class E (commercial, business and service) of Schedule 2; or”;

(c)

omit paragraph E.3 (interpretation of Class E).

(5)

Omit Class F (extensions etc of office buildings).

(6)

Omit Class G (hard surfaces for office buildings).

(7)

In Class M (extensions etc for schools, colleges, universities, prisons and hospitals), in sub-paragraph (a)(i) of paragraph M.1 (development not permitted), after “school,” insert “college,”.

(8)

In paragraph O (interpretation of Part 7)—

(a)

in the definition of “office building”, for “Class B1(a) of the Schedule” substitute “Class E(g)(i) of Schedule 2”;

(b)

in the definition of “school”, in each of sub-paragraph (a) and (b) omit “or registered nursery”;

(c)

in the definition of “warehouse”, for “the Schedule” substitute “Schedule 1”.

Annotations

Commencement

I1: Art. 6 in force at 1.8.2021, see art. 1(1)