OpenLegislation

Article 10 Transitional provisionI1

England and Wales

(1)

Paragraph (2) applies where development (“previously permitted development under Class Q”)—

(a)

is permitted under Class Q immediately before 21st May 2024, and

(b)

is, by virtue of any amendment made by article 3, no longer permitted under Class Q on and after 21st May 2024.

(2)

Where this paragraph applies—

(a)

a developer may, notwithstanding the amendments made by article 3, make an application for a determination as to prior approval in relation to previously permitted development under Class Q until the end of 20th May 2025, and

(b)

the amendments made by articles 3 and 5 do not apply in relation to previously permitted development under Class Q in respect of which an application for a determination as to prior approval is made before 21st May 2025 (whether the application is made by virtue of sub-paragraph (a) or otherwise).

(3)

Paragraph (4) applies where development (“previously permitted development under Class A or Class B”)—

(a)

is permitted under Class A or Class B immediately before 21st May 2024, and

(b)

is, by virtue of any amendment made by article 7 or 8, no longer permitted under Class A or Class B (as the case may be) on and after 21st May 2024.

(4)

Where this paragraph applies—

(a)

a developer may, notwithstanding the amendments made by articles 7 and 8—

(i)

carry out previously permitted development under Class A or Class B until the end of 20th May 2025, and

(ii)

make an application for a determination as to prior approval in relation to previously permitted development under Class A or Class B until the end of 20th May 2025, and

(b)

the amendments made by articles 7 and 8 do not apply in relation to previously permitted development under Class A or Class B in respect of which an application for a determination as to prior approval is made before 21st May 2025 (whether the application is made by virtue of sub-paragraph (a)(ii) or otherwise).

(5)

In this article—

(a)

“Class Q” means Class Q of Part 3,

(b)

“Class A” means Class A of Part 6, and

(c)

“Class B” means Class B of Part 6,

of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015.

Annotations

Commencement

I1

Art. 10 in force at 21.5.2024, see art. 1(b)