Changes to Need for Planning Permission

Prior Notification – Class K (PNK): Part 3, Schedule 2

From 30 May 2013, Class K, Part 3 will be inserted into the Town and Country Planning General Permitted Development Order 1995 (As Amended). This allows, subject to certain land designations (being outside a safety hazard area and not being listed) and prior notification to the local planning authority, the change of use of a building and any land within its curtilage to use as a state-funded school, from a use falling within Classes B1 (business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure).

The change of use is subject to the condition that before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to:

  • Transport and highways impacts of the development
  • Noise impacts of the development
  • Contamination risks of the site

To determine any prior approval application, the developer/applicant is required to submit details of the proposal, site and any other information deemed necessary for the local planning authority to assess the potential transport, highway and noise impacts and contamination risks.

On receipt of all necessary information, the local planning authority will notify adjoining occupiers/owners or display a site notice; and consult the relevant highway authority (to determine transport and highway impacts and the Environment Health Department (for an assessment of potential noise impacts). This consultation process will not be less than 21 days.

When assessing an application, the local planning authority will take account of any representation made and have regard to the National Planning Policy Framework. In relation to contamination risks, if it is determined that the site is contaminated land, prior approval will be refused.

The applicants are advised the development shall not be begun before they have received:

  • Written notice from the local planning authority that prior approval is not required,
  • Written notice from the local planning authority giving their prior approval, or
  • The expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

The development must be carried out in accordance with the details approved (where prior approval is required), or in accordance with the detail provided with the notification submission (unless the local planning authority and the developer agreed otherwise).

Applicants are advised the prior approval process does not include the issuing of a Certificate of Lawful Development. If applicants want formal confirmation that the works are permitted development, it is still be necessary to submit an application for a Certificate of Lawful Development.

What information do I need to submit a notification application?

Application for Prior Notification of Class K - change of use to a state funded school (Town and Country Planning General Permitted Development Order 1995 (As Amended) Class K, Part 3, Schedule 2)

Before beginning the development, the applicant/developer shall provide the following information to the local planning authority:

1. Developer's Contact Details

  • Name
  • Contact address (house number, street name, town, county, post code)
  • Contact phone number
  • Email
  • address (if the developer is content to receive communications electronically)

2. Written description of the proposed development

3. Details/plan of site and development

If the local planning authority considers the information submitted is insufficient to assess this impact, they may ask for more information. To avoid any possible delays, it is recommended you submit the following information at this initial notification stage:

  • A plan which identifies the land to which the application relates drawn to an identified scale and showing the direction of North
  • A plan showing the proposed development:
    • Existing and proposed block plan of the site (e.g. at a scale of 1:500, or 1:200 or 1:100)
    • Existing and proposed floor plans (e.g. at a scale of 1:100 or 1:50)

4. Assessment of impacts

Given the local planning authority has only 56 days to determine such applications, it is imperative to ensure all necessary information is submitted with the original notification to enable the local planning authority assess the potential highway and noise impacts, and contamination risks. Any application should be supported with an assessment of the impacts or risks; and include a statement setting out how impacts or risks are to be mitigated.

Highways risks

Please contact Development Control Team to determine the level of information required. Depending on the scale of the development and its location, this may include

  • School Travel Plan
  • Transport statement
  • Parking surveys
  • Zig Zag proposals: Applicants need to apply to the Highway Authority for any school zig zag and guard railing proposals in front of pedestrian accesses. This will be contentious if it results in the loss of residential parking bays.  Any guard railing needs to be set 0.45m back from the kerb line.

Noise impacts

Please contact the Environmental Health Team on 01702 215005 to determine the level of information required.  Depending on the scale of the development and its location, this may include:

  • Noise impact assessment
  • Details of plant - proposed noise output levels and existing background noise levels.

Page last updated: 06/03/2018