Statutory Instruments
2010 No. 653
Town And Country Planning, England
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010
Made
8th March 2010
Coming into force
6th April 2010
The Secretary of State, in exercise of the powers conferred by sections 55(2)(f) and 333(7) of the Town and Country Planning Act 1990( 1 ), makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Town and Country Planning (Use Classes) (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 (Use Classes) Order 1987
2. —(1)The Town and Country Planning (Use Classes) Order 1987( 2 ) is amended as follows.
(2) In Part C of the Schedule, after Class C2 insert—
Class C2A. Secure residential institutions
Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks. ” .
(3) In Part C of the Schedule, for Class C3 substitute—
Class C3. Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence) by—
(a) a single person or by people to be regarded as forming a single household;
(b) not more than six residents living together as a single household where care is provided for residents; or
(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).
Interpretation of Class C3
For the purposes of Class C3(a) “ single household ” shall be construed in accordance with section 258 of the Housing Act 2004 ( 3 ) . ”
(4) In Part C of the Schedule, after Class C3 insert—
Class C4. Houses in multiple occupation
Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.
Interpretation of Class C4
For the purposes of Class C4 a “ house in multiple occupation ” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004. ” .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
8th March 2010
1990 c.8 ; to which there are amendments not relevant to this Order. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 ; see the entry in Schedule 1 for the Town and Country Planning Act 1990 (c.8) as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 ( S.I. 2000/ 253 ). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32) , they were transferred to the Welsh Ministers.
S.I.1987/764 ; relevant amendments were made by S.I.1994/724 and S.I.2006/1282 .
2004 c.34 . Section 254 of the Housing Act 2004 is also relevant.