Permitted development

Find out if your proposal is likely to need a planning application or if it’s a permitted development

Schools development

School development comes under:

Part 7

All schools can benefit from permitted development rights under:

  • Part 7: Class M, which covers the erection, extension or alteration of a school, college, university or hospital building
  • Part 7: Class N, which covers hard surfaces for schools, colleges, universities or hospitals

Part 12

Voluntary controlled and community schools qualify for permitted development rights under Part 12 if they’re on local authority owned or maintained land.

To qualify under part 12, a development must relate to a function of Essex County Council. For example, operations, curriculum, security or access. If the development is for other purposes – such as a Parent Teacher Association building or a private nursery – it will not usually qualify.

Voluntary aided (grant maintained) and foundation schools do not qualify for permitted development rights under part 12, as they’re on local authority land.

For those schools that can qualify under both Parts 12 and 7, both allowances can apply. This means proposals can be checked against the allowances and criteria for each part independently.

Some schools may need to ask their local authority for advice. For example, under Part 7, foundation schools can choose to submit an application to the county or to the local planning authority.

If the application is to the county planning authority, the county council must have a vested interest as local education authority. If a proposal relates to an academy school development, you should approach the relevant local planning authority if the county council does not intend to develop the land itself or with another party.

Check if your school qualifies for permitted development

Type of school Land owned by local authority Land maintained by local authority Qualify under Part 12 Qualify under Part 7: Class M and N
Community School Yes Yes Yes Yes
Voluntary Controlled School Yes Yes Yes Yes
Foundation School (check that we can deal with your enquiry) No No No Yes
Voluntary Aided School (check that we can deal with your enquiry) No No No Yes
Academy School (check that we can deal with your enquiry) No No No Yes

See Regulations 3 and 4 of the Town and Country Planning General Regulations 1992.

For advice on your proposal, contact us using the School permitted development enquiry form (DOC, 142.85KB).