Planning permission is required for most forms of new development. What constitutes ‘development’ is legally defined and is very wide-ranging. Broadly, it includes most new buildings, major alterations to existing buildings, and significant changes in the use of a building or piece of land.
What is permitted development?
Permitted development rights are set nationally and allow certain minor building works and changes of use to be carried out without having to make a planning application. The most common category of permitted development relates to householder development. This includes alterations and extension to existing houses and bungalows (e.g. conservatories and dormer windows) and for outbuildings and other structures (e.g. garden sheds and garages). For more information see: alterations to homes
What is permitted development varies depending on where you live. For example, permitted development rights may be restricted in protected areas such as Conservation Areas, National Landscapes, National Parks and World Heritage Sites (sometimes referred to as Article 2(4) land). For more information see: permitted development rights in conservation areas.
In some instances, permitted development rights may also have been removed by the local planning authority (LPA) by issuing what is known as an Article 4 direction or through a condition they place on planning permission being given. Likewise, if you live in a listed property (Grades I, II or II*) some of your permitted development rights will be restricted and any works to the property will need listed building consent before works can commence.
Permitted development rights are subject to conditions and limitations so it is important to check these before carrying out any work. In a small number of cases, it may be necessary to obtain prior approval from the LPA before carrying out permission development.
An application known as a ‘Lawful Development Certificate’ can be submitted to the LPA to confirm whether proposed or existing works/a change of use is permitted development.
Regardless of whether planning permission is required, or the works constitute permitted development, you will normally need Building Regulations approval for most works to your property. These are separate to planning permission. There may also be restrictions imposed by previous owners of your property known as ‘restrictive covenants’. These might either require you to obtain permission or may prevent you carrying out certain types of development.
Material changes of use
Whether a change of use requires planning permission or not will depend on whether the proposed use is in the same ‘use class’ or category as its current use. For example, there could be a change of use from a post office to a café, or a pharmacy to a beauty salon, without planning permission because these are in the same category (Class E – commercial, business and service use). But there would need to be planning permission for a change of use from a pub to a community centre, because they are in different classes. For more information see: changes of use and alternations to business premises
Planning enforcement
LPAs have a range of powers to take enforcement action against anyone who has carried out development without first obtaining planning permission (this is known as a ‘breach of planning control’). For more information see: what is a breach of planning control?
Many minor breaches can be resolved through negotiation and persuasion without the need for formal enforcement action. In less straightforward cases, formal enforcement action may be necessary. For example, a LPA can issue an enforcement notice to require a developer to stop or remove any unauthorised building work. Failure to comply with an enforcement notice is a criminal offence that could result in a judgement or fine. See: what is an enforcement notice?
In deciding whether to take enforcement action, the LPA must consider whether the breach of planning control unacceptably affects public amenity, and if it is in the public interest to take formal enforcement action. Any action taken should be proportionate to the breach. This means that if the LPA decides that enforcement action would serve no useful purpose it can decide to take no action at all. For more information see: how local planning authorities investigate alleged breaches of planning control