Planning

This Overview highlights key planning issues for construction lawyers and provides links to relevant content. Further information and guidance is provided in the Planning Practice Area.

Is planning permission required?

Planning permission is required for the 'development' of land. Development is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990) as comprising:

  1. operations affecting land, and

  2. changes of use of land

See Overview: Is planning permission required?

Planning permission or ‘prior approval’ may be required to demolish a building, depending on the type and size of building and where it is located. Permitted development rights exist for building operations consisting of the demolition of a building, subject to certain conditions and exceptions. The local planning authority (LPA) can make a direction to restrict the permitted development rights that apply to demolition. See Practice Note: Planning issues in demolition.

Planning applications

An application for outline planning permission provides a decision on the general principles of how a site can be developed (TCPA 1990, s 92). Outline planning permission is granted subject to conditions requiring

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Construction News

Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

View Construction by content type :

Popular documents