Q&As

Can a planning unit that has been separated into more than one unit be re-merged into one planning unit without planning permission?

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Published on LexisPSL on 17/12/2014

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a planning unit that has been separated into more than one unit be re-merged into one planning unit without planning permission?
  • Defining the planning unit
  • Merging separate planning units
  • Immunity from enforcement

Can a planning unit that has been separated into more than one unit be re-merged into one planning unit without planning permission?

Defining the planning unit

Planning permission is required where there has been a material change of use. The courts use the concept of the planning unit to determine the area of land to be considered when identifying the primary use of land, and whether any material change of use has occurred.

The case of Burdle v Secretary of State for the Environment set out tests to assist in identifying the planning unit. These tests include establishing the unit of occupation, identifying whether there is a sole primary use and identifying whether the uses are geographically separated. The question of whether sites are separate planning units would therefore be a question of fact and degree, based on the application of the above tests.

See Practice Note: Defining the planning unit.

Merging

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