Q&As

Can separate planning units be merged to form one planning unit without obtaining planning permission?

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Published on LexisPSL on 01/08/2014

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

  • Can separate planning units be merged to form one planning unit without obtaining planning permission?
  • Defining the planning unit
  • Merging separate planning units
  • Immunity from enforcement

Defining the planning unit

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 its ancillary uses), and whether any material change of use has occurred.

In addition, local planning authorities taking enforcement action against a breach of planning control need to determine the extent of the planning unit to establish whether there has been an unauthorised change of use.

Practice Note: Defining the planning unit explains the tests to distinguish between separate planning units, including identifying the unit of occupation, sole primary use, geographical separation, composite uses, similarity of purposes of the sites and any ancillary uses. The note provides lin

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