The following Planning practice note provides comprehensive and up to date legal information covering:
Planning permission is required where there has been a material change of use (see Practice Note: Planning—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 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. See Practice Note: Planning—enforcement.
In Burdle, the court set out tests to assist in identifying the planning unit:
Bridge J suggested that the starting point was to 'assume the unit of occupation is the appropriate planning unit'. It is then necessary to examine the physical layout and relationship of all the activities taking place within that unit. This may confirm or dispel the notion that the unit of occupation is the planning unit.
Where a unit of occupation has a sole primary use, that unit of occupation is normally considered as the planning unit, regardless of whether it is jointly or individually occupied. Physical separation of
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