Q&As

If the description of development on a planning permission refers to a particular use within Class E, does the permission permit all Class E uses?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 19 April 2022
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Background

Section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990) defines what is 'development'. Only 'development' requires planning permission. It states:

'“development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.'

According to TCPA 1990, s 55(2)(f), the following is not development:

‘The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

...

(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose

Sarah Fitzpatrick
Sarah Fitzpatrick

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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Jurisdiction(s):
United Kingdom
Key definition:
Use definition
What does Use mean?

means distribute, disclose, store, use, analyse, copy, reproduce, extract, modify, or adapt in whole or in part.

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