The following Planning practice note provides comprehensive and up to date legal information covering:
Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.
’Development’ is defined in TCPA 1990, s 55(1) as:
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
TCPA 1990 therefore controls two distinct types of development: operational development and material changes of use. This Practice Note deals with material changes of use. For information on operational development, see Practice Note: Operational development.
It is worth noting at the outset that TCPA 1990, s 55 expressly provides that certain specified changes of use are not to be taken to involve development, see Changes of use which are expressly taken not to involve development below. Further, certain defined operations or changes of use are excepted from the meaning of development pursuant to the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the UCO), see Practice Note: Operation of the Use Classes Order. Also, the Town and Country Planning (General Permitted Development) Order 2015 (in England) and the Town and Country Planning (General Permitted Development) Order 1995 (in Wales) (the GPDOs) permit specified types of development at a national level without the need to apply
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