Permitted development in England
Permitted development in England

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Permitted development in England
  • Legal basis of permitted development rights
  • What development is permitted?
  • Exceptions, limitations and conditions
  • Circumstances in which permitted development rights do not apply
  • Development not falling within scope of permitted development right
  • Planning conditions and obligations
  • Article 4 directions
  • Development requiring EIA
  • Designated areas/article 2(3) and 2(4) land
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak (see: Permitted development in England — Impact of Coronavirus (COVID-19) on permitted development). For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

This Practice Note deals with permitted development in England. For guidance on permitted development in Wales, see Practice Note: Permitted development in Wales.

Legal basis of permitted development rights

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:

  1. the carrying out of building, engineering, mining or other operations in, on, over or under land (see Practice Note: Operational development), or

  2. the making of any material change in the use of any buildings or other land (see Practice Note: Material change of use)

TCPA 1990, s 58(1)(a) provides that planning permission may be granted by a ‘development order’. The Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) is a development order for these purposes. It allows specific types of development, set out in different classes in Schedule 2 of the GPDO, to be carried out without the need to obtain planning permission.

Related documents:

Popular documents