Permitted development in England
Permitted development in England

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

  • Permitted development in England
  • Legal basis of permitted development rights
  • What development is permitted?
  • Circumstances in which permitted development rights do not apply
  • Prior approval
  • Certificates of lawful use or development
  • Permitted development rights for development within the curtilage of a dwellinghouse
  • Permitted development rights for minor operations
  • Permitted development rights for changes of use
  • Permitted development rights for temporary buildings and uses
  • more

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. The GPDO replaced the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (the 1995 GPDO) in England from 15 April 2015. The 1995 GPDO still applies in Wales—see Practice Note: Permitted development in Wales.

Development which falls within a particular class of permitted development right (PD