When planning permission is required

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Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

9th Nov

Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent When planning permission is required content

Q&As

A few days before permitted development approval was given for a barn it was burnt down due to arson. What is the current status of the barn?

This response considers the planning status of a building following a fire, and the availability of permitted development rights for such properties...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

Is planning permission required to convert three flats back into a single dwelling?

The Town and Country Planning Act 1990 (TCPA 1990) does not clarify whether converting multiple dwellings into one dwelling would constitute...

29th Nov

Q&As

Do mezzanine floors require planning permission?

Planning permission for mezzanine floorsUnder section 55(2)(a) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is not...

29th Nov

Q&As

Where there is permitted development to convert an office building to residential units (Class C3) and the council issues a certificate of prior approval, is there a time limit within which the works must be commenced?

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596 allows some development to be permitted...

29th Nov

Q&As

What are the options where a certificate of lawful development has been issued incorrectly?

Section 193(7) of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to revoke a lawful development...

29th Nov

Q&As

Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?

Sustainable drainage systems (SuDs) are alternatives to traditional piped drainage, which seek to manage water run-off and flood risk, often through...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

Is planning permission required to convert two maisonettes back into one house?

Under the Town and Country Planning Act 1990 (TCPA 1990), the making of any material change in the use of any building is ‘development’, which...

29th Nov

Q&As

A building has permission for garage use at ground level and office use at first floor level. Permission to use the ground level for office use was granted in 2008 but a 2010 s 106 agreement contains a covenant not to implement the 2008 permission. A mezzanine has now been constructed over the ground level and this is being used for office use. Would this breach the 2010 s 106 agreement?

Under section 55(2)(a) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is not required for the carrying out for the...

29th Nov

Q&As

What is the definition of ‘highway adjacent’ in the context of permitted development rights for the erection of a gate?

The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596, Sch 2 Pt 2, Class A grants permitted...

29th Nov

Q&As

What is the legal position in respect of homeowners renting out their property on a short-term letting basis. Can homeowners in England rent out their property without having to obtain prior planning permission, provided they rent out their property for no more than 90 days in any one calendar year?

Planning permission is required for operational development and/or a material change of use of premises. The making of ‘any material change in the use...

29th Nov

Q&As

What is the scope of permitted development rights for the construction of airport facilities?

Class F of Schedule 2 Part 8 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (the GPDO) provides...

29th Nov

Q&As

What is the definition of a ‘dwelling’ for planning purposes?

The C3 use class, which a dwelling house falls under, is defined in the Town and Country Planning (Use Classes) Order 1987, SI 1987/764.In England, it...

29th Nov

Q&As

Among the changes recently made to the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757, is the addition to the list of sui generis uses of inter alia: ‘(q) as a drinking establishment with expanded food provision’. Is it intended to be a reference to the new temporary permitted development right under Class AA? Is there anything that explicitly spells this out?

The Town and Country Planning (Use Classes) Order 1987 (UCO 1987), SI1987/764, art 3 (Use Classes) at paragraph 6 states: ‘No class specified in...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 29th Nov

Q&As

Does commercial film-making require planning permission?

Planning permission is required for the development of land.Section 55 of the Town and Country Planning Act 1990 defines development as...

29th Nov

Q&As

Under the Town and Country Planning (Use Classes) Order 1987, when would an accountant's practice (or any other professional practice) be considered anything other than use within class A2?

This Q&A looks at when professional practices can be considered anything other than use within Class A2 under the Town and Country Planning (Use...

Produced in partnership with David Brammer of Lanyon Bowdler LLP 29th Nov

Q&As

What changes of use from B8 (storage and distribution) to C3 (residential) constitute permitted development? What constitutes B8 use? Does a garage used for storage fall within use class B8 or does B8 use have to involve a commercial activity?

Class B8 of the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) encompasses use of a building or land for storage or a distribution...

29th Nov

Q&As

Do you consider that use as an art gallery in ground floor premises located in a shopping area where services are provided to visiting members of the public falls within use class A2 or do you consider this to be sui generis?

In Forkurst v Secretary of State for the Environment and Brentwood District Council [1982] JPL 448 (not reported by LexisNexis®), four steps were said...

29th Nov

Q&As

Are new permitted development rights proposed to be introduced in 2017, in particular in relation to Use Class C3 (dwelling houses)?

There are currently several new permitted development rights which are currently being considered by the Government for implementation.The response to...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

What is the definition of ‘agricultural purposes’ for the purposes of the site requiring to be in agricultural use as at 20 March 2013 under Class Q, Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015?

Section 336 of the Town and Country Planning Act 1990 (TCPA 1990) defines ‘agriculture’ as including ‘horticulture, fruit growing, seed growing, dairy...

29th Nov

Q&As

Is it possible to extend the time period for implementation of a planning permission?

All planning permissions are subject to a condition which specifies the time period for implementation. This will either be an express condition set...

29th Nov