Is planning permission required?

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Meaning of development

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):

  1. •

    the carrying out of building, engineering, mining or other operations in, on, over or under land, or

  2. •

    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.

Operational development

Operational development includes building operations, engineering operations, mining operations and other operations.

See Practice Note: Operational development.

Building operations

Building operations include demolition, rebuilding, structural alterations or additions to a building or any work normally undertaken by a builder. Whether building operations constitute development may depend on the size, permanence and physical attachment of the building.

The main exceptions are works to maintain, improve or alter only the interior of a building or works of maintenance or alteration where they do not materially affect the building’s external appearance (although works

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