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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Latest Planning News

Planning weekly highlights—13 November 2025

This week’s edition of Planning weekly highlights includes: a High Court ruling refusing an injunction for an Essex hotel housing asylum seekers; a Court of Appeal decision on the application of the proximity principle in waste planning decisions; a Court of Appeal case on the relationship between caravan site licensing and planning permission; development consent granted for the Cory Decarbonisation Project; the government’s response to draft NPS for nuclear energy generation; Natural England’s strategy for systemic nature recovery; and upcoming changes to the planning appeal submission process.

Court of Appeal confirms caravan site licensing must align with planning permissions and enforcement decisions (Haytop Country Park Ltd v Amber Valley Borough Council)

Planning analysis: In Haytop Country Park Ltd v Amber Valley Borough Council, the Court of Appeal confirmed that caravan site licensing must operate consistently with the planning regime and cannot override or expand planning permissions or enforcement outcomes. The decision establishes that licensing authorities must take into account the 'planning baseline' set by planning permissions and enforcement notices, ensuring the two regimes work together rather than at cross-purposes.

DESNZ publishes revised energy National Policy Statements following consultation

The Department for Energy Security and Net Zero (DESNZ) has published its response to consultation and laid revised National Policy Statements for energy infrastructure before Parliament. The updated statements cover EN-1 (overarching energy policy), EN-3 (renewable energy infrastructure) and EN-5 (electricity networks infrastructure), which will come into force following a 21-sitting day parliamentary consideration period. The revisions follow a consultation that received 189 responses and are intended to support delivery of Clean Power by 2030 and net zero targets.

Draft National Policy Statement for Nuclear Energy Generation (EN-7) designated following consultation

The Department for Energy Security and Net Zero (DESNZ) has confirmed the designation of the National Policy Statement (NPS) for Nuclear Energy Generation (EN-7), providing the primary planning framework for decisions on development consent for nuclear infrastructure in England and Wales. The statement will guide the Secretary of State’s decision-making under the Planning Act 2008 and ensure consistency across the planning and regulatory regimes governing nuclear fission projects. EN-7 complements the overarching energy NPS (EN-1) and supports delivery of the government’s commitment to deploy new nuclear capacity to achieve net zero by 2050.The government’s consultation outcome report (November 2025) confirms that stakeholders broadly supported EN-7’s scope and criteria, and that no material amendments were required to the draft text. It also sets out the government’s next steps for implementation and associated guidance.

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