Is planning permission required?

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):

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Welsh Government announces introduction of Planning (Wales) Bill to Senedd

The Welsh Government has introduced the Planning (Wales) Bill and the Planning (Consequential Provisions) (Wales) Bill to the Senedd. The Planning (Wales) Bill represents the first formal separation of Welsh and English planning law, consolidating and codifying legislation specifically for Wales. It aims to modernise the structure and language of planning law by enhancing legal clarity and usability without reforming the planning system itself. The Bill implements recommendations from the Law Commission's 'Planning Law in Wales' report and aligns with priorities set out in 'The future of Welsh law: A programme for 2021 to 2026'. The accompanying Planning (Consequential Provisions) (Wales) Bill makes the necessary amendments and repeals to existing legislation and includes transitional and savings provisions to support implementation of the main Bill.

High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

Article on consultation for streamlining infrastructure planning

Planning analysis: On 1 September 2025, the government launched a consultation seeking views on streamlining the Nationally Significant Infrastructure Project (NSIP) process. Building on previous reforms, it proposes wide-ranging changes to support the goal of consenting 150 infrastructure projects this term. Responses are invited by 27 October 2025. Key updates include guidance on pre-application engagement and acceptance now the requirements have changed. The role of statutory bodies is also under the microscope, with views sought on performance indicators and cost recovery guidance. It also addresses procedural challenges surrounding examination change requests, proposing flexibility for Examining Authorities, as well as greater flexibility for the fast-track and pre-application services to improve uptake. This article was written by Olivia Heininger, an associate at Burges Salmon in the Planning and Compulsory Purchase team.

Court underlines importance of procedural compliance in planning enforcement appeals (Herstmonceux Museum v SSCLG)

Planning analysis: In Herstmonceux Museum v SSCLG, the court held that challenges to enforcement appeal decisions involving a deemed planning application must proceed under section 289 of the Town and Country Planning Act 1990 (TCPA 1990), not section 288. It further confirmed that strict compliance with service and procedural requirements is essential, and failures within the 28-day limit are fatal to jurisdiction.