Permitted development

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Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures

Permitted development in England

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

Planning obligations—key points

This Practice Note should be read in conjunction with Practice Notes: The statutory test for section 106 agreements and interaction with Community

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

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 20th Oct

Practice notes

Applying for planning permission—procedure

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

15th Oct

Practice notes

Compulsory purchase—procedure

STOP PRESS: On 13 October 2020, the Welsh Government announced changes to the Planning Policy Wales and updated Circular guidance pursuant to...

15th Oct

Practice notes

Amending a planning permission, retrospective planning permission and revocation of planning permission

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

13th Oct

Practice notes

Implementing planning permission

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

2nd Oct

Practice notes

Public rights of way

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways...

29th Sep

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

26th Sep

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

26th Sep

Practice notes

Determining planning applications—procedure

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

26th Sep

Practice notes

Planning—enforcement

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

26th Sep

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...

25th Sep

Practice notes

Powers to stop up and divert highways and footpaths

PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...

25th Sep

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...

25th Sep

Practice notes

Works to trees, tree preservation orders and trees in conservation areas

Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...

25th Sep

Practice notes

Highways—adoption agreements

Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...

25th Sep

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

25th Sep

Most recent Permitted development content

Practice notes

Permitted development rights for renewable energy technologies

The Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418 (in Wales) and the Town and Country Planning (General Permitted...

25th Sep

Practice notes

Planning for conservatories, garages and lofts

Many small domestic extensions to dwellinghouses benefit from permitted development rights and do not require planning permission if they meet...

25th Sep

Practice notes

Planning issues in demolition

Planning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning...

25th Sep

Practice notes

Planning issues for Crown land

Background to Crown’s immunity from development controlIn 1992, the government decided to progressively remove any immunities protecting government...

25th Sep

Practice notes

Lawful development certificates

What is a lawful development certificate?A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under...

25th Sep

Practice notes

Planning issues in telecommunications

Permitted development rights for telecommunication developmentCertain forms of telecommunication development, eg mobile telephone masts, are permitted...

25th Sep

Practice notes

Article 4 directions

Article 4 directions can be used by local planning authorities (LPAs) to withdraw permitted development rights that would otherwise apply by virtue of...

25th Sep

Practice notes

Enterprise Zones

What is an Enterprise Zone?Enterprise Zones (EZs) are designated areas of land that offer a range of benefits to businesses, with the aim of...

26th Sep

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...

26th Sep

Practice notes

Permitted development rights and the prior approval system

Permitted development rightsSection 57(1) of the Town and Country Planning Act 1990 (TCPA 1990) establishes that planning permission is required for...

26th Sep

Practice notes

Permitted development in Wales

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

26th Sep

Practice notes

Agricultural buildings and land: permitted development rights

This Practice Note looks at certain of the permitted development rights in England under Part 6 of Schedule 2 to the Town and Country Planning...

26th Sep

Practice notes

Permitted development rights for larger house extensions in England

Permitted development in EnglandThe Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) provides a number of...

27th Sep

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...

28th Sep

Q&As

Does an email constitute good service for notifying an applicant as to whether permission for a development is denied or refused under the Town and Country Planning (General Permitted Development) (England) Order 2015?

As indicated, the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 provides a number of instances whereby a...

28th Sep

Q&As

If planning permission for a house imposes a holiday-let condition that the house cannot be occupied for more than 30 days in succession, is the house considered a dwelling so that it can benefit from permitted development rights which attach to dwellings?

Whether a house which has a holiday let condition attached is treated as being a dwelling within use class C3 (use as a private dwelling house), so...

28th Sep

Q&As

What happens if the local planning authority confirms that prior approval is not required and then realise that the application does not fall within PD at all?

There is no definite answer to this question and no current practical guidance from government exists on this point. However, the approach to be taken...

28th Sep

Q&As

Can a lodger be accommodated in an outbuilding to a dwelling, built under permitted development, without it breaching planning law? The lodger would only sleep in the outbuilding but otherwise use the facilities in the main house.

There are two considerations for whether planning permission is required for the use of an outbuilding within a residential curtilage:•whether the use...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 28th Sep

Q&As

Temporary buildings are permitted under Part 4 Class A General Permitted Development (England) Order 2015, SI 2015/596 in connection with and for the duration of operations being or to be carried out over that land. Is there any time limit on how long the temporary buildings can remain?

Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596, Sch 2 Pt 4, Class A (the GPDO) provides for a permitted...

28th Sep

Q&As

What is the planning position for a building within an enterprise zone established under the Thatcher government? Would a business premises built without planning permission in an enterprise zone have breached planning requirements?

The previous incarnation of Enterprise Zones (EZs) were announced by Geoffrey Howe in his 1980 Budget. They were largely similar to EZs established in...

28th Sep