When planning permission is required

View Planning by content type:

Practice notes

Precedents

Q&As

Featured Planning content

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 When planning permission is required content

Q&As

In an area of outstanding natural beauty, is planning permission required to plant a row of trees or construct a bund?

Generally, planning permission is not required to plant trees, as planting trees would not constitute ‘development’ for the purposes of sections 55...

28th 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

Are flats included in the definition of ‘dwellinghouse’ for the purposes of section 55(3)(a) of the Town and Country Planning Act 1990?

Section 55 of the Town and Country Planning Act 1990 (TCPA 1990) defines development, for which planning permission is required by virtue of TCPA...

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

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...

28th Sep

Q&As

How much detail is required from the Local Authority when requesting an annual fee to protected sites in accordance with section 5 of the Caravan Sites and Control of Development Act 1960?

Section 5(A)(1) of the Caravan Sites and Control of Development Act 1960 (CSCDA 1960) provides that a Local Authority in England who have issued a...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 28th Sep

Q&As

In what circumstances/on what legal basis can a local authority refuse consent for outdoor advertising taking the form of a lifestyle graphic vinyl?

Advertisements are controlled by local planning authorities (LPAs) pursuant to the Town and Country Planning (Control of Advertisement) (England)...

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

Q&As

Can a 'prior approval' planning permission (ie granted pursuant to permitted development rights) be amended by section 73 of the Town and Country Plannning Act 1990 or a non-material amendment (section 96A) in the same way as a 'normal' planning permission?

The granting of prior approval may be subject to conditions. In Pressland v Council of the London Borough of Hammersmith and Fulham, the Planning...

28th Sep

Q&As

Does the four or ten-year enforcement time limit apply to the unauthorised conversion of a single dwelling into two flats?

Development for which planning permission is required is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s...

28th Sep

Q&As

In what circumstances is planning permission required for the removal of Japanese knotweed?

The planning system is focussed upon the works to be carried out not their reason, so if engineering or other operations are required to remove...

Produced in partnership with Christine Willmore of University of Bristol Law School 28th Sep

Q&As

Can land which was planted with deciduous trees form part of a garden for planning purposes, rather than agricultural land?

In answering this Q&A we have assumed that by referring to the classification of land as a garden, the lawful use of land is for purposes falling...

Produced in partnership with Kevin Leigh of No 5 Chambers 28th Sep

Q&As

What use class does student accommodation fall into?

The Town and Country Planning (Use Classes) Order 1987 (UCO), SI 1987/764 puts uses of land and buildings into various categories known as use...

28th Sep

Q&As

What are the tests for whether a structure meets the definition of a caravan and the tests for whether the proposed use of a caravan results in a change of use of the land such that planning consent is required?

Part 5 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (GPDO 2015) (GPDO 2015, SI...

28th Sep

Q&As

Does a caravan site accommodating agricultural workers require planning permission or does it benefit from permitted development?

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, Sch 2 Pt 5, Class A permits the use of...

Produced in partnership with Kevin Leigh of 33 Bedford Row 28th Sep

Q&As

A house has been used as a residential dwelling since the 1950s. The garage was converted to an annex in 2003 but did not have planning permission. The annex was separately let in September 2014 for a two year tenancy. The local authority claim this is a breach of planning control as it is now a dwelling in its own right because it requires a planning application for change of use. Is planning permission required even though the use is still residential?

Planning permission is required if the work being carried out meets the statutory definition of ‘development’, set out in the Town and Country...

28th Sep

First
1
2
3
4
5
Last

When planning permission is required

View Planning by content type:

Featured Planning content

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

Permitted development in England

Planning obligations—key points

Highways—ownership and creation

Most recent When planning permission is required content

Popular documents

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Loan Market Association (LMA)—news on documentation [Archived]

The equity of redemption

Automatism

Contact Us

Popular Links

Policies

Follow us