We have assumed that the proceedings have been issued in the courts of England and Wales. Guernsey is a self-governing

This Q&A covers the situation where Pre-Cast Reinforced Concrete (PRC) repair work is to be carried out in England. Please note, different legislation applies in Wales. Normally planning permission is required for repairs to a PRC property. In general, repairs and renovations to non-listed properties that do not enlarge the footprint

Section 55(2)(d) of the Town and Country Planning Act 1990 excludes from the definition of development the use of any buildings or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house. As such, planning permission would not be required for the siting of a caravan or log cabin on land within the curtilage of a dwelling which is used in conjunction with the main dwelling (for example, a structure used as a home office, or to occasionally house guests who eat and shower in the main dwelling). If the land

We have not found commentary in our resources which suggests that any requirement for planning permission is dependent on the existing use of the land (ie agricultural or residential) but rather the type of activity necessitating a borehole. General position Planning permission is required for the development of land. Development is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990), as comprising: • operations affecting land, and • changes of use of land (see Practice Note: Material change of use) Operational development includes building operations, engineering operations, mining operations and other operations. Mining Mining operations include (TCPA 1990, s 55(4)): • the removal of material of any description from: ◦ a mineral-working deposit ◦ a

The Use Classes Order and the General Permitted Development Order The Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the UCO 1987), puts uses of land and buildings into various use classes. The Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418, art 3, Sch 2, Part 3 (the GPDO 1995) sets out which changes of use are permitted development and do not require planning permission. Please see our Practice Note ‘Operation of the Use Classes Order’ for further information on the UCO 1987: Operation of the Use Classes Order in Wales. Relevant use classes Doctor's surgery Doctor’s surgeries fall into Class D1 of the UCO 1987: 'Class D1. Non-residential institutions Any use not including a residential use—for

Whether or not planning permission is required for a shepherd’s hut will depend on the construction, location and use of the hut. Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) provides that, subject to a few exceptions, planning permission is required for the carrying out of any development of land. TCPA 1990, s 55(1) defines ‘development’ as: • 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 For more detail see Practice Notes: Operational development and Material change of use. Operational development In terms of construction, a traditional shepherd’s hut is a mobile structure and is likely to fall within the legal definition of a caravan. Section 29 of the Caravan Sites and Control

Planning permission is not required for development which is permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (the GPDO). Short-term pop-up (up to 28 days) GPDO, SI 2015/596, Sch 2, Pt 4, Class D permits, subject to exceptions, the use of any land for any purpose for not more than 28 days in total in any calendar year, and the provision on the land of any moveable structure for the purposes of the permitted use. Longer-term pop-up (up to two years) GPDO, SI 2015/596, Sch 2, Pt 4, Class D permits the temporary use of various commercial premises. Since 30 May 2013, buildings that are classed for

In England, Class L of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015), SI 2015/596, Sch 2 Pt 3 sets out a permitted development right for a change of use from a dwellinghouse within Class C3 of the Town and Country Planning (Use Classes) Order

The starting point Section 55 of the Town and Country Planning Act 1990 (TCPA 1990) defines ‘development’, development requires planning permission. It also identifies what is not development, and includes the following: ‘…(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—[…] (e) the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used…’ TCPA 1990 does not include a definition of ‘forestry’ or ‘afforestation’, but the Forestry Commission guidance on Environmental impact assessments for woodland (dated 28 September 2021) (the Guidance) states: ‘Afforestation means conversion of a non-woodland land use, for example agriculture, into woodland or forest (these terms are used interchangeably) by means of planting, or facilitating natural regeneration (self-sowing) of trees to form woodland cover. This can include proposals for short rotation coppice (SRC) and short rotation

The Town and Country Planning Act 1990 (TCPA 1990) does not clarify whether converting multiple dwellings into one dwelling would constitute 'development' for the purposes of TCPA 1990, s 55. TCPA 1990, s 55(2) specifically excludes works that affect only the interior of the building from the meaning of development. However, in Richmond-Upon-Thames London Borough Council v Secretary of State for Transport, the court held that where a change of use gave rise to planning

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 requires planning permission. Section 55(3) of the TCPA 1990 expressly provides that converting a single dwellinghouse to create two or more dwellinghouses will result in a material change of use requiring planning permission. However, the legislation is silent on whether converting multiple dwellings into one dwelling would also constitute development. Section 55(2)

This question is dealt with in Practice Note: Planning issues in demolition and Class A of Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 (the GPDO), SI 2015/596 (SI 2015/596, Sch 2, Pt 11). Section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990) states that planning permission is required