When is permission required?

Question

Accepted Answer

What is development?

Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990.

‘Development’ includes:

building operations (eg structural alterations, construction, rebuilding, most demolition);
material changes of use of land and buildings;
engineering operations (eg groundworks);
mining operations;
other operations normally undertaken by a person carrying on a business as a builder.
subdivision of a building (including any part it) used as a dwellinghouse for use as 2 or more separate dwelling houses

The categories of work that do not amount to ‘development’ are set out in section 55(2) of the Town and Country Planning Act 1990. These include, but are not limited to the following:

interior alterations (except mezzanine floors which increase the floorspace of retail premises by more than 200 square metres)
building operations which do not materially affect the external appearance of a building. The term ‘materially affect’ has no statutory definition, but is linked to the significance of the change which is made to a building’s external appearance.
a change in the primary use of land or buildings, where the before and after use falls within the same use class.

Paragraph: 001 Reference ID: 13-001-20140306

Revision date: 06 03 2014

Does all development require planning permission?

Section 57 of the Town and Country Planning Act 1990 directs that all operations or work falling within the statutory definition of ‘development’ require planning permission. However, there are different types of planning permission, such as:

local authority grants of planning permission
national grants of permission by the General Permitted Development Order which allows certain building works and changes of use to be carried out without having to make a planning application
local grants of planning permission through Local or Neighbourhood Development Orders or Community Right to Build Orders.
Development which is to be carried out by a local authority, national park authority or statutory undertaker that has been authorised by a relevant government department.

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Revision date: 06 03 2014

Does all development require a planning application to be made for permission to carry out the development?

Development does not in all instances require a planning application to be made for permission to carry out the development. In some cases development will be permitted under national permitted development rights. To receive a formal confirmation of this, an application for a certificate of lawful development can be submitted to a local planning authority.

There may also be a locally granted planning permission in place that covers the type of development you wish to undertake, in the form of a Local Development Order, a Neighbourhood Development Order or a Community Right to Build Order.

In all other cases it will be necessary to make a planning application to a local planning authority.

Paragraph: 003 Reference ID: 13-003-20140306

Revision date: 06 03 2014

If it is not necessary to make a planning application, are there any other steps required before the development goes ahead?

Even if a planning application is not needed, other consents may be required under other regimes. The following list is not exhaustive but illustrates some of the other permissions or consents that may need to be obtained before carrying out development:

It is the developer’s responsibility to ensure that any necessary permissions, consents and permits (including permits and licences outside of planning such as those granted under the Licensing Act 2003 and Gambling Act 2005) are in place when required.

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Revision date: 06 03 2014

What if there are restrictions through deeds or covenants that prevent development?

Land ownership, including any restrictions that may be associated with land, is not a planning matter. An appropriate legal professional will be able to provide further advice on this if necessary.

Paragraph: 005 Reference ID: 13-005-20140306

Revision date: 06 03 2014

What happens if development is carried out without the necessary planning permission?

If development is carried out without the necessary planning permission, this may lead to enforcement action.

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Revision date: 06 03 2014

Where can applicants find out more?

A local planning authority delivers the planning service for a local area and should always be the first point of contact for any planning enquiries. A local planning authority will have professional planning officers working for them who can offer planning advice, particularly on the interpretation of planning law and planning policy. Some local planning authorities charge for pre-application advice. Further advice can also be obtained from a professional planning consultant.

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Revision date: 06 03 2014

How can disagreements with a local planning authority’s actions, or its interpretation of planning rules, be resolved?

If an applicant disagrees with a planning decision made by a local planning authority, then the decision can be appealed to the Planning Inspectorate.

If a person is unhappy with the approach that a local planning authority has taken to a proposed or existing development then they can consider going through the authority’s complaints procedure. If this does not resolve the issue, they could make a complaint to the Local Government Ombudsman.

The Ombudsman is only able to consider the procedure followed and conduct of a local planning authority. The Ombudsman does not have the power to rescind a grant of planning permission. Further advice will also be available from an appropriate legal professional or professional planning consultant.

Paragraph: 008 Reference ID: 13-008-20190722

Revision date: 22 07 2019 See previous version

What is the Use Classes Order?

The Town and Country Planning (Use Classes) Order 1987, as amended, groups common uses of land and buildings into classes. The uses within each class are, for planning purposes, considered to be broadly similar to one another. The different use classes are:

Part B (Schedule 1)
- Class B2 – General Industrial
- Class B8 – Storage and distribution
Part C (Schedule 1)
- Class C1 – Hotels
- Class C2 – Residential institutions
- Class C2A – Secure residential institutions
- Class C3 – Dwellinghouses
- Class C4 – Small Houses in multiple occupation
Part A (Schedule 2) Commercial, Business and Service
- Class E – Commercial, Business and Service
Part B (Schedule 2) Local Community and Learning
- Class F.1 Learning and non-residential institutions
- Class F.2 Local community

Paragraph: 009 Reference ID: 13-009-20140306

Revision date: 18 09 2020

What uses are included in Commercial, Business and Service use class?

The Commercial, Business and Service use class ( E) includes a broad and diverse range of uses which principally serve the needs of visiting members of the public and or are suitable for a town centre area. The use class allows for a mix of uses which recognises that a building may be in several different uses concurrently or be used for different uses at different times of the day. The class incorporates the whole of the previous shops (A1) (apart from those that now fall within scope of the F2 Local Community use class), financial and professional services (A2), restaurant and cafes (A3) and business (B1 including offices) use classes, and uses such as nurseries, health centres and gyms ( previously in classes D1 non-residential institutions, and D2 assembly and leisure) and it seeks to provide for new uses which may emerge and are suitable for a town centre area.

Paragraph: 009a Reference ID: 13-009a-20200918

Date 18 09 2020

What shops are within the Local Community use class?

The shops that fall with Local Community use class (F2) are defined in the Use Classes Order Schedule 2, Part B, Class F.2(a)]. Whether a shop falls within this class will be based an assessment of the facts of case at the time the determination is made. The threshold limit of not more than 280 square metres shop area floorspace accords with the provisions of the Sunday Trading Act 1994.

Paragraph: 009b Reference ID: 13-009b-20200918

Date 18 09 2020

Should development plan policies be amended to reflect recent amendments to the Use Classes Order?

Some development plan policies may need to be revised to reflect the amendments to the Use Classes Order introduced in September 2020. It will be for the plan making body to decide on the timing of a review of the relevant plan policies, having regard to the National Planning Policy Framework and national guidance on plan preparation.

Paragraph: 009c Reference ID: 13-009c-20200918

Date 18 09 2020

What uses are subject to local consideration?

Not all uses of land or buildings fit within the use classes order. When no use classes order category fits, the use of the land or buildings is sometimes described as sui generis, which means ‘of its own kind’. Article 3(6) of the Use Classes Order defines a series of uses which are expressly not included within any use class. The uses identified in the Order include: theatres, public houses, hot food takeaways, petrol stations, taxi businesses, and casinos (these examples are not exhaustive). Other than in defined circumstances, any change of use to or from such uses requires full local consideration through a planning application process.

Where land or buildings are being used for different uses which fall into more than one class, then the overall use of the land or buildings is regarded as a mixed use, which will normally be outside a use class and a matter for local consideration (sui generis). The exception to this is where there is a primary overall use of the site, to which the other uses are ancillary. For example, in a factory with an office and a staff canteen, the office and staff canteen would normally be regarded as ancillary to the factory.

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Revision date: 18 09 2020

When does a change of use require planning permission?

A change of use of land or buildings requires planning permission if it constitutes a material change of use. There is no statutory definition of ‘material change of use’; however, it is linked to the significance of a change and the resulting impact on the use of land and buildings. Whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case.

If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application.

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Revision date: 06 03 2014

Is movement between uses within the same use class development?

Movement from one primary use to another within the same use class is not development, and does not require planning permission.

The Commercial, Business and Service use class provides for use, or part use, for all or any of the purposes set out in that Class.

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Revision date: 18 09 2020

Does the Use Classes Order grant permission for any associated development?

Any associated development, such as physical works, may require separate planning and or buildings regulations approval. Other consents may also be required, for example, listed building consent may be required for works to a listed building.

Paragraph: 012a Reference ID: 13-012a-20200918

Date 18 09 2020

Do the changes made to the Use Classes Order in September 2020 cut across the requirements of pre-existing planning conditions or pre-existing planning obligations?

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 do not override any existing planning conditions or planning obligation which specifically prohibits a new use. However, in considering an application for the discharge, modification or removal of conditions limiting changes of use within any of the expanded classes of use, the local planning authority should have regard to the new regulations and the advice in this guidance. See further guidance in relation to changing an agreed planning obligation.

Paragraph: 012b Reference ID: 13-012b-20210820

Date 20 08 2021 See previous version

What is the effect of the changes to the Use Classes Order in September 2020 on the General Permitted Development Order?

Transitional and saving provisions were introduced as part of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020. Under these provisions, until 31 July 2021, references in the Town and Country Planning (General Permitted Development) (England) Order 2015 to use classes were to be construed as references to the uses classes which were specified in the Use Classes Order on 31 August 2020 (before the latest amendments came into force). Similar provisions in the Regulations also apply to relevant article 4 directions.

Further legislation, the Town and Country Planning (General Permitted Development etc) (England) (Amendment) (No 2) Order 2021, makes ‘consequential changes’ to amend or revoke a number of permitted developments rights. This legislation came into force on 1 August 2021 and includes transitional and saving provisions as set out in the Schedule.

Paragraph: 012c Reference ID: 13-012c-20210820

Date 20 08 2021 See previous version

Is planning permission required to sub-divide a building?

Planning permission may not be required to sub-divide a building where:

sub-division does not involve physical works that amount to development;
the use of any newly formed units after a building has been sub-divided falls within the same use class as the building’s existing primary use before it was sub-divided, or there is a permitted development right allowing the new use; and/or
the sub-division does not involve converting a single dwelling house to contain more than one residential unit.

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Revision date: 06 03 2014

Do I need planning permission to home work or run a business from home?

Planning permission will not normally be required to home work or run a business from home, provided that home working or a business use is incidental to the use as a dwellinghouse. The local planning authority must consider whether any purposes to which it is put are reasonably incidental to its use as a dwellinghouse. Where such uses result in a material change of use of a dwellinghouse, planning permission will be required. Whether a material change of use has taken place, or will take place, is a matter of fact and degree and this will be determined on the individual merits of a case.

When determining whether a material change of use has occurred, or will occur, a local planning authority must consider whether home working or a business has led, or will lead, to a notable change in the character of the property’s use. Environmental impacts may be used to indicate a notable change of character of the property, for example: increase in traffic and parking, disturbance to neighbours caused by regular or the number or timing of, visitors or deliveries, abnormal noise or smells, or the need for any major structural changes or major renovations.

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Revision date: 26 07 2023 See previous version

Is planning permission required to rent out a parking space?

The government’s view is that it should be possible to rent parking spaces without planning permission, provided there are no substantive planning concerns such as public nuisance to neighbours.

There is a public interest from such renting, by providing more cheap and flexible parking spaces for people to park their car and taking pressure away from on-street parking.

The decision on whether renting out a parking space requires planning permission will depend on 2 principal factors:

The first is whether renting out a parking space results in a material change in the use of the space. Determining whether there has been a material change of use will depend on whether a space is used in a significantly different way to how a parking space would normally be used (irrespective of the identity of the driver). For example, if by renting out spaces, it causes a notable public or neighbour nuisance. A local planning authority will make this decision based on relevant facts and on a case by case basis.
The second is whether there are any other relevant planning considerations, such as planning conditions, which impose restrictions that prevent parking spaces being rented out.

If renting out parking spaces does not amount to a material change of use and if there are no other planning considerations that prevent parking spaces from being rented out then it would not require planning permission.

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Revision date: 19 03 2015 See previous version

Is planning permission required to short-term let in Greater London?

Section 25 of the Greater London Council (General Powers) Act 1973, as amended by section 44 of the Deregulation Act 2015, allows properties in London, which are liable for council tax, to be let out on a short-term basis for a maximum of 90 nights per calendar year without this being considered a material change of use for which planning permission is required (see section 25A of the 1973 Act). If these criteria are not met planning permission is required.

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Revision date: 19 05 2016

Is planning permission required to short-term let in elsewhere England?

Planning permission is not required elsewhere in England to short-term let a dwelling house, so long as there is not a material change of use of the property. Where it is a change of use and planning permission has not been obtained, a local planning authority can consider whether to take enforcement action. In addition, and irrespective of its planning status, where the short-term letting is causing disruption that could be a ‘statutory nuisance’ under the Environmental Protection Act 1990, a local authority is required to take reasonably practicable steps to investigate the complaint and where it is satisfied that such a nuisance exists, it must issue an abatement notice against “the person responsible”.

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Revision date: 22 02 2018

What happens if a property exceeds the conditions for short-term letting in London?

Local planning authorities have discretion as to whether to take planning enforcement action on properties which are short-term let for more than 90 nights in a calendar year without planning permission, or where the person short-term letting is not liable for council tax. In addition, local authorities are required to investigate complaints about issues that could be a ‘statutory nuisance’ under the Environmental Protection Act 1990, and where it is satisfied that such a nuisance exists, it must issue an abatement notice against “the person responsible”.

Under section 25B a local authority can direct that the right to short-term let without planning permission for up to 90 nights in a year is not to apply to particular residential properties or to residential premises situated in a specified area. However, the Secretary of State’s consent is required before a local planning authority can issue such a direction.

The Secretary of State will consider each application for consent from a local authority on its merits, and all arguments are taken into account before a decision is made but directions may only be given if it is necessary to protect the amenity of the locality. A direction is likely to be necessary to protect the amenity of the locality where:

there has been successful action against a statutory nuisance related to short-term letting; or,
there has been successful enforcement action against a breach of section 25 or 25A of the 1973 Act.

In this context ‘successful action’ means that the notice has come into force and the person responsible has not complied within the relevant time period, and that there is no on-going appeal.

If the Secretary of State grants consent, the local authority may give a direction suspending the right to short-term let from that property or area. The position should be reviewed, such that the right is only removed for a reasonable and proportionate period of time, and the direction should be revoked when it is no longer necessary. A removal of rights can be secured against the relevant property by way of a local land charge.

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Revision date: 19 05 2016

Is planning permission required for farm shops?

Farm shops are often developed as part of farm diversification schemes which can enhance the sustainability of the farm business and benefit the local community. If you are considering developing a farm shop you are likely to need planning permission. There are two options for securing this, either through a permitted development right or submitting a planning application.

It can be possible to develop farm shops under permitted development rights, such as Class R of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, which allows change of use of agricultural buildings to a flexible commercial use, when certain conditions are met.

If using this right and the development of a farm shop would not exceed 150 square metres cumulative floor space, where the conditions set out in the regulations apply, certain information will need to be sent to the local planning authority. This comprises the date the site will begin to be used for any of the flexible uses; the nature of the use or uses; and a plan indicating the site and which buildings have changed use.

Where the development of a farm shop would be greater than 150 square metres cumulative floor space but does not exceed 500 square metres the permitted development right requires an application for prior approval to be made to the local planning authority. This is so that consideration can be given to whether there are potential impacts which the proposed farm shop development may have and how, if necessary, these can best be mitigated. These are impacts from changes in traffic, noise, contamination and flood risk.

Where a planning application is required applicants should consider both national policy set out in the National Planning Policy Framework and development plan policies when developing the proposal.

When considering applications for a permitted development prior approval or planning permission, the local planning authority may propose granting permission with conditions in respect of the farm shop development. This is to ensure that the development is acceptable in planning terms. In imposing any conditions, local planning authorities need to be mindful of the viability of the business and ensure that the conditions are proportionate and reasonably related to issues directly connected to the proposed farm shop. Planning conditions imposed in relation to a prior approval must only be related to the subject matter of the prior approval.

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Revision date: 22 07 2019 See previous version

Is planning permission required for polytunnels?

The erection of polytunnels to support sustainable food delivery is becoming a more important part of the approach to farming. Whether they are ‘development’ will depend on the individual circumstances such as the extent, size, scale, permanence, movability and the degree of attachment to the land of the polytunnels.

Some development of polytunnels is allowed under existing permitted development rights, such as Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015. However the local planning authority is responsible for deciding whether any type of planning permission is required for a particular development.

Where the local planning authority has to consider planning applications or prior approval applications for polytunnels, it is important that appropriate weight is given to the agricultural and economic need for the development. Circumstances where polytunnels can play an important role include to provide protection for plants or young livestock, to secure improved quality produce and to extend the growing season to provide greater opportunity for home grown produce.

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Revision date: 28 07 2017

Is planning permission required for on-farm reservoirs?

Full planning permission is not usually required for smaller, on-farm reservoirs, where the waste material excavated to develop a reservoir remains on the farm. These may be developed under existing agricultural permitted development rights, such as Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, which set out the thresholds for excavation and mineral working where reasonably necessary for agricultural purposes. However, prior approval will be required from the local planning authority.

In considering either a prior approval application or a full planning application for the development of on-farm reservoirs, planning authorities should have regard to the increasing need for sustainability, importantly including the careful management of water, the benefits water storage adds in the sustainability of the farming activity and the contribution that it can also make to flood alleviation.

Mineral planning authorities should consider any applications for mineral extraction, which are submitted in order to dispose waste material excavated to develop reservoirs, in the wider context of the reasons for the development, such as to improve a farm’s sustainability and to protect water sources. Therefore mineral planning authorities should not refuse applications for mineral extraction, which have been submitted as a by-product of the need to develop an on-farm reservoir, solely on the basis that this would exceed their local minerals’ supply. In submitting any application there should be a clear explanation of why the extracted material cannot remain on the farm that can be considered by the mineral planning authority.

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Revision date: 15 06 2018 See previous version

Is planning permission required for a farm track?

Private ways or ‘farm tracks’ are often developed to support the operation of an agricultural unit. If you are considering providing, rearranging or replacing a farm track you will need planning permission in most cases. There are 2 possible routes for securing the planning permission, either through a permitted development right (where applicable) or by submitting a planning application.

Farm tracks may be developed, rearranged or replaced on both larger and smaller agricultural units under existing agricultural permitted development rights where they are reasonably necessary for agricultural purposes. The permitted development rights, set out in Class A and Class B of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, include the conditions for developing farm tracks under these rights. There is no size or ground area limit on the extent of the farm track that can be developed.

Where farm tracks are developed under permitted development rights on larger agricultural units (i.e. of 5 hectares or more) prior approval will be required from the local planning authority. On smaller agricultural units (i.e. of less than 5 hectares but more than 0.4 hectares) located in certain protected areas known as article 2(4) land (i.e. land within a National Park, the Broads and certain land outside the boundaries of a National Park) prior approval will also be required. In considering either a prior approval application or a full planning application for the development of farm tracks, planning authorities should have regard to the need for such development to support agriculture on the unit.

Paragraph: 115 Reference ID: 13-115-20180222

Revision date: 22 02 2018

Is planning permission required for flood protection or alleviation works on a farm?

An application for planning permission is required for flood protection or alleviation works on smaller agricultural units (i.e. of less than 5 hectares) where these constitute development, such as excavations or engineering works. On larger agricultural units (i.e. of 5 hectares or more) those flood protection or alleviation works which are reasonably necessary for agricultural purposes, and where the waste material excavated to carry out the works remains on the farm, may be developed under existing agricultural permitted development rights. Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, sets out the applicable thresholds for excavation and deposit of waste material excavated to carry out the works.

Where flood protection or alleviation works are carried out under permitted development rights a prior approval will be required from the local planning authority. In considering either a prior approval application, or a full planning application for the development of flood protection or alleviation works, planning authorities should have regard to the increasing need for such measures to provide resilience to the impacts of climate change and mitigate flood risk to support the sustainability of the agricultural activity.

Mineral planning authorities should consider any applications for mineral extraction, which are submitted in order to dispose of waste material excavated to carry out flood protection or alleviation works, in the wider context of the reasons for the development, such as to protect the farm in the event of severe weather events. Therefore mineral planning authorities should not refuse applications for mineral extraction, which have been submitted as a by-product of the need to carry out development for flood protection or alleviation works, solely on the basis that this would exceed their local minerals’ supply. Applicants should include a clear explanation on their application of why the extracted material cannot remain on the farm that can be considered by the mineral planning authority.

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Revision date: 15 06 2018 See previous version

What are permitted development rights?

Permitted development rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.

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Revision date: 06 03 2014

What types of permitted development rights exist?

Permitted development rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. Permitted development rights for householders: technical guidance has been issued by the government.

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Revision date: 06 03 2014

Do all areas in England have the same permitted development rights?

There is a range of exclusions which apply to certain permitted development rights in England. For instance, there are protected areas known as article 2(3) land, which cover:

conservation areas
Areas of Outstanding Natural Beauty
National Parks
the Broads
World Heritage Sites

There are other land areas known as article 2(4) land. Article 2(4) land covers land within a National Park, the Broads or certain land outside the boundaries of a National Park.

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Revision date: 22 07 2019 See previous version

Are there limitations to permitted development rights?

Permitted development rights are subject to national conditions and limitations (for example limits on height, size or location etc). Some permitted development rights are also in place for a limited period of time; these are set out in the relevant Parts in Schedule 2 to the General Permitted Development Order.

Special rules apply to permitted development rights where they relate to development specified in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. If the proposed development would fall into Schedule 1 or 2 of these regulations, it would only be permitted where a local planning authority has issued a screening opinion determining that the development is not environmental impact assessment development; or alternatively where the Secretary of State has directed that it is not environmental impact assessment development or that the development is exempt from the Environmental Impact Assessment Regulations. There are some specific exceptions to this general rule: Article 3(10) to (12) of the General Permitted Development Order provides more detail on this.

Special rules also apply to permitted development rights where development could have a significant effect on a Habitats site or a European Offshore Marine Site. These are sites of the sort described in regulation 8 of the Conservation of Habitats and Species Regulations 2017, which have been designated under processes set out in those regulations. Under article 3(1) of the General Permitted Development Order and regulations 73 to 76 of the Conservation of Habitats and Species Regulations 2017, a development must not be begun or continued before the developer has received written notice of the approval of the local planning authority.

Paragraph: 019 Reference ID: 13-019-20190722

Revision date: 22 07 2019 See previous version

Can permitted development rights be removed?

Permitted development rights can be removed by the local planning authority, either by means of a condition on a planning permission, or by means of an article 4 direction. The restrictions imposed will vary on a case by case basis and the specific wording of such conditions or directions.

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Revision date: 06 03 2014

Can local planning authorities tailor permitted development rights to their own circumstances?

Permitted development rights can be expanded via a Local Development Order or Neighbourhood Development Order, or they can be limited or withdrawn via an article 4 direction.

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Revision date: 06 03 2014

Is it necessary to apply for planning permission where there are permitted development rights?

Where a relevant permitted development right is in place, there is no need to apply to the local planning authority for permission to carry out that work. In a small number of cases, however, it may be necessary to obtain prior approval from a local planning authority before carrying out permitted development. Permitted development rights do not override the requirement to comply with other permission, regulation or consent regimes.

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Revision date: 06 03 2014

Is it necessary to contact the local planning authority before carrying out work under permitted development rights?

For the purposes of planning, contact with the local planning authority is generally only necessary before carrying out permitted development where:

prior approval from the local planning authority is required in advance of development
the neighbour consultation scheme applies (see below)
the local planning authority has a Community Infrastructure Levy in place which requires developers to contact the local planning authority before carrying out permitted development. Failure to do this may result in the local planning authority imposing a surcharge on a developer.
the permitted development rights require the developer to notify the local planning authority of a change of use

The relevant Parts in Schedule 2 to the General Permitted Development Order set out the procedures which must be followed when advance notification is required.

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Revision date: 06 03 2014

What if it’s not clear whether development is covered by permitted development rights?

If it is not clear whether works are covered by permitted development rights, it is possible to apply for a lawful development certificate for a legally binding decision from the local planning authority.

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Revision date: 06 03 2014

Is development carried out under the General Permitted Development Order liable to a Community Infrastructure Levy charge?

Development carried out using permitted development rights can be liable to pay a Community Infrastructure Levy charge. This depends on when development commences and whether there is a community levy charge in place. A developer would not be required to pay a charge where permitted development was commenced before 6 April 2013 or otherwise before a charging schedule was in effect. Where development is commenced after 6 April 2013 and a charging schedule is in place, they would be liable to pay a charge.

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Revision date: 06 03 2014

What is prior approval?

Prior approval means that a developer has to seek approval from the local planning authority that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in full in the relevant Parts in Schedule 2 to the General Permitted Development Order. A local planning authority cannot consider any other matters when determining a prior approval application.

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Revision date: 06 03 2014

What types of development require prior approval?

Prior approval is required for some change of use permitted development rights. Certain other types of permitted development including the erection of new agricultural buildings, demolition and the installation of telecommunications equipment also require prior approval. The matters which must be considered by the local planning authority in each type of development are set out in the relevant Parts of Schedule 2 to the General Permitted Development Order.

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Revision date: 06 03 2014

Is a prior approval application like a planning application?

The statutory requirements relating to prior approval are much less prescriptive than those relating to planning applications. This is deliberate, as prior approval is a light-touch process which applies where the principle of the development has already been established. Where no specific procedure is provided in the General Permitted Development Order, local planning authorities have discretion as to what processes they put in place. It is important that a local planning authority does not impose unnecessarily onerous requirements on developers, and does not seek to replicate the planning application system.

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Revision date: 06 03 2014

What kind of information will the developer have to supply in connection with a prior approval application?

This will vary according to the particular circumstances of the case, and developers may wish to discuss this with the local planning authority before submitting their application. Local planning authorities may wish to consider issuing guidance, taking into account local circumstances and advice provided by the relevant statutory consultees. For example, this could set out whether a flood risk assessment is likely to be required.

Paragraph: 029 Reference ID: 13-029-20140306

Revision date: 06 03 2014

What happens if a prior approval application is not determined by a local planning authority?

For some permitted development rights, including prior approval for certain changes of use, if the local planning authority does not notify the developer of their decision within the specified time period, the development can proceed. The relevant Parts in Schedule 2 to the General Permitted Development Order set out where this applies. Where this is not the case, non-determination can be appealed under section 78(2)(a) of the Town and Country Planning Act 1990.

Paragraph: 030 Reference ID: 13-030-20140306

Revision date: 06 03 2014

What is the neighbour consultation scheme?

The neighbour consultation scheme is a form of prior approval which only applies to larger single storey rear extensions to houses built under permitted development rights. A householder wishing to build such an extension will need to notify the local planning authority, who will then consult the adjoining neighbours in relation to the potential impact on amenity. If adjoining neighbours raise any objections, the local planning authority will make a decision on whether the impact on the amenity of adjoining properties is acceptable and hence whether the work can proceed.

Paragraph: 031 Reference ID: 13-031-20190722

Revision date: 22 07 2019 See previous version

Can a refusal of prior approval be appealed?

If an application for prior approval is refused, the applicant has a right to appeal the decision under section 78(1)(c) of the Town and Country Planning Act 1990. More information on this is available in guidance on planning appeals.

Paragraph: 032 Reference ID: 13-032-20140306

Revision date: 06 03 2014

What permitted development rights are time-limited?

There is a range of time-limited permitted development rights. Where these apply there are different types of time limit. One allows development to be retained permanently but requires that it is completed by a specified date. Others allow change of use development, but only for temporary periods of time.

The following change of use permitted development rights apply for temporary time periods:

subject to the transitional provisions identified above, the change of use of a building (apart from drinking establishments, including drinking establishments with expanded food provision and other uses not in a class, and the Class F2 Local Community use class) to a state-funded school for 2 academic years provided this has been approved by the minister with policy responsibility for schools. Where there is a temporary use of a building as a state-funded school, the building retains its original use or use class. It also retains any associated rights to change to a permanent state-funded school as permitted by Part 3 of Schedule 2 to the General Permitted Development Order;
the provision for buildings for a temporary state-funded school on certain previously vacant commercial land for up to 3 academic years provided this has been approved by the minister with policy responsibility for schools;
subject to the transitional provisions identified above, the change of use of a building from a use falling in Class E (commercial, business and service), a betting office, pay day loan shop or hot food takeaway to a flexible use falling within Class E (commercial, business and service), and certain Class F1 Learning and non-residential institutions) namely art gallery, museum, public library or exhibition hall for a single continuous period of up to 3 years.

Full details on all of the above can be found in the relevant Parts of Schedule 2 to the General Permitted Development Order.

Paragraph: 033 Reference ID: 13-033-20210820

Revision date: 20 08 2021 See previous version

What happens if physical building work or change of use is not completed by the date specified in the General Permitted Development Order?

If the physical development or the change of use is not completed by the date specified then enforcement action could be taken, or it may be necessary to make a planning application.

Paragraph: 034 Reference ID: 13-034-20140306

Revision date: 06 03 2014

Is it necessary to contact the local planning authority after completing work under permitted development?

Where the permitted development rights are time-limited (which means that the General Permitted Development Order specifies a date when the permitted development rights will expire), there is a requirement to notify the local planning authority when work has been completed. The relevant Parts in Schedule 2 to the General Permitted Development Order will specify when after development is completed the local planning authority should be notified.

Paragraph: 035 Reference ID: 13-035-20140306

Revision date: 06 03 2014

What is an article 4 direction?

An article 4 direction is a direction under article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area. An article 4 direction cannot be used to restrict changes between uses in the same use class of the Use Classes Order.

Paragraph: 036 Reference ID: 13-036-20140306

Revision date: 18 09 2020

What can an article 4 direction do?

Provided that there is justification for both its purpose and extent, an article 4 direction can:

remove specified permitted development rights related to operational development or change of use
remove permitted development rights with temporary or permanent effect

Paragraph: 037 Reference ID: 13-037-20210820

Revision date: 20 08 2021 See previous version

When is it appropriate to use article 4 directions?

The National Planning Policy Framework advises that all article 4 directions should be applied in a measured and targeted way. They should be based on robust evidence, and apply to the smallest geographical area possible.

Where an article 4 direction relates to a change from non-residential use to residential use, it should be limited to situations where an article 4 direction is necessary to avoid wholly unacceptable adverse impacts. In other cases, article 4 directions should be limited to situations where it is necessary to protect local amenity or the well-being of the area.

The potential harm that the article 4 direction is intended to address will need to be clearly identified, and there will need to be a particularly strong justification for the withdrawal of permitted development rights relating to:

a wide area (eg those covering a large proportion of or the entire area of a local planning authority, National Park or Area of Outstanding National Beauty)
an area extending beyond the essential core of a primary shopping area
agriculture and forestry development. Article 4 directions related to agriculture and forestry will need to demonstrate that permitted development rights pose a serious threat to areas or landscapes of exceptional beauty
cases where prior approval powers are available to control permitted development
the installation of microgeneration equipment

Paragraph: 038 Reference ID: 13-038-20210820

Revision date: 20 08 2021 See previous version

Can all permitted development rights be withdrawn by an article 4 direction?

Some permitted development rights cannot be removed via article 4 directions. These are set out in article 4(1) to (3) of the General Permitted Development Order. These exemptions are to ensure permitted development rights related to national concerns, safety, or maintenance work for existing facilities cannot be withdrawn.

Paragraph: 039 Reference ID: 13-039-20140306

Revision date: 06 03 2014

Does an article 4 direction mean that development is not allowed?

An article 4 direction only means that a particular development cannot be carried out under permitted development and therefore needs a planning application. This gives a local planning authority the opportunity to consider a proposal in more detail.

Paragraph: 040 Reference ID: 13-040-20140306

Revision date: 06 03 2014

Is a planning application fee payable where development that would otherwise have been permitted development requires a planning application?

Yes, a planning application fee may be payable. Details of planning fees are set out in the 2012 Fees Regulations, as amended.

Paragraph: 041 Reference ID: 13-041-20180222

Revision date: 22 02 2018 See previous version

Is compensation payable where permitted development rights have been withdrawn?

If a local planning authority makes an article 4 direction, it can be liable to pay compensation to those whose permitted development rights have been withdrawn, but only if it then subsequently:

refuses planning permission for development which would otherwise have been permitted development; or
grants planning permission subject to more limiting conditions than the General Permitted Development Order

The grounds on which compensation can be claimed are limited to abortive expenditure or other loss or damage directly attributable to the withdrawal of permitted development rights.

Paragraph: 042 Reference ID: 13-042-20140306

Revision date: 06 03 2014

Where is there more information on compensation?

Compensation provisions are set out in sections 107 and 108 of the Town and Country Planning Act 1990 and the Town and Country Planning (Compensation) (England) Regulations 2015 (as amended).

Paragraph: 043 Reference ID: 13-043-20140306

Revision date: 06 03 2014

Can an article 4 direction provide immediate protection?

Yes. There are 2 types of directions under the General Permitted Development Order: non-immediate directions and directions with immediate effect. An immediate direction can withdraw permitted development rights straight away; however they must be confirmed by the local planning authority within 6 months of coming into effect to remain in force. Confirmation occurs after the local planning authority has carried out a local consultation.

Paragraph: 044 Reference ID: 13-044-20140306

Revision date: 06 03 2014

When can an immediate direction be used?

The circumstances in which an immediate direction can restrict development are limited. Immediate directions can be made in relation to development permitted by Parts 1 to 4 and 11 of Schedule 2 to the General Permitted Development Order, where the development presents an immediate threat to local amenity or prejudices the proper planning of an area. Immediate directions can also be made in relation to certain types of development in conservation areas. In all cases the local planning authorities must have already begun the consultation processes towards the making a non-immediate article 4 direction.

Paragraph: 045 Reference ID: 13-045-20140306

Revision date: 06 03 2014

Can development continue if an article 4 direction is made where work has already started?

Article 4 directions cannot prevent development which has been commenced, or which has already been carried out.

Paragraph: 046 Reference ID: 13-046-20140306

Revision date: 06 03 2014

What are the procedures for making an article 4 direction?

The procedures for making an article 4 direction are set out in schedule 3 of the General Permitted Development Order.

Paragraph: 047 Reference ID: 13-047-20140306

Revision date: 06 03 2014

Can an article 4 direction be modified or cancelled?

A local planning authority can cancel an article 4 direction by making a subsequent direction. A direction can be modified by cancelling the existing direction and replacing it with a new one. In both cases the normal procedures for making an article 4 direction apply.

Paragraph: 048 Reference ID: 13-048-20140306

Revision date: 06 03 2014

Can an article 4 direction remain in place permanently once it has been confirmed?

An article 4 direction can remain in place permanently once it has been confirmed. However, it is important for local planning authorities to monitor any article 4 directions regularly to make certain that the original reasons the direction was made remain valid. Where an article 4 direction is no longer necessary it can be cancelled.

Paragraph: 049 Reference ID: 13-049-20140306

Revision date: 06 03 2014

Does an article 4 direction have to be submitted to the Secretary of State?

A local planning authority must, as soon as practicable after confirming an article 4 direction, inform the Secretary of State via the Planning Casework Unit. The Secretary of State does not have to approve article 4 directions, and will only intervene when there are clear reasons for doing so.

Paragraph: 050 Reference ID: 13-050-20140306

Revision date: 06 03 2014

What powers does the Secretary of State have?

The Secretary of State has the power to modify or cancel article 4 directions at any time before or after they are made, with the following exceptions:

directions relating to listed buildings or within their curtilage may not be modified;
directions relating to buildings notified as of architectural or historic interest may not be modified; and
directions relating to certain development in conservation areas may not be cancelled or modified

The Secretary of State will not use their powers unless there are clear reasons why intervention at this level is necessary.

Paragraph: 051 Reference ID: 13-051-20190722

Revision date: 22 07 2019 See previous version

Can an article 4 direction be used to withdraw permitted development rights for statutory undertakers?

In exceptional circumstances, when an authority considers that normal planning controls should apply, article 4 directions can be used to withdraw permitted development rights for statutory undertakers, except if it is development which falls into article 4(2) or 4(3) of the General Permitted Development Order.

Paragraph: 052 Reference ID: 13-052-20140306

Revision date: 06 03 2014

Can an article 4 direction be used to withdraw permitted development rights for Crown development?

In exceptional circumstances when an authority considers that normal planning controls should apply, article 4 directions can be used to withdraw permitted development rights for Crown development, with the exception of the Crown development specified in article 4(2) of the General Permitted Development Order.

Paragraph: 053 Reference ID: 13-053-20140306

Revision date: 06 03 2014

Are there permitted development rights for change of use?

Yes. The General Permitted Development Order gives a national grant of planning permission to some changes of use.

Paragraph: 054 Reference ID: 13-054-20140306

Revision date: 06 03 2014

Do permitted development rights for change of use also allow for physical development?

Where associated physical development is required to implement the change of use, developers will need to consider whether it constitutes development and ensure they have planning permission if necessary. Some permitted development rights for change of use allow for limited physical works to carry out the change. Full details can be found in Part 3 of Schedule 2 to the General Permitted Development Order.

Paragraph: 055 Reference ID: 13-055-20140306

Revision date: 06 03 2014

After change of use has taken place, do buildings have the permitted development rights associated with the new use?

It varies as to whether, after change of use has taken place, buildings have the permitted development rights associated with the new use. Details are set out in the General Permitted Development Order. In most cases the associated permitted development rights cannot be exercised until the change of use has taken place.

Paragraph: 056 Reference ID: 13-056-20140306

Revision date: 06 03 2014

Do any permitted development rights for change of use require prior approval?

Prior approval is required for some permitted development rights for change of use.

Full details can be found in Part 3 of Schedule 2 to the General Permitted Development Order.

Paragraph: 057 Reference ID: 13-057-20140306

Revision date: 06 03 2014

Are there permitted development rights for reusing an agricultural building?

There is a range of permitted development rights to support the re-use of agricultural buildings and land within their curtilage. These permitted development rights are set out in Classes Q, R and S, of Part 3 of Schedule 2 (changes of use) to the Town and Country Planning (General Permitted Development) (England) Order 2015.

View further details of the permitted development rights for the change of use of agricultural buildings.

Paragraph: 100 Reference ID: 13-100-20150305

Revision date: 05 03 2015

Paragraph removed.

Paragraph: 058 Reference ID: 13-058-20190722

Revision date: 22 07 2019 See previous version

Are there any permitted development rights which allow movement between uses that require full local consideration?

There are permitted development right allowing movement between some uses that require full local consideration (sui generis) and other uses. Details can be found in Part 3 of Schedule 2 to the General Permitted Development Order.

Paragraph: 059 Reference ID: 13-059-20140306

Revision date: 18 09 2020

Do I need to apply for planning permission to demolish a building or structure?

Planning permission may be required to demolish a building. If planning permission is not required, you may still be required to seek prior approval from the local planning authority before demolishing a building. There are a number of factors that determine what permission or prior approval you will need before demolishing a building which are explained below.

Paragraph: 060 Reference ID: 13-060-20140306

Revision date: 06 03 2014

Do I need to apply for planning permission to demolish a pub?

An application for planning permission is required for the demolition of any pub, wine-bar or other drinking establishment, including those with an expanded food offer.

Paragraph: 117 Reference ID: 13-117-20180222

Revision date: 18 09 2020

Do I need to apply for planning permission to demolish a statue, memorial or monument?

The demolition of outdoor statues, memorials and monuments may require planning permission depending on how long they have been in place and whether they are located in or outside a conservation area. Further detail is set out in the table below.

The demolition of indoor statues, memorials and monuments is not development and does not require planning permission.

Irrespective of any requirement to obtain planning permission, the demolition of a statue, memorial or monument which is:

a listed building will require listed building consent;
a scheduled monument will require scheduled monument consent

and it is an offence to demolish these without first obtaining the necessary consent.

The demolition of the whole or any part of buildings which are, or include, statues, memorials and monuments, not covered by section 75(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990) is considered to be ‘relevant demolition’. It is an offence under section 196D of the Town and Country Planning Act 1990 to demolish such a statue, memorial, monument without first obtaining planning permission.

In a conservation area:

Proposal	Is it relevant demolition?	Application for planning permission required?	Permitted development under Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) *See note below table
1. Demolition of the whole or part of any unlisted statue, memorial, monument of 115 cubic metres or more (regardless of how long it has been in place) or a pre-1925 tombstone See note	Yes	Yes	No
2. Demolition of the whole of an unlisted statue, memorial or monument of less than 115 cubic metres (other than a pre-1925 tombstone) which has been in place for at least 10 years	No	Yes	No
3. Demolition of the whole of an unlisted statue, memorial or monument of less than 115 cubic metres which has been in place for less than 10 years	No	No	Yes – see Class B, Part 11
4. Demolition of part of a statue, memorial or monument which is a building in its own right and is less than 115 cubic metres (regardless of how long it has been in place)	No	If it materially affects the external appearance of the building	No
5. Demolition of a statue, memorial or monument which is part of a larger building which is less than 115 cubic metres (regardless of how long it has been in place)	No	If it materially affects the external appearance of the building	Permitted development rights which allow the alteration of certain buildings may apply - see Schedule 2

Outside a conservation area

Proposal	Is it relevant demolition?	Application for planning permission required?	Permitted development under Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) *See note below table
6. Demolition of the whole of a building which is a statue, memorial or monument where it has been in place for at least 10 years on the proposed date of demolition and is not: (a) a listed building (b) a scheduled monument (c) within a cemetery, on consecrated land, or within the curtilage of a place of public worship (d) within the grounds of a museum or art gallery; or (e) within the curtilage of a dwellinghouse (for these purposes this includes houses and flats but excludes educational residential accommodation)	No	Yes	No
7. Demolition of the whole of a building which is a statue, memorial or monument where it has been in place for at least 10 years on the proposed date of demolition and is: (a) a listed building (b) a scheduled monument (c) within a cemetery, on consecrated land, or within the curtilage of a place of public worship (d) within the grounds of a museum or art gallery; or (e) within the curtilage of a dwellinghouse (for these purposes this includes houses and flats but excludes educational residential accommodation)	No	No	Yes – see Class B, Part 11
8. Demolition of the whole of a building which is a statue, memorial or monument and which has been in place for less than 10 years on the proposed date of demolition	No	No	Yes – see Class B, Part 11
9. Demolition of part of a statue, memorial or monument which is a building in its own right	No	If it materially affects the external appearance of the building	No
10. Demolition of a statue, memorial or monument which is part of a larger building	No	If it materially affects the external appearance of the building	Permitted development rights which allow the alteration of certain buildings may apply - see Schedule 2

*However, the proposal may require prior approval from the local planning authority.

Paragraph: 125 Reference ID: 13-125-20210427

Do I need planning permission to demolish a plaque?

The demolition of a plaque would require an application for planning permission where it materially affects the external appearance of the building.

Irrespective of whether planning permission is required or not, the demolition of a plaque which is a listed building would require listed building consent. It is an offence to demolish a listed plaque without first obtaining the necessary consent.

Paragraph: 126 Reference ID: 13-126-20210427

(a) Is demolition required as part of the redevelopment of the site?

Where the demolition of one or more buildings is required as part of a redevelopment, details of the demolition can be included in the planning application. This will give the local planning authority the opportunity to consider demolition alongside other aspects of the development. Where appropriate, the local planning authority may impose conditions on demolition if planning permission is granted.

Paragraph: 061 Reference ID: 13-061-20140306

Revision date: 06 03 2014

(b) Is the scale of demolition proposed such that an Environmental Impact Assessment is required?

In some instances the scale of demolition alone may trigger the requirement for an environmental impact assessment. See guidance on Environmental Impact Assessment. If demolition does trigger the need to carry out an Environmental Impact Assessment then you will need to apply for planning permission.

Paragraph: 062 Reference ID: 13-062-20140306

Revision date: 06 03 2014

(c) Are the buildings or structures to be demolished in a conservation area?

Buildings or structures which are in a conservation area are subject to stricter controls over demolition than when buildings are outside of a conservation area. Under section 196D of the Town and Country Planning Act 1990 it is an offence to undertake “relevant demolition” of an unlisted building in a conservation area without the necessary planning permission.

(c1) What permissions/approvals are required for demolition in a conservation area?
(c2) What permissions/approvals are required for demolition outside conservation areas?

Paragraph: 063 Reference ID: 13-063-20140306

Revision date: 06 03 2014

(c1) What permissions/prior approvals are required for demolition in a conservation area?

The position on the demolition of statues, memorials and monuments is set out in paragraph 125.

The demolition of other buildings in conservation areas requires an application for planning permission to be made to the local planning authority, except that:

a) buildings with a volume not exceeding 50 cubic metres can be demolished without planning permission because this does not amount to development having regard to the provisions of the Town and Country Planning (Demolition – Description of Buildings) Direction 2021.

b) demolition of buildings and structures listed in the Conservation Areas (application of section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990) Direction 2015, including:

any building with a volume of under 115 cubic metres (not included in (a) above); and
any gate, fence, wall or other means of enclosure less than 1 metre high where abutting a highway (including a public footpath or bridleway), waterway or open space; or less than 2 metres high in any other case;

is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. No planning application is required because planning permission for the demolition is granted by the Order, subject to conditions set out in Part 11. For example, the prior approval of the local planning authority may be required as to the method of demolition and the proposed restoration of the site.

Note – demolition is not permitted by Part 11 where the building has been rendered unsafe or uninhabitable by the action or inaction of anyone having an interest in the land on which the building stands, and can be made secure through repair or temporary support.

No planning permission or prior approval is required for the demolition of listed buildings or scheduled ancient monuments. However, works to listed buildings may require listed building consent and works to scheduled monuments may require scheduled monument consent.

It is an offence under section 196D of the Town and Country Planning Act 1990 to undertake “relevant demolition” of an unlisted building in a conservation area without the necessary planning permission.

Paragraph: 064 Reference ID: 13-064-20190722

Revision date: 22 07 2019 See previous version

(c2) What permissions/prior approvals are required for demolition outside conservation areas?

The position on the demolition of statues, memorials and monuments is set out in paragraph 125.

The demolition of any other building, apart from a pub, wine-bar or other drinking establishment, outside conservation areas is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. No planning application is required because planning permission for the demolition is granted by the Order, subject to conditions set out in Part 11. For example, the prior approval of the local planning authority may be required as to the method of demolition and the proposed restoration of the site.

Note – demolition is not permitted by Part 11 where the building has been rendered unsafe or uninhabitable by the action or inaction of anyone having an interest in the land on which the building stands, and can be made secure through repair or temporary support.

No application for planning permission or prior approval is required to demolish:

any building with a volume of under 50 cubic metres; and
the whole or any part of any gate, fence, wall or other means of enclosure;

because these changes are not development having regard to the provisions of the Town and Country Planning (Demolition – Description of Buildings) Direction 2021.

No application for planning permission or prior approval is required for the demolition of listed buildings or scheduled ancient monuments. However, works to listed buildings may require listed building consent and works to scheduled monuments may require scheduled monument consent.

Paragraph: 065 Reference ID: 13-065-20190722

Revision date: 18 09 2020 See previous version

(d) Why doesn’t the demolition of listed buildings and scheduled ancient monuments require planning permission or prior approval?

An application for planning permission or prior approval is not required for the demolition of a listed building or scheduled ancient monument. This is because demolition of these types of building/structures is controlled by separate consent regimes. It is important to speak to your local planning authority before undertaking any demolition in relation to these types of building or structures to be clear on what consent processes apply.

Paragraph: 066 Reference ID: 13-066-20140306

Revision date: 06 03 2014

How do I get prior approval for demolition?

Before undertaking demolition which is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, you must apply to the local planning authority, providing a written description of the proposed demolition. At the same time you must put up a site notice about the proposed demolition. The local planning authority will then determine whether prior approval is required for the method of demolition and any proposed restoration of the site. The local planning authority may then grant or refuse the prior approval. If, within 28 days of your application, the local planning authority has given no indication of whether prior approval is required or not, the demolition may begin without prior approval.

Paragraph: 067 Reference ID: 13-067-20140306

Revision date: 06 03 2014

Does a statutory undertaker have to notify a local planning authority before carrying out work under permitted development?

Not unless it is a condition in a relevant class in Schedule 2 to the General Permitted Development Order that a statutory undertaker should give notice to a local planning authority before carrying out permitted development. However, if development is likely to have a significant local effect then, to provide fair warning to persons likely to be affected (including other statutory undertakers), it is advisable to discuss the intended work with the local planning authority.

Paragraph: 068 Reference ID: 13-068-20140306

Revision date: 06 03 2014

When notified by a statutory undertaker of an intention to carry out permitted development, are local planning authorities required to publicise the development?

Statutory undertakers carrying out development under permitted development rights are not subject to the same publicity requirements as a full planning application. However, public consultation may be beneficial if development is expected to have a particularly significant impact. In such instances consultation could be initiated by either the local planning authority or the statutory undertaker. Any consultation will need to allow adequate time to consider representations and, if necessary, amend proposals.

Paragraph: 069 Reference ID: 13-069-20140306

Revision date: 06 03 2014

What permitted development rights are there for fixed and mobile telecommunications?

Part 16 of Schedule 2 to the General Permitted Development Order specifies what permitted development rights there are for fixed and mobile telecommunications. This part also sets out what exceptions, limitations, and conditions apply to these permitted development rights.

Paragraph: 070 Reference ID: 13-070-20140306

Revision date: 06 03 2014

Is there any guidance for the siting and design of fixed and mobile electronic telecommunications equipment?

To ensure the siting and design of fixed and mobile electronic telecommunications equipment is acceptable, sector-led codes of best practice have been published.

Cabinet Siting and Pole Siting Code of Practice - revised in November 2016.

Paragraph: 071 Reference ID: 13-071-20170728

Revision date: 28 07 2017 See previous version

What is the status of the government’s 2002 code of best practice for mobile phone network development?

The 2002 code of best practice has been superseded and replaced by a new code of best practice issued in July 2013.

Paragraph: 072 Reference ID: 13-072-20140306

Revision date: 06 03 2014

Are there any other regulations that fixed and mobile operators have to adhere to?

In addition to the permitted development rights for both fixed and mobile electronic telecommunications, operators are required by regulation 5 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 to notify local planning authorities of their intention to install equipment.

Paragraph: 073 Reference ID: 13-073-20140306

Revision date: 06 03 2014

What permitted development rights are there for the installation of domestic and non-domestic microgeneration equipment?

Part 14 of Schedule 2 to the General Permitted Development Order specifies what permitted development rights there are for domestic and non-domestic microgeneration equipment. This part also sets out what exceptions, limitations, and conditions apply to these permitted development rights.

Part 14 defines the term ‘microgeneration’ by reference to section 82(6) of the Energy Act 2004.

Paragraph: 074 Reference ID: 13-074-20140306

Revision date: 06 03 2014

Permitted development rights for the change of use of agricultural buildings

What new uses can an agricultural building change to?

There are 3 main uses to which an agricultural building can change under permitted development rights. They are to:

a flexible use
a state funded school
a residential use

There are size thresholds, limitations and conditions associated with the rights.

Paragraph: 101 Reference ID: 13-101-20210820

Revision date: 20 08 2021 See previous version

What are the flexible uses?

Subject to a number of conditions and restrictions, agricultural buildings and land in their curtilage may convert to a “flexible use” under Class R of Part 3. Flexible use means any use falling within Class B8 (storage or distribution), Class C1 (hotels) or Class E (commercial business and service) use classes. Registered nurseries fall within Class E (commercial, business and service) which means that agricultural buildings can be used as a nursery within this flexible use.

The size thresholds, limitations and conditions are set out at Class R of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

Paragraph: 102 Reference ID: 13-102-20210820

Revision date: 20 08 2021 See previous version

What is the provision for state funded schools?

Subject to a number of conditions and restrictions, agricultural buildings and land may convert to a “state-funded school”.

A state-funded school is a school funded wholly or mainly from public funds, including:

an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010(d)
a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998(e)

The size thresholds, limitations and conditions are set out at Class S of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

Paragraph: 103 Reference ID: 13-103-20210820

Revision date: 20 08 2021 See previous version

What are the residential uses?

Subject to a number of conditions and restrictions, agricultural buildings and land within their curtilage may convert to a use falling within Class C3 of the Schedule to the Use Classes Order 1987 (dwelling houses). These conditions and restrictions are set out in Class Q of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.

The right allows for a maximum number for the following types of houses:

up to 3 larger homes, to be greater than 100 square metres, and within an overall floorspace of 465 square metres; or
up to 5 smaller homes each no greater than 100 square metres; or
up to 5 homes comprising a mixture of larger and smaller homes, with neither exceeding the thresholds for each type of home.

The right requires that for larger homes each of the 3 homes has to be larger than 100 square metres in residential use and allows for up to 1 home of 465 square metres in residential use. For smaller homes the right requires that a home can have no more than 100 square metres of floor space in residential use. Development of dwelling houses other than those defined as “larger” or “smaller” is not allowed under Class Q. In calculating the number of new homes allowed under the right any existing homes within the established agricultural unit not granted permission under Class Q should be discounted.

Paragraph: 104 Reference ID: 13-104-20180615

Revision date: 15 06 2018 See previous version

What works are permitted under the Class Q permitted development right for change of use from an agricultural building to residential use?

The right allows either the change of use (a), or the change of use together with reasonably necessary building operations (b). Building works are allowed under the right permitting agricultural buildings to change to residential use: Class Q of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015. However, the right assumes that the agricultural building is capable of functioning as a dwelling. The right permits building operations which are reasonably necessary to convert the building, which may include those which would affect the external appearance of the building and would otherwise require planning permission. This includes the installation or replacement of windows, doors, roofs, exterior walls, water, drainage, electricity, gas or other services to the extent reasonably necessary for the building to function as a dwelling house; and partial demolition to the extent reasonably necessary to carry out these building operations. It is not the intention of the permitted development right to allow rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use. Therefore it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right.

For a discussion of the difference between conversions and rebuilding, see for instance the case of Hibbitt and another v Secretary of State for Communities and Local Government (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin).

Internal works are not generally development. For the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, the insertion of a mezzanine or upper floors within the overall residential floor space permitted, or internal walls, which are not prohibited by Class Q.

Paragraph: 105 Reference ID: 13-105-20180615

Revision date: 15 06 2018 See previous version

Are there any limitations to the change to residential use?

There are some limitations to the change to residential use. The Class Q rights cannot be exercised where works to erect, extend or alter a building for the purposes of agriculture under the existing agricultural permitted development rights have been carried out on the established agricultural unit since 20 March 2013, or within 10 years before exercising the change to residential use, whichever is the lesser. The agricultural permitted development rights to erect, extend or alter a building are set out in Class A (a) or Class B (a) of Part 6 of Schedule 2 to the General Permitted Development Order, as amended (agricultural buildings and operations).

In addition, the site must have been used solely for an agricultural use, as part of an established agricultural unit, on 20 March 2013, or if it was not in use on that date, when it was last in use. If the site was brought into use after 20 March 2013, then it must have been used solely for an agricultural use, as part of an established agricultural unit, for 10 years before the date the development begins. If there is an agricultural tenancy in place, there are separate arrangements set out in Class Q.

Paragraph: 106 Reference ID: 13-106-20180615

Revision date: 15 06 2018 See previous version

Are there any conditions attached to the change to residential use?

There are some conditions attached to the change to residential use. Before beginning the development, an individual will need to apply to the local planning authority for a determination as to whether its prior approval is necessary. This prior approval will be in respect of transport, highways and noise impacts of the development, and also as to the flooding and contamination risks on the site, and whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwelling house. In addition, applicants will need to check whether the prior approval of the authority will be required as to the design or external appearance of the building.

The procedure for prior approval is set out in the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. This procedure was amended in April 2014 to make clear that the local planning authority must only consider the National Planning Policy Framework to the extent that it is relevant to the matter on which prior approval is sought, for example, transport, highways, noise etc.

Paragraph: 107 Reference ID: 13-107-20150305

Revision date: 05 03 2015

Is there a sustainability prior approval for the change to residential use?

The permitted development right does not apply a test in relation to sustainability of location. This is deliberate as the right recognises that many agricultural buildings will not be in village settlements and may not be able to rely on public transport for their daily needs. Instead, the local planning authority can consider whether the location and siting of the building would make it impractical or undesirable to change the use to residential.

Paragraph: 108 Reference ID: 13-108-20150305

Revision date: 05 03 2015

What is meant by impractical or undesirable for the change to residential use?

Impractical or undesirable are not defined in the regulations, and the local planning authority should apply a reasonable ordinary dictionary meaning in making any judgment. Impractical reflects that the location and siting would “not be sensible or realistic”, and undesirable reflects that it would be “harmful or objectionable”.

When considering whether it is appropriate for the change of use to take place in a particular location, a local planning authority should start from the premise that the permitted development right grants planning permission, subject to the prior approval requirements. That an agricultural building is in a location where the local planning authority would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval.

There may, however, be circumstances where the impact cannot be mitigated. Therefore, when looking at location, local planning authorities may, for example, consider that because an agricultural building on the top of a hill with no road access, power source or other services its conversion is impractical. Additionally the location of the building whose use would change may be undesirable if it is adjacent to other uses such as intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals.

When a local authority considers location and siting in this context it will not therefore be appropriate to apply tests from the National Planning Policy Framework except to the extent these are relevant to the subject matter of the prior approval. So, for example, factors such as whether the property is for a rural worker, or whether the design is of exceptional quality or innovative, are unlikely to be relevant.

Paragraph: 109 Reference ID: 13-109-20150305

Revision date: 05 03 2015

Permitted development rights to extend buildings upwards

What permitted development rights are there for existing buildings to be extended upwards?

There are permitted development rights which allow certain existing buildings to be extended upwards by up to 2 storeys in order to create new homes and to extend existing homes. These permitted development rights are subject to prior approval and require a fee.

To create new self-contained homes, up to 2 storeys may be added to existing freestanding purpose-built blocks of flats and freestanding blocks in certain commercial uses, as long as the existing block is at least 3 storeys high.

New homes can also be created by building additional storeys on top of buildings in certain commercial uses, which are part of a terrace of 2 or more buildings. Buildings of 2 storeys or more may add up to 2 additional storeys and single storey buildings may add 1 additional storey.

Existing houses which are detached or part of a terrace (including those which are semi-detached) may be extended upwards, to create new homes or to extend existing homes. Houses of 2 storeys or more may add up to 2 additional storeys and single storey houses may add 1 additional storey.

These permitted development rights are subject to height limits for the extended buildings on completion.

Further details can be found in the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 and the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020.

Paragraph: 119 Reference ID: 13-119-20210820

Revision date: 20 08 2021 See previous version

What commercial uses can buildings be in to benefit from the permitted development rights to extend existing buildings upwards?

The permitted development rights to extend upwards apply to qualifying buildings in the following commercial uses – Class A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), B1(a) (offices), betting offices, pay day loan shops and launderettes as set out in the 1987 Use Classes Order in force on 5 March 2018. . The rights also apply to buildings which have a mix of these commercial uses, and to buildings in which there is a mix of these commercial uses together with residential use (Class C3).

Further details can be found in the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 and the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020.

Paragraph: 120 Reference ID: 13-120-20210820

Revision date: 20 08 2021 See previous version

What height restrictions are there for extending upwards using these permitted development rights?

To protect the amenity of the neighbourhood the permitted development rights to extend upwards contain height restrictions for the extended buildings on completion.

The permitted development rights for upwards extensions allow freestanding blocks to be extended upwards by up to 2 storeys, to a height which must not exceed 30 metres on completion. The height of the roof of the extended building must be no more than 7 metres higher than the existing roof.

For upwards extensions to detached houses there is a maximum height of 18 metres, and the height of the roof of the extended building must be no more than 7 metres higher than the existing roof for a 2 storey extension and no more than 3.5 metres higher than the existing roof for a 1 storey extension.

For upwards extensions to houses and commercial buildings which are part of a terrace, there is a maximum height of 18 metres, and the height of the roof of the extended building must be no more than 7 metres higher than the existing roof for a 2 storey extension and no more than 3.5 metres higher than the existing roof for a 1 storey extension. In addition, the height of the roof of the extended building must be no more than 3.5 metres higher than the next tallest building in the terrace.

Paragraph: 121 Reference ID: 13-121-20200918

Revision date: 18 09 2020

Is prior approval required to extend a building upwards?

There is a requirement to obtain prior approval from the local authority before the proposed development to extend a building upwards to create additional homes can take place. The prior approval will enable consideration of the following planning issues which are raised by the proposed development, so that the development does not significantly affect the neighbourhood:

transport and highways impacts;
air traffic and defence asset impacts;
flooding risks in relation to the building;
contamination risks in relation to the building;
the external appearance of the building, which for buildings in commercial uses which are freestanding or in a terrace and for detached and terraced houses includes
the design and architectural features of the principal elevation and any side elevation that fronts a highway and
the impact of works for the construction of appropriate and safe access and egress and of storage, waste or other ancillary facilities;
the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
impact on the amenity of the existing building and neighbouring premises, including overlooking, privacy and the loss of light; and
whether the development will impact on a protected view identified in the Directions Relating to Protected Vistas issued by the Secretary of State.

For buildings in commercial uses which are freestanding or in a prior approval consideration is also required for:

impacts of noise from any commercial premises on the intended occupiers of the new dwellinghouses; and
Impacts on any trade, business or other use of land in an area of the introduction of, or an increase in, a residential use of premises in the area.

Where in relation to Classes A and AA of Part 20, the development meets the fire risk condition (i.e. two or more dwellinghouses in buildings of 7 or more storeys or that are 18 metres or more in height), prior approval is additionally required in respect of the fire safety impact on the intended occupiers of the building.

Where an existing home is being extended to provide additional living space prior approval is required for:

impact on the amenity of neighbouring premises, including overlooking, privacy and the loss of light;
the external appearance of the building, including consideration of the design and architectural features of the principal elevation and any side elevation that fronts a highway;
air traffic and defence asset impacts of the development; and
whether the development will impact on a protected view identified in the Directions Relating to Protected Vistas issued by the Secretary of State.

Prior approval fees are required.

Given the potential impact on neighbours during the construction of the additional storeys and any engineering works to strengthen the building, the developer must prepare a report for the local planning authority setting out the proposed hours of operation and how they intend to minimise any adverse impacts of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises before commencing works. This is required for development under the permitted development rights to extend freestanding blocks of flats; freestanding blocks and buildings that are part of a terrace in certain commercial uses; houses which are part of a terrace to create additional homes and to extend houses to create additional space.

Paragraph: 122 Reference ID: 13-122-20210820

Revision date: 20 08 2021 See previous version

If the local authority does not grant prior approval for extending upwards within the statutory time period can the development proceed?

The local planning authority is required to make a decision on an application for prior approval to extend upwards within 8 weeks. Development cannot commence before prior approval has been granted. Where a decision has not been made within 8 weeks, there is a right of appeal to the Secretary of State for non-determination of the prior approval application. However, an applicant may choose to continue to wait for the local authority to make a decision, out of time, rather than pursue an appeal. The prior approval issues will be considered during the appeal process.

Paragraph: 123 Reference ID: 13-123-20200918

Revision date: 18 09 2020

Do the permitted development rights for upwards extensions apply in all areas, to all buildings and in all circumstances?

In order to maintain protected areas and premises, permitted development rights to extend buildings upwards do not apply in National Parks, Conservation Areas, the Broads, Areas of Outstanding Natural Beauty and sites of special scientific interest. In addition, these permitted development rights do not apply to listed buildings or scheduled monuments, or land within their curtilage.

The permitted development rights are also subject to safeguards in respect of aerodromes, safety hazard areas, military explosive storage areas, air traffic, defence assets and protected vistas in London. Issues arising from these matters will be considered as part of the prior approval application. Further details can be found in Part 20 of Schedule 2 to the General Development Permitted Order 2015 (as amended) in the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 and the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020.

Buildings in use as houses of multiple occupation (Class C4) do not benefit from these permitted development rights, and the new homes created cannot be used as houses in multiple occupation.

Where the permitted development rights to extend upwards do apply to a particular development, consents under other regimes, such as building regulations, will be required where applicable. A letter has been issued to building control bodies reminding them of the building and fire safety requirements where additional residential storeys are added. It is the developer’s responsibility to ensure that the necessary permissions, consents and permits are obtained.

Paragraph: 124 Reference ID: 13-124-20200918

Revision date: 18 09 2020

What types of area-wide local planning permission are there?

Permitted development rights are set nationally, and apply across the whole of England. However there are other locally focused tools which can be used by a local planning authority to grant planning permission for development in their geographic area. These tools are:

Paragraph: 075 Reference ID: 13-075-20140306

Revision date: 06 03 2014

What is a Local Development Order?

Local Development Orders are made by local planning authorities and give a grant of planning permission to specific types of development within a defined area. They streamline the planning process by removing the need for developers to make a planning application to a local planning authority. They create certainty and save time and money for those involved in the planning process.

Paragraph: 076 Reference ID: 13-076-20140306

Revision date: 06 03 2014

What land area can a Local Development Order cover?

A Local Development Order can cover a geographical area of any size; however, Local Development Orders cannot cross local authority boundaries. Two or more local planning authorities may wish to co-implement or co-consult on cross-boundary Local Development Orders, but each individual authority must adopt their own Local Development Order.

Paragraph: 077 Reference ID: 13-077-20140306

Revision date: 06 03 2014

Are Local Development Orders permanent or time-limited?

Local Development Orders are very flexible tools, and it may be appropriate for them to be either permanent or time-limited, depending on their aim and local circumstances. For example, Local Development Orders in fast-developing areas may be time-limited so that they can be easily revised and updated in the future, while Local Development Orders which extend permitted development rights in established areas may be permanent.

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Revision date: 06 03 2014

Local Development Orders do not remove or supersede any local authority planning permission (or permission granted on appeal) or permitted development rights which are already in place. Equally, they do not prevent a planning application being submitted to a local planning authority for development which is not specified in the Order.

Local Development Orders only grant planning permission, and do not remove the need to comply with other relevant legislation and regulations.

Paragraph: 079 Reference ID: 13-079-20140306

Revision date: 06 03 2014

What restrictions are there on the use of Local Development Orders?

Regulation 80 of the Conservation of Habitats and Species Regulations 2017 (as amended) states that from 28 December 2018 a Local Development Order cannot grant planning permission for development which is likely to have a significant effect on a European Site or European Offshore Marine Site, referred to as habitats sites in the National Planning Policy Framework (either alone or in combination with other plans and projects), where it is not directly connected with or necessary to the management of the site, unless a competent authority has given consent, permission, or other authorisation in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017.

Where a new habitats site is designated, competent authorities must undertake a new habitats regulations assessment if one has not previously been undertaken or unless the Local Development Order was completed before the site became a habitats site or before 28 December 2018.

Regulation 32 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 provides special rules for Local Development Orders relating to development that would fall within Schedule 2 to those Regulations. The local planning authority or the Secretary of State must first screen the proposed development to identify its likely environmental effects.

If screening identifies that development is not likely to give rise to any significant environmental effects then no further work is required and the development can be permitted by means of a Local Development Order. Where screening identifies that the proposed development is likely to have a significant environmental effect, the development may still be permitted by means of a Local Development Order, however, the local planning authority must first produce an Environmental Statement and then take this environmental information into consideration in their decision on the Local Development Order.

Paragraph: 080 Reference ID: 13-080-20190315

Revision date: 15 03 2019 See previous version

What are the procedures for making a Local Development Order?

The procedures for making a Local Development Order are set out in sections 61A to 61D and Schedule 4A of the Town and Country Planning Act 1990, as amended, and articles 38 and 41 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

The Growth and Infrastructure Act 2013 simplified the Local Development Order process by removing the requirement for the local planning authority to submit the order to the Secretary of State before adoption for consideration of whether to intervene.

This was replaced by a requirement to notify the Secretary of State, via the Planning Casework Unit, as soon as practicable after adoption.

The Act also removed the requirement for Local Development Orders to be reported on as part of Authorities’ Monitoring Reports.

Paragraph: 081 Reference ID: 13-081-20140306

Revision date: 06 03 2014

Can Local Development Orders be revoked or modified?

A local planning authority can revoke a Local Development Order at any time. If a local planning authority wishes to modify a Local Development Order, re-consultation may be required. The Secretary of State can also require the revision of a Local Development Order by the local planning authority at any point before or after its adoption.

Paragraph: 082 Reference ID: 13-082-20140306

Revision date: 06 03 2014

Can conditions be attached to Local Development Orders?

A local planning authority is able to impose planning conditions on a Local Development Order in much the same way as the Secretary of State can impose conditions on permitted development rights in the General Permitted Development Order. Some of the conditions imposed in a Local Development Order may be similar to conditions that may be imposed on a normal grant of planning permission. It is important to avoid imposing excessive numbers of conditions on Local Development Orders. The purpose of Local Development Orders is to simplify and speed up local planning, and this is likely to be undermined by placing overly onerous burdens on developers.

Paragraph: 083 Reference ID: 13-083-20140306

Revision date: 06 03 2014

Can section 106 planning obligations be required under a local development order?

Section 106 planning obligations cannot be required under a Local Development Order; however, this does not prevent section 106 agreements being offered by a developer. For example, if a condition attached to a Local Development Order requires mitigation of an impact from development then a section 106 agreement could be used to secure this.

Paragraph: 084 Reference ID: 13-084-20140306

Revision date: 06 03 2014

Is development carried out under a Local Development Order subject to a Community Infrastructure Levy charge?

Development carried out under a local development order may be liable to pay a Community Infrastructure Levy charge where one applies.

Paragraph: 085 Reference ID: 13-085-20140306

Revision date: 06 03 2014

What is a Neighbourhood Development Order?

A Neighbourhood Development Order can be used in designated neighbourhood areas to grant planning permission for development specified in the Order. They allow communities the opportunity to bring forward the type of development they wish to see in their neighbourhood areas.

Paragraph: 086 Reference ID: 13-086-20140306

Revision date: 06 03 2014

Who can make a Neighbourhood Development Order?

Neighbourhood Development Orders are proposed by ‘qualifying bodies’ which are town or parish councils or a designated neighbourhood forum, and are brought into force (‘made’) by the local planning authority.

Paragraph: 087 Reference ID: 13-087-20140306

Revision date: 06 03 2014

What size area can a Neighbourhood Development Order cover?

Neighbourhood Development Orders are not limited as to the size of land they can cover. However, they can only apply to land which falls within the specific designated neighbourhood area for which the community proposing the Order is the qualifying body.

Paragraph: 088 Reference ID: 13-088-20140306

Revision date: 06 03 2014

What type of permission can a Neighbourhood Development Order grant?

Neighbourhood Development Orders can grant either unconditional or conditional planning permission for development.

Paragraph: 089 Reference ID: 13-089-20140306

Revision date: 06 03 2014

Is development carried out under a Neighbourhood Development Order subject to a Community Infrastructure Levy charge?

Development carried out under a Neighbourhood Development Order may be liable to pay a Community Infrastructure Levy charge where one applies.

Paragraph: 090 Reference ID: 13-090-20140306

Revision date: 06 03 2014

What is the procedure for making a Neighbourhood Development Order?

The legal procedures for making a Neighbourhood Development Order are set in section 61E and Schedule 4B of the Town and Country Planning Act 1990, as amended, the Neighbourhood Planning (General) Regulations 2012 and article 42 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Paragraph: 091 Reference ID: 13-091-20140306

Revision date: 06 03 2014

Is it possible to modify a Neighbourhood Development Order?

A local planning authority can modify an Order to correct errors so long as the qualifying body that initiated the Order agrees with the changes, and is still authorised to act as the qualifying body. The procedures for modifying are orders set out in the Neighbourhood Planning (General) Regulations 2012.

Paragraph: 092 Reference ID: 13-092-20140306

Revision date: 06 03 2014

Does the Secretary of State have powers in relation to neighbourhood development orders?

The Secretary of State has the power to revoke any Neighbourhood Development Order which is made. A local planning authority, with the permission from the Secretary of State, may also revoke a Neighbourhood Development Order.

If a local planning authority wishes to revoke an Order, it is important that they first engage with the neighbourhood planning body so that the reason for the revocation can be understood and considered by the community that supported the Order.

Paragraph: 093 Reference ID: 13-093-20140306

Revision date: 06 03 2014

What is a Community Right to Build Order?

A Community Right to Build Order is a type of development order which grants planning permission to development specified in the Order. It differs from Neighbourhood Development Orders because it can be prepared by community organisations, not just a town or parish council or neighbourhood forum (where a neighbourhood forum is a constituted community organisation).

Paragraph: 094 Reference ID: 13-094-20140306

Revision date: 06 03 2014

What is a community organisation?

For the purposes of the Localism Act 2011, a community organisation must be a legally constituted organisation, for example a company limited by guarantee with charitable status or a registered charity and meet other legal tests.

Paragraph: 095 Reference ID: 13-095-20140306

Revision date: 06 03 2014

What is the procedure for making a Community Right to Build Order?

The legal procedures for Community Right to Build are found in the Neighbourhood Planning (General) Regulations 2012. Schedule 11 of the Localism Act 2011 provides the primary legislative provisions for Community Right to Build Orders.

Paragraph: 096 Reference ID: 13-096-20140306

Revision date: 06 03 2014

Does a Community Right to Build Order have to comply with national planning policy and local strategic planning policy?

A Community Right to Build Order must meet a number of basic conditions and other legal tests. More information on these conditions and tests can be found in neighbourhood planning guidance.

Paragraph: 097 Reference ID: 13-097-20140306

Revision date: 06 03 2014

Does a Community Right to Build Order give a community organisation rights over land?

A Community Right to Build Order does not give a community organisation ownership rights to any land to which it relates; land will still need to be purchased from the land owner or their permission given to build on the land in question.

Where a community organisation wishes to undertake development permitted by the Order, it will be responsible for funding the costs of the process and overseeing all stages of development to completion.

Paragraph: 098 Reference ID: 13-098-20140306

Revision date: 06 03 2014

Is development carried out under a Community Right to Build Order subject to a Community Infrastructure Levy charge?

Development carried out under a Community Right to Build Order may be liable to pay a Community Infrastructure Levy charge where one applies.

Paragraph: 099 Reference ID: 13-099-20140306

Revision date: 06 03 2014

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When is permission required?

What is development?

Does all development require planning permission?

Does all development require a planning application to be made for permission to carry out the development?

If it is not necessary to make a planning application, are there any other steps required before the development goes ahead?

What if there are restrictions through deeds or covenants that prevent development?

What happens if development is carried out without the necessary planning permission?

Where can applicants find out more?

How can disagreements with a local planning authority’s actions, or its interpretation of planning rules, be resolved?

What is the Use Classes Order?

What uses are included in Commercial, Business and Service use class?

What shops are within the Local Community use class?

Should development plan policies be amended to reflect recent amendments to the Use Classes Order?

What uses are subject to local consideration?

When does a change of use require planning permission?

Is movement between uses within the same use class development?

Does the Use Classes Order grant permission for any associated development?

Do the changes made to the Use Classes Order in September 2020 cut across the requirements of pre-existing planning conditions or pre-existing planning obligations?

What is the effect of the changes to the Use Classes Order in September 2020 on the General Permitted Development Order?

Is planning permission required to sub-divide a building?

Do I need planning permission to home work or run a business from home?

Is planning permission required to rent out a parking space?

Is planning permission required to short-term let in Greater London?

Is planning permission required to short-term let in elsewhere England?

What happens if a property exceeds the conditions for short-term letting in London?

Is planning permission required for farm shops?

Is planning permission required for polytunnels?

Is planning permission required for on-farm reservoirs?

Is planning permission required for a farm track?

Is planning permission required for flood protection or alleviation works on a farm?

What are permitted development rights?

What types of permitted development rights exist?

Do all areas in England have the same permitted development rights?

Are there limitations to permitted development rights?

Can permitted development rights be removed?

Can local planning authorities tailor permitted development rights to their own circumstances?

Is it necessary to apply for planning permission where there are permitted development rights?

Is it necessary to contact the local planning authority before carrying out work under permitted development rights?

What if it’s not clear whether development is covered by permitted development rights?

Is development carried out under the General Permitted Development Order liable to a Community Infrastructure Levy charge?

What is prior approval?

What types of development require prior approval?

Is a prior approval application like a planning application?

What kind of information will the developer have to supply in connection with a prior approval application?

What happens if a prior approval application is not determined by a local planning authority?

What is the neighbour consultation scheme?

Can a refusal of prior approval be appealed?

What permitted development rights are time-limited?

What happens if physical building work or change of use is not completed by the date specified in the General Permitted Development Order?

Is it necessary to contact the local planning authority after completing work under permitted development?

What is an article 4 direction?

What can an article 4 direction do?

When is it appropriate to use article 4 directions?

Can all permitted development rights be withdrawn by an article 4 direction?

Does an article 4 direction mean that development is not allowed?

Is a planning application fee payable where development that would otherwise have been permitted development requires a planning application?

Is compensation payable where permitted development rights have been withdrawn?

Where is there more information on compensation?

Can an article 4 direction provide immediate protection?

When can an immediate direction be used?

Can development continue if an article 4 direction is made where work has already started?

What are the procedures for making an article 4 direction?

Can an article 4 direction be modified or cancelled?

Can an article 4 direction remain in place permanently once it has been confirmed?

Does an article 4 direction have to be submitted to the Secretary of State?

What powers does the Secretary of State have?

Can an article 4 direction be used to withdraw permitted development rights for statutory undertakers?

Can an article 4 direction be used to withdraw permitted development rights for Crown development?

Are there permitted development rights for change of use?

Do permitted development rights for change of use also allow for physical development?

After change of use has taken place, do buildings have the permitted development rights associated with the new use?

Do any permitted development rights for change of use require prior approval?

Are there permitted development rights for reusing an agricultural building?

Are there any permitted development rights which allow movement between uses that require full local consideration?

Do I need to apply for planning permission to demolish a building or structure?

Do I need to apply for planning permission to demolish a pub?

Do I need to apply for planning permission to demolish a statue, memorial or monument?

In a conservation area:

Outside a conservation area