When is planning permission needed

Please note this does not include listed buildings, these can be searched at Historic England. Permitted development rights can be removed from a site either with an Article 4 direction or by condition in your planning history. To find out whether your permitted development rights have been removed or limited by condition you can use our search function system to search the planning history. Article 4s can be on properties or land, these can be seen on an interactive map.

For properties details of the Article 4 can be seen on the conservation area appraisal. If you wish for written advice from the local planning authority please use the pre-application advice service. 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:. 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. If development is carried out without the necessary planning permission, this may lead to enforcement action.

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. 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 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.

Revision date: 22 07 See previous version. The Town and Country Planning Use Classes Order , 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:. 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.

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 square metres shop area floorspace accords with the provisions of the Sunday Trading Act Some development plan policies may need to be revised to reflect the amendments to the Use Classes Order introduced in September 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.

Not all uses of land or buildings fit within the use classes order. 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.

A change of use of land or buildings requires planning permission if it constitutes a material change of use. 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. 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. 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. The Town and Country Planning Use Classes Amendment England Regulations 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.

Date 20 08 See previous version. Under these provisions, until 31 July , references in the Town and Country Planning General Permitted Development England Order to use classes were to be construed as references to the uses classes which were specified in the Use Classes Order on 31 August before the latest amendments came into force.

Similar provisions in the Regulations also apply to relevant article 4 directions. This legislation came into force on 1 August and includes transitional and saving provisions as set out in the Schedule. Planning permission will not normally be required to home work or run a business from home, provided that a dwelling house remains a private residence first and business second or in planning terms, provided that a business does not result in a material change of use of a property so that it is no longer a single dwelling house.

A local planning authority is responsible for deciding whether planning permission is required and will determine this on the basis of individual facts. Issues which they may consider include whether home working or a business leads to notable increases in traffic, disturbance to neighbours, abnormal noise or smells or the need for any major structural changes or major renovations.

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:.

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.

Revision date: 19 03 See previous version. Section 25 of the Greater London Council General Powers Act , as amended by section 44 of the Deregulation Act , 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 Act. If these criteria are not met planning permission is required.

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.

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. 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.

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:. 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.

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 , 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 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 square metres cumulative floor space but does not exceed 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.

The erection of polytunnels to support sustainable food delivery is becoming a more important part of the approach to farming.

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.

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 , 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.

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. Revision date: 15 06 See previous version. 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 , 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. On smaller agricultural units i. 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.

An application for planning permission is required for flood protection or alleviation works on smaller agricultural units i. On larger agricultural units i.

Class A of Part 6 of Schedule 2 to the Town and Country Planning General Permitted Development England Order , 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. 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.

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. Permitted development rights for householders: technical guidance has been issued by the government. 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:. 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. 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 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 , 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 , a development must not be begun or continued before the developer has received written notice of the approval of the local planning authority. 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.

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

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. 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.

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 or otherwise before a charging schedule was in effect.

Where development is commenced after 6 April and a charging schedule is in place, they would be liable to pay a charge. 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. 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. 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.

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. 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. Where this is not the case, non-determination can be appealed under section 78 2 a of the Town and Country Planning Act Please be aware that permitted development rights may have been removed or restricted by an Article 4 Direction , a planning condition, or due to the location of the property e.

As a result, planning permission may be required for certain types of work which do not need an application in other areas. There are also different requirements if the property is a Listed Building. Please contact the Householder Duty Planner Service for more information. It is important to note that planning permission is quite separate from an approval under Building Regulations which is concerned with making sure buildings are constructed safely and are suitable for their purpose.

So you should always check with Building Control whether your proposed works can actually be built. Typical works classed as "permitted development":.