Planning law controls the development and use of land in the public interest. It ensures that development is carried out in a sustainable and coordinated way, balancing the needs of developers with the interests of the community and the environment.
Planning permission is one of the most important considerations in property transactions. A property without planning permission or in breach of planning controls can be significantly devalued and may even require demolition.
The Town and Country Planning Act 1990 is the primary legislation governing planning in England and Wales. It establishes the framework for local planning authorities to control development through planning permission and enforcement powers.
The Town and Country Planning (General Permitted Development) Order 2015 (as amended) grants permitted development rights for certain types of development that do not require full planning permission. The Town and Country Planning (Development Management Procedure) Order 2015 sets out the procedure for planning applications.
Under section 55 of the TCPA 1990, "development" means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
Building operations include demolition, building, rebuilding, structural alterations, or additions to buildings. It also includes other operations normally undertaken by a person carrying on business as a builder.
A material change of use occurs when the use of land or buildings changes to a materially different use. Whether a change is "material" is a question of fact and degree, depending on the local planning context and the significance of the change.
Some works are expressly excluded from the definition of development, including interior alterations (except where affecting appearance), certain agricultural operations, and works by statutory undertakers. These may not require planning permission.
Operational development involves physical construction or alteration. This includes new buildings, extensions, demolitions, and engineering works like road construction or excavation.
Internal alterations that do not affect the external appearance of a building are not generally considered operational development and do not require planning permission. However, listed building consent may still be required.
A change of use is "material" if it represents a significant change in how land or buildings are used. The test is objective: would the change be apparent to a reasonable person? Minor changes may not be material.
The Town and Country Planning (Use Classes) Order 1987 (as amended) categorises uses into classes. Changes within the same use class do not constitute development. Some changes between classes are permitted development.
| Class | Description | Examples |
|---|---|---|
| Class A1 | Retail | Shops, post offices, travel agents |
| Class A2 | Financial/Professional | Banks, building societies, estate agents |
| Class A3 | Restaurant/Café | Hot food takeaways, restaurants |
| Class B1 | Business | Offices, light industry (not retail) |
| Class B2 | General Industrial | Industrial processes |
| Class C1 | Hotel | Hotels, guest houses |
| Class C2 | Residential Institution | Hospitals, nursing homes |
| Class C3 | Dwelling House | Single family houses, flats |
| Class D1 | Non-Residential Institution | Schools, libraries, places of worship |
| Class D2 | Assembly/Leisure | Cinemas, concert halls, gyms |
A building with multiple uses may have a "sui generis" use (unique to itself). Changing to or from a sui generis use usually requires planning permission. Always check the current use class carefully.
Permitted development (PD) rights allow certain types of development to proceed without full planning permission. These are granted by the General Permitted Development Order 2015 (GDPO) and cover many minor developments.
PD rights can be very extensive. They cover many home extensions, conversions, changes of use, and commercial developments. However, they are subject to limitations, conditions, and exceptions.
Permitted development rights can be removed or restricted by planning conditions, Article 4 directions, or in designated areas (Conservation Areas, National Parks, AONBs). Always check if rights are intact before relying on them.
Some permitted development rights require "prior approval" from the local planning authority for specific matters before development can begin. This is a simplified process compared to full planning permission.
For prior approval, the LPA can only consider the specific matters listed in the relevant GDPO schedule. They cannot consider other planning matters like general design or neighbourhood character.
Most development requires planning permission. Applications are made to the local planning authority using standard forms. The type of application depends on the development proposed.
Planning applications must include: completed forms, correct fee, ownership certificate, location plan, block plan (site plan), elevation and floor plans (for building work), design and access statement (major applications), and other supporting information as required.
Before submitting a formal application, it's often wise to seek pre-application advice from the LPA. This can identify issues early, improve the quality of the application, and increase the chance of approval.
Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The "development plan" includes local plans, neighbourhood plans, and London Plan (in London).
Some matters are NOT material considerations: effect on property value, loss of view (unless character affected), private rights (e.g., easements, party wall - these are private law matters), and moral objections.
The LPA should determine most applications within 8 weeks (13 weeks for major applications). If no decision is made within the deadline, the applicant can appeal by way of non-determination.
Planning permissions are often granted subject to conditions. These must be necessary, relevant to planning, enforceable, precise, and reasonable. They control how development is carried out or used.
Developing without compliance with a condition is a breach of planning control. The LPA can issue a breach of condition notice or an enforcement notice requiring compliance. Fines can apply for continued non-compliance.
Under section 106 of the TCPA 1990, developers can enter into agreements (or accept unilateral undertakings) to make contributions or provide infrastructure to make development acceptable in planning terms. These are binding obligations.
Section 106 obligations must be directly related to the development, necessary to make it acceptable, and fair and reasonably related in scale and kind. Excessive obligations can be challenged.
Building regulations are separate from planning permission and deal with technical standards for construction. They cover structural integrity, fire safety, insulation, ventilation, drainage, accessibility, and other building performance matters.
Most building work requires building regulations approval. This includes new buildings, extensions, structural alterations, changes of use, and installations (e.g., boilers, windows, electrics). Some minor works are exempt.
Planning permission AND building regulations approval may both be required. Having one does not mean you have the other. Always check what consents are needed for any development.
A breach of planning control occurs when development is carried out without planning permission, or not in accordance with a permission. This includes unauthorised building, unauthorised changes of use, and breach of conditions.
LPAs have 4 years from the date of the breach to issue an enforcement notice for operational development. For changes of use and breach of condition, the time limit is 10 years. After these periods, the development becomes immune from enforcement.
Failure to comply with an enforcement notice is a criminal offence. It can result in prosecution and unlimited fines. The notice is appealable to the Planning Inspectorate within the specified period (usually 28 days).
In property transactions, planning enquiries are essential. The standard conveyancing search (CON29R) includes specific planning enquiries. Additional enquiries may be needed depending on the property.
Always ask for evidence of planning permissions and building regulations approval. This includes decision notices, approved plans, and completion certificates. For older works, try to establish if approval was obtained or if time limits for enforcement have expired.
Planning breaches can be covered by indemnity insurance in some cases (e.g., lack of planning permission for an extension built many years ago). However, insurance is not available if there is an outstanding enforcement notice or if the LPA is aware of the breach.