When planning permission is required

Comprehensive planning control was introduced in 1948. The principal statute is Town and Country Planning Act 1990 (TCPA 1990). The legislation is supported by guidance from central Government in various forms. The National Assembly for Wales has full responsibility for the planning system in Wales.

Development

Planning permission is required for the carrying out of any 'development' of land.

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.

Development may be 'operational', or consist of any 'material change' of use (or both).

The use of a single dwellinghouse as two or more separate dwellinghouses involves a material change of use.

What is not development

Some operations and uses are excluded from the definition of development by TCPA 1990, s 55(2). For example:

• the carrying out for the maintenance, improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building (but not for additional underground space)

• the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such

• the use of any land for the purposes of agriculture or forestry

• changes of use within 'use classes', and

• demolition of buildings other than dwellinghouses or buildings adjoining them, or boundary structures (unless in a conservation area)

As these are not development, planning permission is not required. It may still be necessary to notify the Local Authority of an intended demolition under Building Act 1984, s 80.

Changes of use not requiring planning consent

Where a building or other land is lawfully used for a purpose of any class specified in Town and Country Planning (Use Classes) Order 1987, SI 1987/764, Schedule (UCO) its use for any other purpose of the same class is not development and so planning permission is not required.

Use classes

There are four categories, A to D. These are subdivided into the 'use classes'.

• A1 Shops

• A2 Financial and Professional Services

• A3 Restaurants and cafes - use for the sale of food or drink for consumption 'on' the premises

• A4 Drinking establishments - use as a public house, wine bar or other drinking establishment (but not a night club)

• A5 Hot food takeaways - use for the sale of hot food for consumption 'off' the premises

• B1 Business

• B2 General industrial - use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste)

• B8 Storage or distribution - use for storage or as a distribution centre

• C1 Hotels - use as a hotel, boarding or guest house where no significant element of care is provided

• C2 Residential institutions

• C2A Secure residential institutions (added in 2006)

• C3 Dwellinghouses

• C4 Houses in multiple occupation - small shared dwelling houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom

• D1 Non-residential institutions - clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres

• D2 Assembly and leisure - cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used)

Sui generis use

Literally, a use in a class of its own. Examples of uses in this category are listed in UCO, Art 3(2) and include theatres and petrol stations. Changes to and from these uses are not excluded from the definition of development and so may well require planning permission.

Permitted development

Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (GPDO) grants planning permission for the classes of development described in GDPO, Sch 2. As with UCO, GDPO will not apply where there is an existing unlawful use or building operations. Nor does it apply to development requiring an Environmental Impact Assessment under Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293.

A Local Planning Authority may make a direction under GDPO, Art 4 withdrawing some or all of the permitted development rights granted by GDPO with the result that a planning application would be required.

Classes of permitted development

These are listed in GDPO, Sch 2, Pts 1 - 40. Briefly:

• Part 1 - deals with development within the curtilage of a dwelling house. Changes to the regulations came into effect on 1 October 2008. Overall they are more restrictive

• Part 2 - deals with Minor Operations. These include boundary structures and external painting

• Part 3 - deals with changes of use within the UCO

• Part 4 - deals with temporary buildings and uses

• Part 6 - deals with Agricultural operations

• Part 24 - deals with development by Electronic Communications Code Operators

• Part 33 - deals with CCTV cameras

Time limits for enforcement

Operational development is immune from enforcement proceedings after the end of the period of four years beginning with the date on which the operations were substantially completed (TCPA 1990, s 171B(1)). For changes of use to a single dwellinghouse, the period is four years beginning with the date of the breach.

In the case of any other breach of planning control, the period is ten years.

The need for a planning application

A planning application will be required if there is development (of the operational or use type) and planning permission is not granted by a development order.

Operational development

This is essentially an operation which changes the physical character of land.

Material change of use

A material change of use may result where a use which is ancillary to the primary use of land is intensified, or the relationship between the primary and ancillary uses changes. There may also be a material change of use where one of a number of primary uses is intensified. It will usually be necessary to identify the planning unit - the boundaries of the land containing the use.

Planning policy in England

Planning Policy Guidance Notes and Planning Policy Statements set out the government’s national policies on aspects of planning in England.

National policy must be taken into account by local planning authorities in preparing local policies and in determining planning applications and appeals. Local planning authorities must produce Local Development Frameworks, which are made up of Local Development Documents and Supplementary Planning Documents.

Planning Policy in Wales

The context for planning policy in Wales is contained within two main documents:

• Planning Policy Wales – guidance on the preparation and content of development plans and advice on development control decisions and appeals, and

• Minerals Planning Policy Wales – guidance for the extraction of all minerals and other substances in, on or under land

These documents are supplemented by a series of topic based Technical Advice Notes and Minerals Technical Advice Notes.