The Town and Country Planning (General Permitted Development) Order 2015 (as amended) grants planning permission for certain types of development and uses. It is in effect an “automatic” permission granted by Parliament, commonly known as “permitted development” and there is no need to apply for planning permission from the Local Planning Authority.
Schedule 2 of the Order sets out the various types of development and uses that are “permitted development”. For example, Part 1 relates to “development within the curtilage of a dwellinghouse”, with various Classes identifying types of development that are permitted, and the criteria and conditions that have to be met. Permitted Development rights do not apply to properties that are in use as flats, but they do apply for many other buildings and uses, be it retail, office, industrial or agricultural. The legislation is complicated and often tested on appeal or through the Courts, so it is always best to seek advice from a planning expert.
The Planning Portal provides useful information on the background to permitted development rights and the primary legislation:
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2
The Government has recently announced a “shake-up” of the planning system to encourage us all to build more and allow greater flexibility in the change of use of many buildings. However, the legislation that is being putting in place does not really offer any greater flexibility over and above our original “permitted development”rights. In most cases the new legislation requires a "Prior Approval” application to be submitted to the Local Planning Authority, which they can approve or refuse, just like they can approve or refuse a planning application. The legislation also imposes many restrictions where the new permitted development rights are not applicable, such as if certain dimensions are exceeded, or if the property is in a Conservation Area. It is really quite complicated, and you should seek professional planning advice before embarking on any particular project that you think might be permitted development. It probably isn’t, or at least you will need to submit a “Prior Approval” application first!
New legislation that took effect on 1st August 2020 principally allows developers to build an additional two storeys on top of existing detached blocks of flats, subject to the Prior Approval procedure:
https://www.legislation.gov.uk/uksi/2020/632/regulation/22/made
On 31st August permitted development rights were changed to allow for one or two storey extensions to be built on dwellinghouses. The house must have been constructed between 1948 and 2018 and it can’t be within a Conservation Area. Many other conditions apply relating to the size and dimensions of the extension and the"Prior Approval” of the Local Planning Authority is required: https://www.legislation.gov.uk/uksi/2020/755/pdfs/uksi_20200755_en.pdf
On 1st September the Use Classes Order was amended. A new use class has been created that combines former Use Classes A1 (shops), A2 (financial and professional services), A3 (restaurants) and B1 (business) into a new Class E (Commercial, business and service). The changes also provide for a new Class F1 (learning and non-residential institutions) and Class F2 (local community). Planning Permission is not required for changes of use that fall within the same use class: https://www.legislation.gov.uk/uksi/2020/757/pdfs/uksi_20200757_en.pdf
Please use our contact form if you have any questions!
Schedule 2 of the Order sets out the various types of development and uses that are “permitted development”. For example, Part 1 relates to “development within the curtilage of a dwellinghouse”, with various Classes identifying types of development that are permitted, and the criteria and conditions that have to be met. Permitted Development rights do not apply to properties that are in use as flats, but they do apply for many other buildings and uses, be it retail, office, industrial or agricultural. The legislation is complicated and often tested on appeal or through the Courts, so it is always best to seek advice from a planning expert.
The Planning Portal provides useful information on the background to permitted development rights and the primary legislation:
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2
The Government has recently announced a “shake-up” of the planning system to encourage us all to build more and allow greater flexibility in the change of use of many buildings. However, the legislation that is being putting in place does not really offer any greater flexibility over and above our original “permitted development”rights. In most cases the new legislation requires a "Prior Approval” application to be submitted to the Local Planning Authority, which they can approve or refuse, just like they can approve or refuse a planning application. The legislation also imposes many restrictions where the new permitted development rights are not applicable, such as if certain dimensions are exceeded, or if the property is in a Conservation Area. It is really quite complicated, and you should seek professional planning advice before embarking on any particular project that you think might be permitted development. It probably isn’t, or at least you will need to submit a “Prior Approval” application first!
New legislation that took effect on 1st August 2020 principally allows developers to build an additional two storeys on top of existing detached blocks of flats, subject to the Prior Approval procedure:
https://www.legislation.gov.uk/uksi/2020/632/regulation/22/made
On 31st August permitted development rights were changed to allow for one or two storey extensions to be built on dwellinghouses. The house must have been constructed between 1948 and 2018 and it can’t be within a Conservation Area. Many other conditions apply relating to the size and dimensions of the extension and the"Prior Approval” of the Local Planning Authority is required: https://www.legislation.gov.uk/uksi/2020/755/pdfs/uksi_20200755_en.pdf
On 1st September the Use Classes Order was amended. A new use class has been created that combines former Use Classes A1 (shops), A2 (financial and professional services), A3 (restaurants) and B1 (business) into a new Class E (Commercial, business and service). The changes also provide for a new Class F1 (learning and non-residential institutions) and Class F2 (local community). Planning Permission is not required for changes of use that fall within the same use class: https://www.legislation.gov.uk/uksi/2020/757/pdfs/uksi_20200757_en.pdf
Please use our contact form if you have any questions!
