02 Planning and Consents Flashcards
What is planning permission?
Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead
What main legislation governs the planning procedure?
Town and Country Planning Act 1990
When is planning permission required?
Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ under Section 55 of the Town and Country Planning Act 1990
What is included under the statutory definition of ‘development’?
- Building operations (e.g. structural alterations, construction, rebuilding, most demolition)
- Material changes of use of land and buildings
- Engineering operations (e.g. groundworks)
- Mining operations
- Other operations normally undertaken by a person carrying on a business as a builder
- Subdivision of a building (including any part of it) used as a dwellinghouse for use as two or more separate dwellinghouses
What is excluded under the statutory definition of ‘development’?
- Interior alterations (except mezzanine floors that increase the floorspace of retail premises by more than 200sqm)
- Building operations that do not materially affect the external appearance of a building
- A change in the primary use of land or buildings where the before and after use falls within the same use class
Does all ‘development’ require a planning application to be submitted?
Not when the development is classed as a ‘permitted developments’
What are permitted development rights?
The Town and Country Planning (General Permitted Development) Order 1995 enables central government to permit certain types of development so they do not require approval from the local planning authority - these are called ‘permitted developments’
Name some typical examples of permitted developments.
- Certain enlargements of houses not exceeding 50% of the curtilage (subject to a number of restrictions)
- Certain porches, doors and windows
- Installation of antenna and satellite dishes (up to a specific size)
- Gates, fences, walls and other enclosures (no more than 2m high)
- Exterior painting (other than advertisements)
- Internal alterations
- Certain changes of use class
- Temporary structures and plant for construction purposes
- Temporary structures remaining for no more than 28 days
- Demolition of a building
Are there any restrictions on permitted developments rights?
There are a range of exclusions that apply to permitted development rights for certain areas and building types:
- Listed buildings
- Conservation areas
- National parks
- Areas of outstanding natural beauty
- The Norfolk and Suffolk Broads
What are Article 4 Directions?
A mechanism whereby local authorities are able to remove permitted development rights by issuing an Article 4 Direction
Under what circumstances would you most likely come across an Article 4 Direction?
Most frequently applied to withdraw permitted development rights in conservation areas
What are the implications if an Article 4 Direction has been applied to an area in which you are looking to undertake construction works?
It does not mean a particular type of development cannot be carried out, only that it is not permitted without planning permission
Can local authorities add to permitted developments rights?
Yes, via a Local Development Order, which intends to relax planning controls for particular areas or categories of development, giving certainty to developers, reducing timescales and reducing costs associated with making a planning application
What is ‘prior approval’?
- ‘Prior approval’ may be required for some permitted developments, such as demolition of a building and change of use class from office to residential
- Application is much less onerous than a standard planning application since the principle of development has already been permitted
How would you determine whether a proposal is classed as a permitted development?
Ask the local planning authority by applying for a ‘Lawful Development Certificate’
What are ‘Use Classes’?
The Town and Country Planning (Use Classes) Order 1987 categorises uses of land and buildings
Name some of the different use classes for planning purposes.
- A1 - shops
- A2 - financial and professional services
- A3 - restaurants and cafes
- A4 - drinking establishments
- A5 - hot food takeaways
- B1 - business (offices excluding those in A2, research and development, light industry)
- B2 - general industrial
- B8 - storage and distribution
- C1 - hotels
- C2 - residential institutions
- C2A - secure residential institutions
- C3 - dwellinghouses
- C4 - small houses of multiple occupation
- D1 - non-residential institutions
- D2 - assembly and leisure
- Sui Generis - those that do not fall into the above, e.g. theatres, scrap yards, nightclubs, laundrettes, taxi businesses, casinos, mixed use (except where there is a primary use and other uses are ancillary)
What are the rules surrounding planning permission for changes of use?
- Not required when both the present and proposed uses fall under the same class, e.g. shoe shop to a greengrocer’s shop (both A1)
- Not required if permitted under the Town and Country Planning (Use Classes) Order 1987 - see Planning Portal for full list
- NB: permitted development rights may be removed by local authorities using Article 4 Directions
- Otherwise, planning permission is required
Is planning permission required to sub-divide a building?
Planning permission is not required to sub-divide a building where:
- Sub-division does not involve physical works that amount to ‘development’
- Newly formed units fall into the same use class as the existing, or there is a permitted development right allowing the new use
- Sub-division does not involve converting a single dwellinghouse to contain more than one residential unit
Is planning permission required for demolition generally?
- In most cases, planning permission is not required for demolition unless the local authority has made an Article 4 Direction restricting the permitted development rights that apply to demolition (e.g. in conservation areas)
- However, ‘prior approval’ (less onerous than standard planning application) may be required detailing how the demolition will be carried out
Is planning permission required for demolition of a listed building?
Planning permission is not normally required to demolish a listed building, however listed building consent may be needed
Is planning permission required for demolition in a conservation area?
Planning permission is usually required for demolition of a structure in a conservation area if:
- The volume of the building is more than 115 cubic metres
- A gate, fence, wall or railing is over 1m high next to a highway, public footpath or open space, or over 2m high elsewhere
There are a few exceptions to the above so it is always best to speak with the local authority first
Is planning permission required to run a business from home?
- Planning permission is not normally required to run a business from home, provided the dwellinghouse remains a private residence first and a business second
- May depend on the nature of the business however, e.g. increases in traffic, noise, smells and other disturbances
If a planning application is not required, what other considerations may be needed?
- Works to protected trees
- Advertisement consent
- Listed building consent
- Building regulations
- Hazardous substances consent
- Environmental permits/licences