Change of use from bookshop (A1) to a travel agency (A1) will not be development unless the planning authority says it does by order. But a change of use from a bookshop (A1) to a shop for the sale of hot food may be development because the latter is in class A3.
Not all uses are in a class and these are referred to as sui generis (unique). Examples include theatres, sculptors’ studios, a students’ hostel. The A3 class order was split into three separate categories in 2005: restaur- ants and cafes, pubs and bars, and takeaway outlets. Planning permission is required to convert any building into a nightclub. The intention was to give local planning authorities more influence over the evening economy.
Is planning permission always necessary? Development before 1947
• Certain activities not considered to be development. • Permitted development.
• Other developments including Annex 2 Environmental Assessment
• Changes of use that always require consent. • Designated/bad neighbour development.
• Projects likely to have significant environmental effects. Annex 1 Environmental Assessment
YES NO
Planning permission is not always necessary. Most developments that took place before the Town and Country Planning Act 1947 and certain activities ‘not considered to be development’ are exempt from permis- sion. Other activities are deemed to be ‘permitted development’ and no formal application is usually necessary. These distinctions are explained further below.
However, some developments always require planning permission, i.e. certain changes of use, designated/bad neighbour developments and developments covered by Annex 1 of the Environmental Assessment Regulations.
Between permitted development and those proposals always requiring consent lies a mass of developments, which a planning authority will assess individually on merit. These include proposals covered by Annex 2 of the Environmental Assessment Regulations.
Certain activities are not considered to be development
• Works to the interior of a building or works that do not materially affect its external appearance. Note that putting in windows or doors and works below ground internally may constitute development.
• Maintenance or improvement to highways by the local authority. • Breaking open of streets for inspection, repair, etc., of sewers, cables,
etc., by local authority or statutory undertaker.
• Use of land, building, etc. within the curtilage of a dwelling house for purposes incidental to the enjoyment of a house. This does not include putting up buildings in the first place, i.e. a new building does require planning permission.
• Use of land and buildings for forestry or agriculture. New buildings are not included here though they may be ‘permitted development’. • The formation of a means of access to a road which is not a trunk or
classified road, except in conservation areas.
• The installation of solar panels and Velux windows on up to 10 per cent of a roof area, except in conservation areas.
• Developments in enterprise zones, simplified planning zones and special development orders (new towns).
Permitted development includes:
• Limited enlargement or improvement of a dwelling house.
• Forming, laying out and constructing a means of access to a minor road except where this caused a hazard or obstruction.
• Painting the exterior of a building or work other than for purposes of advertisement, announcement or direction.
There are 31 classes of permitted development. Some examples are listed below.
Class I Development within the curtilage of a dwelling house. This includes summer-houses and tool sheds, provided that they
Permitted Development
To reduce the burden on planning authorities, the government introduced the concept of developments that are permitted without the necessity of formal application for planning consent. Such development is known as ‘permitted development’ and is described in the General Permitted Development Order.
National parks, areas of outstanding natural beauty and conservation areas (including SSSIs) have special protection as permitted development rights can be withdrawn in conservation areas.
Installation of garden decking or patios may require permission if they are a substantial enlargement of a dwelling house, have a significant visual impact or compromise the privacy of neighbours.
1992 Revision to Classes of Permitted Development in Scotland
In Scotland, the principle of ‘use classes’ applies, but the classification differs from England. See the Town and Country Planning (General Development) (Scotland) Order 1992.
Article 4 Direction
In the UK as a whole, permitted development rights can be removed if necessary using an ‘Article 4 Direction’ expedited by the Secretary of State or the local planning authority. These are usually applied in areas of architectural, historic or scenic interest such as conservation areas and national parks, where stricter powers of control are desirable.
Agricultural Buildings
Under PPG7, when an agricultural building, substantial extension or alter- ation erected under permitted development rights since 1.4.97 ceases to be in agricultural use within ten years of completion and there is no permission for change of use within three years of cessation (and no outstanding appeal) it must be removed (unless the LPA has agreed otherwise in writing).
Changes of use that always require consent:
• Separation of a building into two or more separate dwelling houses. • Deposit of refuse or waste material on land already used for this pur-
pose, which enlarges the surface area or increases the height above the land adjoining the site.
meet height, distance and location requirements. These would not be permitted developments in national parks, areas of nat- ural beauty and conservation areas. However, decking may require planning consent if, for instance, it has a significant visual impact or compromises the privacy of neighbours. Class II Gates and fences below 1 m high, adjoining a vehicular high-
way; less than 2 m high elsewhere. Class III Change of use within the same ‘use class’. Class IV Temporary buildings and uses.
Class VI Agricultural buildings and works. (See note below.) Class VII Forestry buildings and works.