Other matters that do not require express planning permission (Core principles of planning law)

Question 1

What does the Town and Country Planning (General Permitted Development) Order 2015 provide?

Answer 1

It automatically grants planning permission for certain categories of development, so express planning permission is not required.

Question 2

Give two examples of developments automatically permitted under the 2015 GPDO.

Answer 2

• Erection of fences and gates
  
  • Painting the exterior of a building

Question 3

Does the General Permitted Development Order eliminate the need to apply for planning permission for all development?

Answer 3

No. It only applies to specific categories. Other developments still require express planning permission.

Question 4

Definition: Certificate of Lawfulness of Proposed Use or Development (Section 192 TCPA)

Answer 4

A legal certificate confirming that a proposed use or development is lawful and does not require express planning permission.

Question 5

Under which statutory provision can a Certificate of Lawfulness of Proposed Use or Development be obtained?

Answer 5

Section 192 of the Town and Country Planning Act 1990.

Question 6

What is the purpose of obtaining a Certificate of Lawfulness for Proposed Use or Development?

Answer 6

To avoid potential enforcement by confirming with the local authority that the development is lawful and does not require planning permission.

Question 7

Is a Certificate of Lawfulness equivalent to planning permission?

Answer 7

No. It does not confer planning permission—it confirms that it is not required for the proposed use or development.

Question 8

Who issues the Certificate of Lawfulness for Proposed Use or Development?

Answer 8

The local planning authority upon application by a developer or their solicitor.