Planning permission

Question 1

when is planning permission required?

Answer 1

Planning permission is required for developing land

Question 2

what is the definition of develop?

Answer 2

Develop inc.:
o Building, engineering, other operations on or over land; +
o Making use of any material change in the use of the building/land

Question 3

what does not constitute developing? What is the effect of this?

Answer 3

o Maintenance/alteration etc which to the inside only or the outside minimally
o Changes of use in the same class

this means planning permission is not required to undertake these works

Question 4

give two examples of some changes in use

Answer 4

C - residential uses
 Hotels (C1), dwelling house (C3)

E - commercial, business and service
 Goods (E(a)), Food and drink (E(b)), financial and professional (E(c))

Question 5

explain how to identify when a use is/is not of the same class and the effect

Answer 5

letter followed by number (e.g. C1, C3) = different classes. PP required to change (inc. to/from a Sui Generis use)

letter followed by letter (e.g. E(a)) = same class. PP not required to change use to another use within the same class.

note that PP for some changes in use (inc. some Sui Generis) are automatically granted under the GDPO 2015

Question 6

what is Sui Generis?

Answer 6

use which could have an adverse effect on locality i.e. entertainment, hot food

Question 7

give some examples of permitted developments

Answer 7

o Dwelling extensions below a certain size;
o Minor work (i.e. painting, installing CCTV);
o Specified changes of use (inc. some Sui Generis)

Question 8

explain automatic planning permission and the effect

Answer 8

under Town & Country Planning (General Permitted Development) Order 2015 (GPDO), some developments are ‘permitted’.

if it is a permitted development, the need to apply for planning permission is dispensed with - it is automatically granted.

it is important to note that PP is still required for the work, it is just automatically granted.

Question 9

how can permitted development rights be limited?

Answer 9

the SoS or LPA can exclude a permitted development by issuing an Article 4 Direction

Question 10

what should the solicitor do if they are unsure as to whether the works are permitted and/or constitute a development? What are the possible outcomes?

Answer 10

they should apply to the LPA for a Certificate of Lawfulness of Proposed Use or Development. Outcome:
o Approved  it is either not a development or is covered by GPDO; or
o Refused  not either of the above. PP must be obtained.