Learning Outcomes
After reading this article, you will be able to identify when planning permission is not required for certain works or changes of use under the Town and Country Planning Act 1990 and the General Permitted Development Order. You will understand the scope and limits of permitted development rights, the effect of Article 4 Directions, and the significance of internal works and use class changes for property transactions. You will be able to apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand when planning permission is not required for property works or changes of use. Focus your revision on:
- The statutory definition of "development" and what is excluded from it
- The concept and scope of permitted development rights under the General Permitted Development Order (GPDO)
- The effect of Article 4 Directions in restricting permitted development rights
- When internal works do not require planning permission
- When changes of use do not require planning permission, including use class changes
- The practical implications for property transactions and client advice
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Which types of building works are generally excluded from the statutory definition of "development" and do not require planning permission?
- What is a permitted development right, and how can it be restricted?
- When does a change of use not require express planning permission?
- What is the effect of an Article 4 Direction on permitted development rights?
Introduction
When advising on property transactions, it is essential to know when planning permission is not required for proposed works or changes of use. Not all building works or changes to a property amount to "development" under planning law, and many are covered by permitted development rights. Understanding these exceptions is essential for SQE1 and for providing accurate advice to clients.
Works Not Constituting "Development"
The Town and Country Planning Act 1990 (TCPA 1990) defines "development" as building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
However, certain activities are specifically excluded from this definition and do not require planning permission.
Key Term: development
"Development" means building, engineering, mining or other operations in, on, over or under land, or a material change in use of buildings or land (TCPA 1990, s 55).Key Term: matters that do not constitute development
Activities excluded from the definition of "development" and therefore not requiring planning permission, such as internal works or certain changes of use.
Internal Works
Works affecting only the interior of a building, or works that do not materially affect the external appearance, are not "development" (TCPA 1990, s 55(2)(a)). This means that most internal alterations—such as removing internal walls, installing new kitchens or bathrooms, or changing internal layouts—do not require planning permission.
Key Term: internal works
Alterations or improvements affecting only the inside of a building, which do not materially affect the external appearance and are not "development".
Incidental Use
The use of buildings or land within the curtilage of a dwellinghouse for purposes incidental to the enjoyment of the dwellinghouse (such as garden sheds, home offices, or garages) is not "development" (TCPA 1990, s 55(2)(d)), provided the use remains genuinely incidental.
Change Within Same Use Class
A change of use within the same use class under the Town and Country Planning (Use Classes) Order 1987 does not constitute "development" (TCPA 1990, s 55(2)(f)). For example, changing a shop to a café (both within Class E) does not require planning permission.
Key Term: use class
A category of property use defined by the Use Classes Order, grouping similar uses together for planning purposes.
Permitted Development Rights
Even where works or changes of use do constitute "development," many are allowed without express planning permission under the General Permitted Development Order (GPDO).
Key Term: permitted development
Development that is automatically granted planning permission by the GPDO, subject to conditions and limitations.
Permitted development rights cover a wide range of minor works, including:
- Small extensions, porches, and conservatories within specified size limits
- Certain alterations to roofs, windows, and doors
- Erection of fences, walls, and gates within height limits
- Some changes of use between specified use classes
These rights are subject to detailed conditions and limitations set out in the GPDO. If the proposed works meet these requirements, no planning application is needed.
Worked Example 1.1
A homeowner wishes to build a single-storey rear extension that extends 3 metres from the original rear wall of a semi-detached house. Is planning permission required?
Answer: No, provided the extension meets the conditions and limitations in the GPDO (including height, materials, and location), it is permitted development and does not require express planning permission.
Article 4 Directions
Local planning authorities can restrict permitted development rights in specific areas by issuing an Article 4 Direction. This removes specified permitted development rights, meaning that planning permission is required for works that would otherwise be permitted.
Key Term: Article 4 Direction
A direction made by a local planning authority to withdraw specified permitted development rights in a defined area.
Article 4 Directions are commonly used in conservation areas or areas of special interest to control changes that could harm local character.
Worked Example 1.2
A property is in a conservation area with an Article 4 Direction removing permitted development rights for replacement windows. Can the owner replace the windows without planning permission?
Answer: No. The Article 4 Direction means that planning permission is required for this work, even though it would otherwise be permitted development.
Changes of Use Not Requiring Permission
Certain changes of use do not require express planning permission, either because they are not "development" or because they are permitted development under the GPDO.
- Changes within the same use class (e.g., shop to office within Class E)
- Changes between specified use classes permitted by the GPDO (e.g., office to residential, subject to prior approval)
- Temporary uses permitted by the GPDO
Key Term: prior approval
A process where the local planning authority must approve certain aspects of a permitted development before work can begin, even though express planning permission is not required.
Worked Example 1.3
A small shop (Class E) is converted to a financial services office (also Class E). Is planning permission required?
Answer: No, as both uses fall within the same use class, this is not "development" and does not require planning permission.
Limitations and Exceptions
Permitted development rights do not apply in all circumstances. They may be restricted or removed in:
- Conservation areas
- National parks and Areas of Outstanding Natural Beauty
- Listed buildings (where listed building consent may be required)
- Areas subject to an Article 4 Direction
Additionally, some works—such as large extensions, changes to listed buildings, or changes of use to certain sui generis uses—will always require planning permission.
Exam Warning
Many candidates incorrectly assume that all minor works are permitted development. Always check the GPDO conditions and whether any Article 4 Direction or other restriction applies.
Summary
- Not all works or changes of use require planning permission.
- Internal works and changes within the same use class are generally not "development."
- The GPDO grants permitted development rights for many minor works and changes of use, subject to conditions.
- Article 4 Directions can remove permitted development rights in specific areas.
- Always check for local restrictions and the need for prior approval.
Key Point Checklist
This article has covered the following key knowledge points:
- The statutory definition of "development" and exclusions for internal works and incidental uses
- The scope and operation of permitted development rights under the GPDO
- The effect of Article 4 Directions in restricting permitted development
- When changes of use do not require planning permission
- The importance of checking for local restrictions and prior approval requirements
Key Terms and Concepts
- development
- matters that do not constitute development
- internal works
- use class
- permitted development
- Article 4 Direction
- prior approval
