Learning Outcomes
After reading this article, you will be able to identify when planning permission is required in property transactions, explain the statutory definition of development, distinguish between permitted development and express permission, outline the planning application process, and understand the consequences of breaches of planning control. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls.
SQE1 Syllabus
For SQE1, you are required to understand when planning permission is needed in property transactions and how to advise clients on planning law issues. Focus your revision on:
- The statutory definition of development under the Town and Country Planning Act 1990 (TCPA 1990)
- What constitutes permitted development and the effect of Article 4 Directions
- The planning application process and types of planning permission
- The consequences of unauthorised development and enforcement action
- The distinction between planning permission and building regulations approval
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.
- What is the statutory definition of "development" for planning law purposes?
- Name two examples of works that are usually permitted development and do not require express planning permission.
- What is an Article 4 Direction and how does it affect permitted development rights?
- What are the main consequences if a property owner carries out development without the required planning permission?
- True or false? Obtaining planning permission automatically means that building regulations approval is not required.
Introduction
Planning law controls the development and use of land in England and Wales. For property transactions, it is essential to know when planning permission is required, what counts as development, and the risks of non-compliance. This article explains the key principles, the process for obtaining planning permission, and the consequences of breaches, as required for SQE1.
The Statutory Definition of Development
The starting point for planning law is the statutory definition of development.
Key Term: development
Development means the carrying out of 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 (s 55(1) TCPA 1990).
Most construction works, extensions, and significant changes of use will be development and may require planning permission.
Key Term: material change of use
A material change of use occurs when the character of the use of land or buildings changes in a way that affects planning considerations, such as converting a house into a shop.
Works That Are Not Development
Not every alteration or use of land is classed as development. The TCPA 1990 excludes certain activities.
Key Term: matters that do not constitute development
These include:
- Internal works to a building that do not materially affect the external appearance
- Use of land within the curtilage of a dwelling for purposes incidental to its enjoyment
- Changes of use within the same use class
For example, fitting a new kitchen or repainting internal walls is not development and does not require planning permission.
Permitted Development and Article 4 Directions
Some development is permitted automatically by national rules.
Key Term: permitted development
Permitted development is development that does not require express planning permission because it is granted by the Town and Country Planning (General Permitted Development) Order 2015 (GPDO).
Common examples include small home extensions, certain loft conversions, and minor alterations. However, these rights are subject to conditions and limitations.
Key Term: Article 4 Direction
An Article 4 Direction is a local authority order that removes permitted development rights in a specified area, meaning express planning permission is required for works that would otherwise be permitted.
Article 4 Directions are often used in conservation areas or for listed buildings.
Use Classes and Changes of Use
The Town and Country Planning (Use Classes) Order 1987 (as amended) groups uses of land and buildings into classes (e.g., Class E for commercial, Class C3 for residential). Changing use within the same class does not require planning permission. Changing to a different class usually does.
The Planning Application Process
When development is not permitted development or is restricted by an Article 4 Direction, express planning permission is required.
Key Term: planning permission
Planning permission is formal approval from the local planning authority (LPA) to carry out development or a material change of use.
There are two main types of planning permission:
- Full planning permission: Approval for a specific development with detailed plans.
- Outline planning permission: Approval for the principle of development, with details to be approved later (reserved matters).
The process involves submitting an application to the LPA, including plans and supporting documents. The LPA will consult neighbours and relevant bodies, then decide to grant, grant with conditions, or refuse permission.
Worked Example 1.1
A client wants to build a small rear extension to their house, which is not listed and not in a conservation area. Does the client need to apply for planning permission?
Answer: If the extension falls within the limits set by the GPDO (e.g., size, height, position), it is likely to be permitted development and will not require express planning permission. However, if the property is subject to an Article 4 Direction or the extension exceeds the permitted limits, planning permission will be required.
Enforcement and Breach of Planning Control
Carrying out development without the required planning permission is a breach of planning control. The local planning authority has enforcement powers.
Key Term: enforcement notice
An enforcement notice is a formal notice issued by the LPA requiring the owner to remedy a breach of planning control, such as removing unauthorised works or ceasing an unauthorised use.
There are time limits for enforcement:
- 4 years for unauthorised building works or change of use to a single dwelling
- 10 years for other breaches (e.g., change of use, breach of condition)
Failure to comply with an enforcement notice is a criminal offence and can result in fines.
Key Term: planning contravention notice
A planning contravention notice is a preliminary notice issued by the LPA to obtain information about a suspected breach before deciding on enforcement action.
Building Regulations
Planning permission and building regulations are separate requirements.
Key Term: building regulations approval
Building regulations approval is official confirmation that building works comply with national standards for safety, health, energy efficiency, and accessibility.
Most building works (including extensions, structural alterations, and some changes of use) require building regulations approval, even if planning permission is not needed. Failure to comply can result in enforcement action, fines, or orders to remove or alter the works.
Worked Example 1.2
A property owner receives planning permission for a loft conversion but does not apply for building regulations approval. What are the risks?
Answer: The owner is at risk of enforcement action by the local authority for breach of building regulations. The works may need to be altered or removed, and the owner could be fined. Planning permission does not remove the need for building regulations approval.
Listed Buildings and Conservation Areas
Additional controls apply to listed buildings and properties in conservation areas.
Key Term: listed building consent
Listed building consent is required for works that affect the character of a listed building, in addition to any planning permission.
Carrying out unauthorised works to a listed building is a criminal offence. In conservation areas, permitted development rights may be restricted, and demolition or significant alterations usually require planning permission.
Consequences for Property Transactions
When acting in a property transaction, always check:
- Whether all necessary planning permissions and building regulations approvals have been obtained for past works
- Whether there are any outstanding enforcement notices or breaches
- Whether the property is listed or in a conservation area
- Whether any restrictions (e.g., covenants) affect development
Failure to do so can expose the buyer to enforcement action, reduce the value of the property, or make it unmortgageable.
Exam Warning
If a client purchases a property with unauthorised works, the buyer may inherit liability for enforcement action. Always check permissions and approvals before exchange of contracts.
Summary
| Issue | Planning Permission Required? | Building Regulations Required? |
|---|---|---|
| Internal decoration | No | No |
| Small rear extension (within GPDO limits) | No (unless Article 4 Direction) | Yes |
| Loft conversion | Maybe (check GPDO/Article 4) | Yes |
| Change of use within same class | No | Maybe (if structural works) |
| Change of use to different class | Yes | Maybe |
| Works to listed building | Yes (listed building consent) | Yes |
Key Point Checklist
This article has covered the following key knowledge points:
- The statutory definition of development under the TCPA 1990 includes most building works and material changes of use.
- Some works are not development (e.g., internal alterations) and do not require planning permission.
- Permitted development rights allow certain works without express permission, but can be removed by Article 4 Directions.
- Planning permission is required for development not covered by permitted development or where rights have been removed.
- The planning application process involves submitting plans to the LPA, consultation, and a decision.
- Enforcement action can be taken for unauthorised development, with strict time limits.
- Planning permission and building regulations approval are separate requirements; both may be needed.
- Additional controls apply to listed buildings and conservation areas.
- Always check for permissions, approvals, and enforcement issues in property transactions.
Key Terms and Concepts
- development
- material change of use
- matters that do not constitute development
- permitted development
- Article 4 Direction
- planning permission
- enforcement notice
- planning contravention notice
- building regulations approval
- listed building consent
