Planning law in property transactions - Statutory definition of 'development'

Learning Outcomes

After studying this article, you will be able to identify and apply the statutory definition of 'development' in planning law, distinguish between operational development and material change of use, recognise key statutory exceptions, and explain the role of permitted development rights and Article 4 Directions. You will be able to advise clients on when planning permission is required and analyse common exam scenarios involving development in property transactions.

SQE1 Syllabus

For SQE1, you are required to understand the statutory definition of 'development' in planning law and its practical implications for property transactions. Focus your revision on:

  • The statutory definition of 'development' under the Town and Country Planning Act 1990 (TCPA 1990)
  • The distinction between operational development and material change of use
  • Statutory exceptions to what constitutes 'development'
  • The concept and scope of permitted development rights under the General Permitted Development Order (GPDO)
  • The effect of Article 4 Directions and local restrictions on permitted development
  • The practical consequences for clients proposing works or changes of use

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.

  1. Which two main categories are included in the statutory definition of 'development' under s 55 TCPA 1990?
  2. Give two examples of activities that are specifically excluded from the definition of 'development' by statute.
  3. What is the effect of an Article 4 Direction on permitted development rights?
  4. True or false? Internal alterations to a building always require planning permission.
  5. What is a 'material change of use' and when does it require planning permission?

Introduction

When advising clients on property transactions, it is essential to determine whether proposed works or changes of use will require planning permission. This depends on whether the activity amounts to 'development' as defined by statute. Understanding the statutory definition, its exceptions, and the operation of permitted development rights is fundamental for SQE1.

Statutory Definition of 'Development'

The primary legislation governing planning control in England and Wales is the Town and Country Planning Act 1990 (TCPA 1990). The Act sets out when planning permission is required by defining what is meant by 'development'.

Key Term: development
Development is defined in s 55(1) TCPA 1990 as 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.

This definition covers two main categories:

  • Operational development: Physical works such as building, engineering, mining, or other operations.
  • Material change of use: A significant change in how land or buildings are used.

Key Term: operational development
Physical works that alter the land or buildings, including construction, demolition, structural alterations, or engineering works.

Key Term: material change of use
A change in the use of land or buildings that is significant enough to affect the character or planning status of the property.

Statutory Exceptions: What Is Not 'Development'?

Not all activities fall within the statutory definition of 'development'. Section 55(2) TCPA 1990 lists specific exceptions.

Key Term: matters that do not constitute development
Activities excluded from the definition of development by statute, such as:

  • Works affecting only the interior of a building, provided they do not materially affect the external appearance.
  • Changes of use within the same use class under the Town and Country Planning (Use Classes) Order 1987.
  • Uses incidental to the enjoyment of a dwellinghouse (e.g., using a room as a home office).

Examples of Excluded Activities

  • Painting the inside of a house or installing new kitchen units (internal works).
  • Converting a shop to a café, where both uses fall within the same use class (Class E).
  • Using a garage as a home gym, if this is incidental to the main residential use.

Worked Example 1.1

A client wishes to convert their spare bedroom into a home office, with no external changes to the property. Is this 'development' requiring planning permission?

Answer: No. Internal alterations that do not materially affect the external appearance of the building are not 'development' under s 55(2)(a) TCPA 1990. Planning permission is not required.

Material Change of Use

A material change of use occurs when the way land or buildings are used is altered in a way that is significant in planning terms.

Key Term: material change of use
A change in use that is significant enough to require planning permission, such as converting a house to flats or a shop to a takeaway.

Whether a change is 'material' depends on factors such as the impact on the local area, increased traffic, or a change in the character of the use.

Worked Example 1.2

A client wants to change a residential house into a small guesthouse (bed and breakfast) without any building works. Is this a material change of use?

Answer: Yes. Changing from residential use (Class C3) to guesthouse use (Class C1 or sui generis) is a material change of use and constitutes 'development'. Planning permission is required.

Permitted Development Rights

Some types of development are automatically granted planning permission by statutory instrument, known as permitted development rights.

Key Term: permitted development
Certain types of development that are granted automatic planning permission by the General Permitted Development Order (GPDO), subject to conditions and limitations.

Common examples include:

  • Small rear extensions to houses within specified size limits
  • Installation of solar panels
  • Certain changes of use between specified use classes

Permitted development rights are subject to conditions and may be withdrawn or restricted in certain areas.

Article 4 Directions

Local planning authorities can remove permitted development rights in specific areas by issuing an Article 4 Direction.

Key Term: Article 4 Direction
A direction made by a local planning authority removing permitted development rights for specified types of development in a defined area.

This is commonly used in conservation areas or areas of special interest.

Worked Example 1.3

A homeowner in a conservation area wishes to build a rear extension that would normally be permitted development. However, the local authority has issued an Article 4 Direction covering the area. Is planning permission required?

Answer: Yes. The Article 4 Direction removes permitted development rights, so express planning permission is required for the extension.

Practical Implications for Property Transactions

When advising clients, you must:

  • Identify whether proposed works or changes of use amount to 'development'
  • Check if any statutory exceptions apply
  • Determine whether permitted development rights are available and whether they have been restricted by an Article 4 Direction or other local measures
  • Advise on the need for planning permission and the risks of proceeding without it

Exam Warning

Planning permission is required for both operational development and material change of use unless an exception or permitted development right applies. Always check for local restrictions such as Article 4 Directions, especially in conservation areas.

Key Point Checklist

This article has covered the following key knowledge points:

  • The statutory definition of 'development' includes operational development and material change of use (s 55 TCPA 1990)
  • Certain activities are excluded from the definition of 'development' (e.g., internal works, changes within the same use class, incidental uses)
  • Permitted development rights grant automatic planning permission for specified works, subject to conditions and limitations
  • Article 4 Directions can remove permitted development rights in defined areas
  • Always check whether planning permission is required before advising clients on proposed works or changes of use

Key Terms and Concepts

  • development
  • operational development
  • material change of use
  • matters that do not constitute development
  • permitted development
  • Article 4 Direction
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