Learning Outcomes
After reading this article, you will be able to:
- Identify which activities do not require express planning permission under planning law.
- Distinguish between development, non-development, and permitted development.
- Apply the GPDO and understand the effect of Article 4 Directions.
- Advise clients effectively on when planning permission is not needed for land use or building works, including exceptions and limitations.
SQE2 Syllabus
For SQE2, you are required to understand the practical operation of planning law in conveyancing contexts. Focus your revision on:
- Recognising when works or changes of use amount to development under planning legislation.
- Identifying types of works and activities specifically excluded from the statutory definition of development.
- Explaining the effect of permitted development rights under the General Permitted Development Order (GPDO).
- Understanding the concept and legal impact of Article 4 Directions.
- Advising clients on limitations and conditions applicable to permitted development and exclusions.
- Evaluating how building regulations interact with planning law, especially where planning permission is not required.
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 work do not require express planning permission under UK planning law?
- What is permitted development, and how is it established in law?
- What is the purpose of an Article 4 Direction?
- Does compliance with permitted development rights eliminate the necessity for building regulations approval?
- Give an example of a change of use that is not considered development.
Introduction
Planning law regulates what can be built or changed in the use of land in England and Wales. Not every building operation or change of use requires permission from the local planning authority. It is critical for solicitors to identify when express planning permission is not needed, to avoid unnecessary applications or to alert clients to potential liabilities when overlooking statutory requirements.
What is Development?
Development generally means carrying out building, engineering, mining or other operations on, over or under land, or making a material change in the use of any buildings or land.
Key Term: development
'Development' occurs where there are physical operations on land or a material change in the use of land or buildings, as defined by statute.
Some activities do not meet the legal criteria for development and therefore escape the need for planning permission.
Matters Not Constituting Development
Certain works and uses are excluded from the definition of development. In these cases, express planning permission is not required.
Key Term: matters not constituting development
Activities and operations specifically excluded from the statutory definition of development—these do not require planning permission.
Typical examples include:
- Works for maintenance or improvement of a building that only affect its interior.
- Changes in the primary use within the same use class.
- Incidental uses within the curtilage of a dwellinghouse.
Worked Example 1.1
A client wishes to fit-out a shop with new shelving and modify its internal layout, without altering the exterior. Is planning permission needed?
Answer:
No, as these internal alterations do not materially affect the external appearance and are thus not development for planning law purposes.
Permitted Development Under the GPDO
Even if a task is 'development', some types are granted deemed consent by law. This is known as 'permitted development' under the Town and Country Planning (General Permitted Development) Order 2015 (GPDO).
Key Term: permitted development
Development for which planning permission is automatically granted by the General Permitted Development Order, removing the need to apply for express planning consent subject to defined limits and conditions.
Permitted development rights cover:
- Small extensions and conservatories within prescribed limits.
- Erection of outbuildings and fences.
- Certain changes of use between specified classes.
Limits and conditions apply (e.g. size, height, location, and type of property). If the proposed work exceeds these limitations, express planning permission is required.
Worked Example 1.2
A homeowner wants to build a single-storey rear extension within the GPDO size limits for a domestic house (not in a conservation area). Is planning permission required?
Answer:
No, it falls within permitted development rights. However, all GPDO conditions must be satisfied and the property must not be excluded (e.g. listed building or in certain designated areas).
Article 4 Directions
Certain areas are subject to Article 4 Directions made by the local planning authority, restricting permitted development rights.
Key Term: Article 4 Direction
A legal measure issued by a local authority that removes all or part of permitted development rights in a specific area, requiring a planning application for work that would otherwise not need one.
Article 4 Directions are typically applied to:
- Conservation areas.
- Areas with unique architectural value.
- Locations where local authorities wish to retain tighter control over building operations or changes of use.
If an Article 4 Direction is in place, planning permission is required even for development that would otherwise be permitted under the GPDO.
Worked Example 1.3
A client plans to replace windows at the front of their house in a conservation area. Normally, under the GPDO, this is permitted. There is an Article 4 Direction in the area.
Answer:
Planning permission will be needed due to the Article 4 Direction. The client should confirm with the local planning authority before proceeding.
Limitations and Exceptions
Certain properties do not benefit from permitted development rights, for example:
- Listed buildings.
- Flats or maisonettes (not single dwellinghouses).
- Properties within some designated areas (e.g. National Parks, Areas of Outstanding Natural Beauty).
Permitted development may also be limited or removed by conditions on original planning permissions or through legal obligations on the property.
Interaction with Building Regulations
Key Term: building regulations approval
A separate system to planning law, requiring that most construction operations, renovations, and installations meet minimum standards for safety, use, and energy efficiency.
Not all projects that are exempt from planning permission are exempt from the need for building regulations approval. Internal works, conservatories, and extensions may still require compliance, even when permitted by planning law.
Exam Warning
A frequent error is assuming that no planning permission means no other consents are needed. Always advise clients to also check building regulations and legal restrictions like restrictive covenants or landlord's consent in leaseholds.
Summary
Planning permission is not needed for:
- Internal works that do not affect a building's exterior or structure.
- Changes of use within the same use class.
- Development expressly permitted by the GPDO, unless an Article 4 Direction removes that right.
- Some minor external works (e.g. most fences, certain outbuildings) within defined limits.
However, advisers must check for:
- Site exclusions (listed buildings, conservation areas).
- Article 4 Directions.
- Conditions on previous permissions.
- Building regulations and lease/land obligations.
Key Point Checklist
This article has covered the following key knowledge points:
- Statutory definition of development and what falls outside it.
- Categories and examples of matters that do not constitute development.
- The scope and limits of permitted development rights under the GPDO.
- Legal effect and use of Article 4 Directions to restrict permitted development.
- When building regulations approval may be required even where planning consent is not.
- The need to always check for excluded areas, property types, or previous permissions.
Key Terms and Concepts
- development
- matters not constituting development
- permitted development
- Article 4 Direction
- building regulations approval