Planning Permission Needed for Carrying Out of Development
The main idea behind implementing the planning system is that permission is required for any activity that constitutes as ‘development’. Section 55 of the Town and Country Planning Act indicates that:
- Development includes building, engineering, mining, and other operations, in, over or under the land. It also includes alterations to an existing building or erecting a new building.
- Development also includes making of a change in the use of any building or any other land.
If the buyer intends to do one or all of these jobs, the buyer’s conveyancing solicitor should consider the possibility of seeking permission. When it is about change of use, only material change needs permission.
Matters Which do not Constitute Development
There are certain repair jobs and alterations that do not come under the purview of the word ‘development’ and hence no permission is required. Common examples of such jobs include:
- Work carried out for the maintenance, improvement and alteration of the building which affects only the interior and does not alter the exterior appearance of the building.
- The use of land immediately surrounding the house for a purpose that is incidental to the use of the house.
- Change of use within the same class as mentioned in the TCPA –UCO. UCO refers to the list of uses that are grouped together in one class and every group is identified by a letter and a number. A change of use within the same class does not constitute as development and does not need permission.
A detail of the classes can be found in text books specifically explaining the UCO, but here is a general summary of the most common classes:
A1: Can be used as a retail shop, but cannot be used to sell hot food.
A2: Can be used for professional and financial services.
A3: Can be used to sell food, drink that can be consumed within the property.
A4: Can be used as a public house or wine bar.
A5: Can be used to sell hot food that is consumed outside the property (takeaway eateries).
B1: Offices Other than those covered by A2 and other industrial uses.
B2: Other industrial use.
B8: Can be used for storage and distribution.
C3: Can be used as a dwelling house.
C4: Can be used for houses with multiple occupations. C3 and above houses are occupied by a single person or family, but C4 covers shared houses such as those containing bedsits.
D1: Can be used only to run non-residential centres such as medical centres, museums, etc.
D2: Can be used for assembly and leisure activities such as movie houses and swimming pools.
The UCO should be referred when buying a property to determine its class, but the following points should be considered before instructing a client:
- A change within a use class does not indicate development, but changes of use between classes are development and permission will be required.
- Changing a single dwelling house into a multi dwelling house needs planning permission.
- Some uses such as petrol station, launderette, club, hostel, etc are excluded from any category in the UCO.
Matters that do not Need Express Planning permission:
Some development plans that fall directly under the purview of the Town and Country Planning can be granted without an application. There are thirty different categories of development where express permission is not required. The most common of these categories includes:
- Development of the land that is immediately surrounding the house: This includes erection of extension and porches to the house and laying down of a hard surface.
- Minor Operations: Erection of fences, gates, painting the exteriors etc.
- Change of use: Changing of use from Class A2 to a use within A1, B2 to B1 or B1 or B2 to B8, A3 to A1, A4 to A3, and A3 to A2.
The following points should be considered before giving advice:
- Every category within the GPDO has a condition attached to it within the GPDO. The conditions must be strictly adhered to and express permission must be sought before effective development. Volume and height restrictions apply to an extension.
- The rights granted by the GPDO can be suspended such as those in the land of outstanding beauty.
- The GPDO can be restricted by the LPA in whole or in part.
LPA also have the power to issues local development orders. There are limitations on the type of development that can be allowed under local development orders and the LPA must consult with interested bodies.
Demolition:
Certain demolition works can be excluded from the purview of demolition. However, the Court of Appeal has declared that the provisions exempting demolition from the definition is unlawful. Thus, demolition work now requires permission, and is automatically granted by the GPDO. But express permission is required when the demolition may cause a significant effect on the environment.
Photo courtesy: SFB579 🙂
