What is development?
Development has been defined as…
“the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any building or other land”
Source: Town and Country Planning Act 1990 – England and Wales
A note about temporary structures:
Temporary or moveable structures are not usually viewed as development. Such structures include moveable chattels and – for example – mobile field shelters for animals, that have skids and are regularly moved around the field they are in.
However, just because a structure is technically mobile – such as a caravan – doesn’t mean it avoids being development. It could still be operational development or involve a material change of use of land.
What needs planning permission?
According to the Government…
“You’ll probably need planning permission if you want to: build something new, make a major change to your building, such as building an extension, or change the use of your building” [although…] “Some building projects do not need planning permission. This is known as ‘permitted development rights’”
Source: Gov.uk – Planning permission
In essence, whilst ‘development’ needs planning permission, there has been a national grant of planning permission for some types of development, conferring ‘permitted development rights’. Where these rights apply, it is not necessary to apply for planning permission – but prior notification or approval of details may still be required.
For more on what needs planning permission, check out the following links:
Planning permission: When you need it – GOV.UK
Apply for planning permission | GOV.WALES
Do you need permission? – Planning Portal
Some local planning authorities also offer a ‘Do I need planning permission?’ service, usually for a fee. Check out your local planning authority website. Advice can also be sought from planning consultants or other experts in the planning process.
For more on permitted development rights and circumstances where applying for planning permission might not be needed, see our dedicated page…
Types of consent
There are a whole host of different types of planning applications and submissions. For more information, check out the Planning Portal – Consent Types
You may also need Building Regulations approval, see here: Planning Portal – Building Control
Planning application process
This is summarised at Planning Portal – The Decision-Making Process
There is also information available on local planning authority (LPA) websites. Most LPAs also offer pre-application planning advice on your proposal, for a fee.
When submitting planning applications, there are certain national requirements for all types of applications, and each LPAs may have its local validation requirements (e.g. drawings, surveys, reports). Again, check your LPA’s website.
In England, remember there is also Biodiversity Net Gain to consider for certain types of planning application that are not exempt.
A planning application fee needs to be paid for most types of application. There may also be admin charge. See: Planning Portal – How much does a planning application cost?
Other relevant links:
Gov.uk – Determining a planning application
Planning Portal – Planning permission
Planning Aid England – Overview of planning application process
Timescales
To bear mind: whilst LPAs have target timescales to decide planning applications, many authorities are under-resourced, and it only takes an issue or two to crop up, e.g. need amended plans or further information, for a decision to be delayed. Especially if consultees have to be re-consulted as part of this process. If a planning application has to be reported to a planning committee for a decision, or if a legal agreement is required, then this will lengthen timescales.
Conditions
Where planning permission is granted, there are likely to be planning conditions applied. Some of these can be pre-commencement conditions, which usually require certain details to be submitted for approval before the development can commenced. Getting these details submitted and approved can add several weeks (or indeed months) to the process.
For more information see the links below.
Gov.uk – Use of planning conditions (gov.uk)
Gov.wales – Use of planning conditions
Planning Portal – Approval (discharge) of conditions
Appeals
Should a planning application be refused, the applicant can choose whether to discontinue their plans, submit a revised application, or appeal the decision.
For more information on appeal, see the links below:
Gov.uk – Appeal a planning decision
Gov.uk – Procedural Guide: Planning appeals – England
Gov.wales – Appeal a planning decision
Planning Aid England – Planning appeals
Planning Aid Wales – Planning appeals
Enforcement
Lastly, planning enforcement also forms part of ‘development management’.
Local planning authorities have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative areas.
For more on enforcement, check out the link below:
Gov.uk guidance on Enforcement and post-permission matters
Relevant links
Gov.uk – Plain English guide to the planning system (England)
Related pages
This page is for informational purposes only and should not be taken as advice or recommendation. It may not be comprehensive or up-to-date, and may omit important regulations, policies or criteria. You should do your own research and seek professional advice as appropriate before deciding your way forward. See website disclaimer / terms of use.
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