![]() ![]() Revision date: 06 03 2014 What if there are restrictions through deeds or covenants that prevent development? It is the developer’s responsibility to ensure that any necessary permissions, consents and permits (including permits and licences outside of planning such as those granted under the Licensing Act 2003 and Gambling Act 2005) are in place when required. ![]() The following list is not exhaustive but illustrates some of the other permissions or consents that may need to be obtained before carrying out development: Revision date: 06 03 2014 If it is not necessary to make a planning application, are there any other steps required before the development goes ahead?Įven if a planning application is not needed, other consents may be required under other regimes. In all other cases it will be necessary to make a planning application to a local planning authority. There may also be a locally granted planning permission in place that covers the type of development you wish to undertake, in the form of a Local Development Order, a Neighbourhood Development Order or a Community Right to Build Order. To receive a formal confirmation of this, an application for a certificate of lawful development can be submitted to a local planning authority. In some cases development will be permitted under national permitted development rights. Revision date: 06 03 2014 Does all development require a planning application to be made for permission to carry out the development?ĭevelopment does not in all instances require a planning application to be made for permission to carry out the development. Development which is to be carried out by a local authority, national park authority or statutory undertaker that has been authorised by a relevant government department.local grants of planning permission through Local or Neighbourhood Development Orders or Community Right to Build Orders.national grants of permission by the General Permitted Development Order which allows certain building works and changes of use to be carried out without having to make a planning application.local authority grants of planning permission.However, there are different types of planning permission, such as: Section 57 of the Town and Country Planning Act 1990 directs that all operations or work falling within the statutory definition of ‘development’ require planning permission. Revision date: 06 03 2014 Does all development require planning permission? a change in the primary use of land or buildings, where the before and after use falls within the same use class.The term ‘materially affect’ has no statutory definition, but is linked to the significance of the change which is made to a building’s external appearance. building operations which do not materially affect the external appearance of a building.interior alterations (except mezzanine floors which increase the floorspace of retail premises by more than 200 square metres).These include, but are not limited to the following: The categories of work that do not amount to ‘development’ are set out in section 55(2) of the Town and Country Planning Act 1990. subdivision of a building (including any part it) used as a dwellinghouse for use as 2 or more separate dwelling houses.other operations normally undertaken by a person carrying on a business as a builder.engineering operations (eg groundworks).material changes of use of land and buildings.building operations (eg structural alterations, construction, rebuilding, most demolition).Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990. If you’d like an email alert when changes are made to planning guidance please subscribe. ![]() Where plans are being prepared under the transitional arrangements set out in Annex 1 to the revised National Planning Policy Framework, the policies in the previous version of the framework published in 2012 will continue to apply, as will any previous guidance which has been superseded since the new framework was published in July 2018. ![]()
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