Planning

Planning

This overview highlights key planning issues for construction lawyers and provides links to relevant content. Further information and guidance is provided in the Planning Practice Area.

Is planning permission required?

Planning permission is required for the 'development' of land. Development is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990) as comprising:

•
operations affecting land, and
•
changes of use of land

See Overview: Is planning permission required?

Planning permission or ‘prior approval’ may be required to demolish a building, depending on the type and size of building and where it is located. Permitted development rights exist for building operations consisting of the demolition of a building, subject to certain conditions and exceptions. The local planning authority (LPA) can make a direction to restrict the permitted development rights that apply to demolition. See Practice Note: Planning issues in demolition.

Planning applications

An application for outline planning permission provides a decision on the general principles of how a site can be developed (TCPA 1990, s 92). Outline planning permission is granted subject to conditions requiring

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