Q&As

Can planning permission for change of use be implemented by operations rather than by the actual change of use?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers
Published on: 03 November 2021
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We have assumed that the planning permission in question is granted on application by the local planning authority or Secretary of State on appeal.

The answer to this question is likely to depend, at least in part, on the particular terms of the notice of planning permission and how it is to be interpreted, but in the event of any controversy or dispute, careful attention to the terms of section 56 of the Town and Country Planning Act 1990 (TCPA 1990) is required.

As is widely-known, development is defined by TCPA 1990, s 55 and may consist of what is known as ‘operational development’ or of a ‘material change of use’ of land. Often a particular development project will involve both but the two forms of development

Harriet Townsend
Harriet Townsend

Cornerstone Barristers

Harriet is a barrister with some 25 years' experience. Her principal areas of practice concern planning and environment law, and related property matters.

Recent work includes major compulsory purchase and compensation disputes; contentious residential proposals and related problems of housing land supply; high value basement development in London; and environmental impact assessment raising some of the most complex environmental issues of the day including heritage impact, habitats and species protection, and air quality concerns.

Harriet is frequently engaged to provide advice ' often on difficult questions of law, but also on strategy, procedure, and the conduct of negotiations. Recent instructions include the conduct of local authority Councillors, compensation claims under Part 1 of the Land Compensation Act 1973, reform of compulsory purchase law, and current legal issues in waste management.

On Climate Change, Harriet is the author of two articles in the Journal of Planning Law (2008 and 2009) and is following policy developments in this area with interest.

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