Is planning permission required?

Meaning of development

Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.

Development is defined in TCPA 1990, s 55(1):

•
the carrying out of building, engineering, mining or other operations in, on, over or under land, or
•
the making of any material change in the use of any buildings or other land

TCPA 1990 therefore controls two distinct types of development: operational development and material changes of use.

Operational development

Operational development includes building operations, engineering operations, mining operations and other operations.

See Practice Note: Operational development.

Building operations

Building operations include demolition, rebuilding, structural alterations or additions to a building or any work normally undertaken by a builder. Whether building operations constitute development may depend on the size, permanence and physical attachment of the building.

The main exceptions are works to maintain, improve or alter only the interior of a building or works of maintenance or alteration where they do not materially affect the building’s external appearance (although works

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

DfT launches consultation on proposals to support transition to ZEVs

The Department for Transport (DfT) has launched a consultation, seeking views on proposals supporting the UK's transition to zero emission vehicles (ZEVs). The consultation is divided into two parts. The first, conducted solely by the UK government, focuses on phasing out the sale of new petrol and diesel cars from 2030. It seeks input on ending the sale of new internal combustion engine cars from 2030, potential requirements for new non-zero emission vans to be sold from 2030 to 2035, considerations for small volume manufacturers, and measures to support ZEV uptake. The second part, conducted in collaboration with devolved administrations, examines the ZEV Mandate, delivered though vehicle emissions trading schemes. It seeks views on existing flexibilities and potential technical updates to the Mandate, which will inform future amendments to the Mandate and CO2 emissions regulation. The consultation closes on 18 February 2024.

Government proposes further compulsory purchase reforms

Planning analysis: On 19 December 2024, the Ministry of Housing, Communities and Local Government published a consultation on compulsory purchase reforms (the Consultation), seeking views on a range of proposals aimed at implementing technical reforms to the compulsory purchase process and compensation rules. This analysis pulls together the key proposals relevant to planning practitioners in England and Wales.

Welsh Government publishes procedural guidance on DNS

The Welsh Government has published procedural guidance for Developments of National Significance (DNS) applications. The document details the DNS process, covering stages from pre-application and submission to acceptance checks, examination, and decision-making. Key areas covered include statutory pre-application consultation requirements, environmental impact assessment procedures, the Habits Regulations assessment process, and the role of local planning authorities in preparing Local Impact Reports. It also provides information on the costs associated with DNS applications and secondary consents.

NESO submits connections reform proposals to Ofgem

The National Energy System Operator (NESO) has submitted a series of connections reform proposals to Ofgem, including Code Modifications CMP434, CMP435, and CM095, along with three proposed connections reform methodologies. If approved, these reforms will prioritise projects based on readiness and alignment with the government's Clean Power 2030 (CP30) Action Plan 2030, introduce new delivery requirements, and eliminate stalled projects from the queue. Ofgem is expected to make a decision on these proposals in Q1 2025. Subject to approval, these changes, along with associated licence modifications, will facilitate the implementation of a reformed connections process starting in May 2025. An evidence submission window will open in Q2 2025, providing project developers in the current queue a minimum of two weeks to submit a Gate 2 declaration/application. NESO will then review submissions and work with network companies to establish the new connections queue via the ‘Gate 2 to Whole Queue’ exercise. NESO plans to begin issuing Gate 1 offers from Q2 2025 and aims to issue Gate 2 offers as soon as possible in 2025.