Permitted development meaning

Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) requires planning consent for any material change in the use of buildings or land. Any limitations or conditions attached to a permission must likewise be adhered to. Liability for any existing breach will transfer to the purchaser. It is therefore essential to verify that the current use of the entire property is properly authorised and that all related conditions are being complied with, or to establish whether any unauthorised use or breach has become immune from enforcement. For further information, see Practice Note: Material change of use. Is the use authorised? Confirm the permitted use of the property, or, where relevant, each planning unit, and determine whether that use is authorised by: an explicit planning permission a certificate of lawful use, or permitted development rights If the permitted use does not mirror an express planning permission, do not assume it is unlawful; it may still be authorised by...

This Checklist summarises the principal due diligence issues for conservation areas in Scotland. It clarifies the effect of a property lying within a conservation area designated under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (P(LBCA)(S)A 1997), including tighter planning controls, possible Article 4 directions, and notification duties for works to trees... It outlines the consequences of undertaking demolition without planning permission or conservation area consent, covering enforcement action and criminal liability with no time limit. It also flags how potential breaches are identified and what the due diligence report should address. This forms part of wider guidance on planning in Scotland-see: Planning for property lawyers in Scotland-collection... Conservation areas are parts of localities designated under P(LBCA)(S)A 1997, s 61, as areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. See further: Designation of conservation areas: Stair Memorial Encyclopaedia [315]... What are the implications of the property being in a conservation area? Planning...

Conservation areas are neighbourhoods or districts identified and designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 (in England) and the Historic Environment (Wales) Act 2023 (HE(W)A 2023) as places of particular architectural or historic interest, whose character or appearance it is desirable to protect or enhance. See Practice Notes: Conservation areas in England and Conservation areas in Wales for further guidance. What are the implications of the property being in a conservation area? If the property lies within a conservation area: planning controls are tighter—permitted development rights are generally more limited in conservation areas; some conservation areas may additionally be subject to specific Article 4 directions, which restrict permitted development even further (see: Permitted development—overview and Practice Note: Article 4 directions) in England, conservation area consent is not needed for the demolition of any buildings. Proposals to demolish such buildings are determined by the local planning authority (LPA) via a formal application for planning permission accordingly. See Practice Note: Planning...

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...

Thomas v Cheltenham Borough Council [2025] EWCA Civ 259 What are the practical implications of this case? This judgment will interest practitioners dealing with prior approval applications for electronic communication developments, and, more generally, those pursuing public law challenges about material considerations and appeals against High Court decisions. It reviews the Supreme Court's guidance in Friends of the Earth v Secretary of State for Transport [2021] UKSC 52 on three types of information that can amount to a material consideration. These include: information that legislation or policy, either expressly or by necessary implication, obliges the decision-maker to take into account or to ignore; and information that the decision-maker is entitled to consider where, in their own judgement and discretion, they regard it as appropriate. The judgment underlines that, within this third class, a decision-maker may choose not to refer to something others might regard as pertinent; yet, unless it was so plainly relevant that no rational decision-maker could have left it out of account, the omission to have regard...

In this issue: Investigating criminal conduct Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Refusal to repurpose evidence in civil proceedings for criminal charging decision (WFZ v British Broadcasting Corp) The High Court has recently clarified the circumstances in which a party will be permitted to rely on witness statements outside the proceedings in which they were first served. In ongoing injunction proceedings aimed at stopping publication of a BBC investigative report into sexual abuse allegations, the court determined that the accused could not use sensitive excerpts from that report in representations to the...

Permitted development rights Section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990) makes clear that planning permission is needed for any development of land. Under TCPA 1990, s 55, ‘development’ comprises: operations affecting land (see Practice Note: Operational development), and changes of use of land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission can be conferred by a ‘development order’. The Town and Country Planning (General Permitted Development) (England) Order, SI 2015/596 (in England) (the English GPDO) and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Welsh GPDO) are such development orders (together, ‘the GPDO’). The GPDO establishes permitted development rights (PD rights), amounting to a national grant of planning permission given by that development order, allowing specified operational development and defined changes of use to proceed without submitting a planning application to the local planning authority (LPA). See Practice Notes: Permitted development in...

Article 4 directions can be employed by local planning authorities (LPAs) to remove permitted development rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 in England (the England GPDO), or by virtue of the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales (the Wales GPDO). An article 4 direction does not halt the development to which it relates; rather, it means planning permission must first be secured from the LPA for that proposal. For further detail, see Practice Notes: Permitted development in England, Permitted development rights and the prior approval system, and Permitted development in Wales. When article 4 directions should be used Statutory requirements The LPA must be satisfied that it is ‘expedient’ for development that would ordinarily enjoy permitted development rights not to proceed unless consent is granted on an application, before any development is carried out...

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control refers to the following: undertaking development without obtaining the necessary planning permission—this entails that unauthorised works or a material change of use amounting to development within the meaning of TCPA 1990, s 55 have taken place, and that such development requires planning permission which has not been secured not adhering to any condition or restriction attached to a grant of planning permission—this covers any of the limitations or conditions applied to individual permitted development rights in the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 in England and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales See Practice Note: Planning—enforcement for further detail on planning breaches. TCPA 1990, s 171A states that ‘taking enforcement action’ also includes issuing an enforcement notice, serving a breach...

This Deed is entered into on the [ insert date ] day of [ insert month ] 20[ insert year ] Parties [ insert name ] (Company Number [ insert number ]) whose registered office is at [ insert address ] (the ‘Contractor’); [ and ] [ insert name ] (Company Number [ insert number ]) whose registered office is at [ insert address ] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assignee) [ ; and OR . ] [ [ insert name ] (Company Number [ insert number ]) whose registered office is at [ insert address ] (the ‘Employer’). ] WHEREAS (A) [ [ insert name ] (Company Number [ insert number ]) whose registered office is at [ insert address ] (the ‘Employer’) OR The Employer ] has entered into a building contract dated [ insert date ] with the Contractor (the ‘Building Contract’) for the [ design and ] construction of...

1 Definitions Within this Agreement, certain expressions carry specific meanings. Illustrative terms include: AA 2020: the Agriculture Act 2020; ATA 1995: the Agricultural Tenancies Act 1995 Adjoining Property: Retained Land and nearby premises; Adjoining Property Rights: rights over the Holding benefiting such land Agreement: this instrument and any supplementary or collateral document Annual Rent: yearly sum payable from the Rent Commencement Date on Rent Days Authority: any statutory, public or local body, court, government department or duly authorised officers Conduits: media and equipment for carrying energy, data or substances Costs: losses, expenses, damages and liabilities Direct Payment: any BPS Payment or SFS Payment, as applicable Eligible Holding: parts of the Holding qualifying for a Rural Support Payment Forfeiture Event: designated insolvency processes, non-payment, or breach Genetically Modified Organisms: as defined by the Environmental Protection Act 1990, including modified or derived crops Holding: the identified property shown on the Plan Insured Risks: perils the Landlord...

Date [ date ] Parties [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Buyer) [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Seller) 1 Definitions For this Deed, the terms set out below shall have the meanings assigned to them: [ Affordable Housing • [ social rent, affordable rent and intermediate subsidised homes provided to persons who are unable to rent or buy dwellings generally available on the open market OR carries the meaning attributed to that expression in Annex 2 of the National Planning Policy Framework presently current ] ; ] Competent Authority • any: (a) local council, highway authority, government department or any other authority, body or individual exercising powers under statute or by...

Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 (EA 1989) states that: When a right granted by a wayleave is exercised and damage is caused to land or moveables, any person with an interest in that land or those moveables may claim compensation from the licence holder for the damage. Likewise, where using such a right disrupts someone’s enjoyment of any land or moveables, that individual may recover compensation from the licence holder for the disturbance. The EA 1989 empowers entities permitted to generate, transport or supply electricity to obtain a wayleave to place an electric line on, under or over private land, together with access rights for inspection, maintenance and replacement...

Under the Capital Funding Guide issued by Homes England, where a development lies within a designated protected area (DPA) and benefits from grant, the registered provider (RP) granting a shared ownership lease must include one of two provisions: limit staircasing to a maximum of 80%; or if staircasing beyond 80% is permitted, require the leaseholder to sell their share back to the landlord (or a nominee that is also an RP) at market value when they wish to sell. In certain cases, a local authority can seek a waiver of these conditions from Homes England where the supply of shared ownership homes is no longer constrained. Notwithstanding guidance suggesting one of the above clauses is mandatory for every shared ownership lease in a DPA, our understanding is that the applicable regulations do not impose this where the site has not received grant. For more detail, see: Practice Note: Entitlements under shared ownership leases Housing (Shared Ownership Leases)...

Section 55 of the Town and Country Planning Act 1990 (TCPA 1990) Section 55 sets out what amounts to “development” for which planning permission is needed under TCPA 1990, s 57. Development comprises: carrying out building, engineering, mining or other operations in, on, over or under land; or making any material change in the use of any buildings or other land There is no statutory definition of “material change of use”, though its principles derive from case law—see Practice Note: Material change of use. Under s 55(3)(a), using any building that was a single dwellinghouse as two or more separate dwellinghouses amounts to a material change of use of the building and of each part so used. This is generally taken to cover residential sub-divisions, including conversion into flats, as illustrated by Ozyurekliler v Secretary of State for Communities and Local Government. For the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), “dwellinghouse” is defined—except in...