Understanding planning permission rules is essential before starting a building project, changing the use of a property or developing land. These rules determine when planning permission is required, what types of development may be permitted without a standard application, and what restrictions can affect a proposal.
Planning rules can vary depending on the type of development, the location of the site and its planning history. Getting the planning position right before work begins can help you avoid unnecessary costs, delays and potential enforcement action.
What Are Planning Permission Rules?
Planning permission rules set out how development is controlled and assessed by the planning system.
They apply to a wide range of activities, including:
- Constructing new buildings
- Extending existing properties
- Altering buildings
- Changing the use of land or buildings
- Developing previously undeveloped land
- Creating certain temporary structures
- Carrying out some engineering operations
Not every project requires a planning application. Some development may benefit from permitted development rights, while certain works may fall outside the planning system altogether.
The important point is that the rules depend on the specific circumstances of the development.
When Is Planning Permission Required?
Planning permission is generally required when a proposal constitutes development and no existing permission or permitted development right covers it.
This can include building a new property, making significant changes to an existing building or changing the use of land or buildings.
Before beginning work, it is important to establish whether your proposal requires permission rather than assuming that the scale of the project means an application is unnecessary.
If you are unsure, Planning Build can provide planning permission advice to help you understand the planning position.
Permitted Development Rules
One of the most important areas to understand is permitted development.
Permitted development rights allow certain types of development to take place without submitting a standard planning application, provided the relevant conditions and limitations are met.
These rights can apply to certain:
- House extensions
- Alterations
- Outbuildings
- Changes of use
- Commercial development
- Agricultural development
However, permitted development rights are not an unrestricted exemption from planning control.
There may be limitations on matters such as size, height, location, use and design. Rights can also be restricted or removed in particular circumstances.
Therefore, it is important to establish whether the specific permitted development right applies to your proposal before relying on it.
Planning Permission Rules for Extensions
Extensions are a common type of development where people may be unsure about planning permission.
Some extensions can be carried out under permitted development rights if they meet the relevant requirements. Others require a planning application.
Factors that can affect the planning position include:
- The size of the extension
- Its height
- Its position on the property
- The existing building
- Previous extensions
- The location of the property
- Any restrictions affecting permitted development rights
Even if an extension appears relatively minor, it is worth checking the applicable rules before construction begins.
Rules for Changing the Use of a Property
Changing how a building or piece of land is used can also raise planning issues.
A change of use may require planning permission if it amounts to a material change of use. However, certain changes may benefit from permitted development rights, depending on the circumstances.
The potential planning impact of a change of use can include matters such as:
- Traffic and access
- Parking
- Noise
- Operating hours
- Impact on neighbouring properties
- The character of the surrounding area
For this reason, a change of use should be considered from a planning perspective before the new use begins.
Planning Permission Rules for Land Development
Developing land can involve more than simply constructing a building.
Planning control can apply to development such as:
- New buildings
- Engineering operations
- Changes in land use
- Residential development
- Commercial development
- Subdivision associated with development
If you own land and are considering development, understanding the planning position early can help you establish what may realistically be achievable.
Planning Build can provide feasibility advice and strategy to help assess development opportunities before progressing with a detailed proposal.
Rules for Temporary Structures and Development
Temporary does not automatically mean that planning permission is unnecessary.
There are specific permitted development rights covering certain temporary structures and temporary uses, but they apply only in defined circumstances.
For example, some permitted development rights allow particular temporary uses of land for limited periods. The often-mentioned 28-day period relates to specific permitted development rights and should not be treated as a universal rule for every temporary structure.
The planning position can depend on:
- The purpose of the structure
- How the land is being used
- How long it will remain
- Its location
- The relevant permitted development right
- Any conditions or restrictions that apply
If you are considering a temporary structure, it is worth obtaining planning advice before installation.
Planning Rules in Protected or Sensitive Locations
The location of a property or site can affect which planning rules apply.
Additional restrictions or considerations may apply in areas such as:
- Conservation areas
- Green Belt
- National Parks
- Areas of Outstanding Natural Beauty
- Heritage locations
- Sites containing listed buildings
Permitted development rights can also be restricted in certain locations.
A proposal that might be permitted on one property may therefore require planning permission on another because of differences in location or designation.
Other consents may also be required. For example, works affecting a listed building may require listed building consent.
Planning Conditions
Planning permission may be granted subject to conditions.
Conditions can control aspects of how an approved development is carried out or used. Some may need to be addressed before development begins, while others can apply during or after construction.
Receiving planning permission therefore does not always mean that you can immediately proceed without further requirements.
It is important to understand the conditions attached to a planning permission and whether any need to be discharged before work starts.
Planning Permission and Building Regulations Are Different
Planning permission and building regulations are separate requirements.
Planning permission is concerned primarily with whether a proposed development is acceptable in planning terms, including its use, design, location and impact on the surrounding area.
Building regulations deal with technical standards relating to how a building is constructed and performs.
As a result, you may need both planning permission and building regulations approval for the same project.
Conversely, not needing planning permission does not automatically mean that building regulations requirements do not apply.
What Happens If You Break Planning Rules?
If development that requires planning permission is carried out without the necessary permission, the local planning authority may take enforcement action.
This can create significant problems for property owners and developers.
Depending on the circumstances, enforcement can require unauthorised development to be altered or removed.
Trying to resolve a planning issue after construction can also be more complicated than establishing the correct planning position before work begins.
If you are unsure whether existing or proposed work complies with planning rules, getting professional advice early can help you understand your options.
How to Check the Planning Rules for Your Project
There is no single set of rules that can answer every planning question.
The relevant requirements can depend on:
- The type of development
- The location
- The existing use
- The proposed use
- The site’s planning history
- Permitted development rights
- Local planning policies
- Planning conditions
- Site-specific restrictions
For a straightforward project, you may be able to establish the planning position through your local planning authority and relevant planning guidance.
For more complex proposals, professional planning advice can provide a clearer assessment of the development and the appropriate route forward.
Get Professional Help With Planning Permission Rules
Understanding planning permission rules before starting a project can help you make better decisions about your property or land.
Whether you are planning an extension, changing the use of a building, developing land or considering a temporary structure, the correct planning route depends on the circumstances of your proposal.
Planning Build can help you assess your development, understand relevant planning requirements and determine the next steps. From early feasibility and planning strategy to application preparation and planning support, the right advice can help you approach your project with greater clarity.
If you need help understanding the planning rules that apply to your development, contact Planning Build to discuss your project.
