In England and Wales, if you want to undertake building work or change the use of a building or land you will generally need to obtain planning permission to do this lawfully. However, there are exceptions which we will come on to.
The primary legislation that governs planning in England and Wales is the Town and Country Planning Act 1990. This legislation requires that any works or changes of use of buildings or land which meets the definition of development will require planning permission. It goes on to define ‘development’ as follows:
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
Because this definition is so comprehensive the law includes exceptions that will not be classed as development and for this reason not require planning permission. As such certain works and changes of use will not be classed as development, this includes:
- Works for the maintenance, improvement, or other alteration of any building that affect only the interior of the building or do not materially affect the external appearance of the building.
- Operations on buildings or land used for the purposes of a highway by a local highway authority for the maintenance or improvement of the road.
- Operations by local authorities or statutory undertakers for the purpose of inspecting, repairing, or renewing sewers, mains, pipes, cables, or other apparatus.
- The use of land for the purposes of agriculture or forestry, and the use of any building occupied together with land so used for such purposes.
- The use of any building or other land within the same “use class” as specified in development orders.
- The use of any building or other land for any purpose within the same class (or in some cases, certain changes between classes).
If you are looking to undertake works or a change of use that requires a planning application we can provide advice on and assist with submission.
In our next blog we will discuss and explain how a planning application is determined.