What is development and permitted development?

What is development?

Development is defined as 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”, The Town and Country Planning Act 1990 Section 55 (1).

Do I need planning permission?

Many things fall within the definition of development and do not require a formal planning application submission. Current legislation referred to as the GPDO sets out the types of development that are permitted subject to certain limitations and conditions. It includes specific alterations and extensions to domestic dwellings. 

It is important to ensure development complies with any limitations or conditions. Otherwise, your development may be considered unlawful.   

Permitted development

Where permitted development rights are to be used, it is highly recommended that you seek confirmation that your development is permitted via submission of a Certificate of Lawfulness for Proposed Development. This written confirmation will be important if you ever wish to sell the property or land. 

In a growing number of cases, permitted development rights require submitting an application to the local planning authority for prior approval for approval or consideration of specific details. You should follow the relevant submission requirements in the GPDO before applying for prior approval.  

Other requirements before starting development under permitted development

To benefit from permitted development rights, including those where prior approval is required, a development must comply with the provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 and must also comply with Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017.

See making a Regulation 77 application for more information on this process.