The common question we get asked all the time here at Studio Charrette is, ‘Does my proposal even need planning permission?’ The common mistake people make is that they don’t speak to a professional expert themselves before deciding whether it does or does not. If you book in a planning appraisal with us by emailing [email protected] and providing us with your project details, we can decide the most suitable and appropriate type of application to submit for you. Note that many common projects can indeed be undertaken with permitted development rights. Please see the General Permitted Development Order (GPDO) for more information. Did you know that Studio Charrette now submits applications across the UK on behalf of clients every day?
Is it development or not?
- building operations (e.g. structural alterations, construction, rebuilding, and most demolition);
- material changes of use of land and buildings;
- subdivision of a building (including any part of it) used as a dwellinghouse for use as two or more separate dwellinghouses
These all require planning permission and do constitute development. The categories of work that do not amount to ‘development’ are set out in Section 55 (2) of the Town and Country Planning Act 1990. As a general rule, this also applies to flats as well as houses. These include, but are not limited to, the following:
- interior alterations (except mezzanine floors, which increase the floor space of retail premises by more than 200 square metres)
- building operations which do not materially affect the external appearance of a building. The term ‘materially affect’ has no statutory definition but is linked to the significance of the change which is made to a building’s external appearance
- a change in the primary use of land or buildings, where the before and after use falls within the same use class. For example, changing from a post office to a hairdresser, as these both fall under use class E
- the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse
- the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used
These are not development and do not normally require planning or legislation to allow them to go ahead. We still recommend booking in a consultation with us here at Studio Charrette to ensure what you are proposing is within the tolerances of permitted development. It is important to get it right first time before commencing any work to avoid any unnecessary and stressful enforcement action. Whilst not a legal requirement, we always recommend that if you believe something is permitted development, it may well be worthwhile talking to us to discuss the submission of a Lawful Development Certificate.
So what do I apply for and how?
At Studio Charrette, we will help guide you through the complex planning process. If the work planned is development and therefore requires planning permission, this can be obtained in a few ways, including submitting a planning application to the planning department of the local authority (LPA) or by means of the general permitted development order, or GPDO for short, if you consider the work is lawful and does not require planning permission. Remember to book a consultation with us first to determine the full facts for your project.
The GPDO and an application for lawful development are your planning permission! You just need to meet the criteria laid down in it. This was last fully revised in 2015, but there have been a few amendments since then annually and the latest in 2020. It is important not to rely solely upon the 2015 version, as there have been several changes. Email us at [email protected], and we will guide you through the relevant sections of the GPDO and discuss your application for a Lawful Development Certificate.
