What is planning permission and when do you need it?
From adding an extension to constructing a new home, planning permission is a key part of the UK development process for residential and commercial projects. In simple terms, planning permission is the formal approval required from a local planning authority before certain types of development can lawfully proceed.
The system is governed primarily by the Town and Country Planning Act 1990, which sets out when permission is required, how applications are made, and how decisions are reached. This blog sets out the key facts occupiers need to understand.
Why planning permission exists
Planning Law plays an important role in ensuring new or changed developments comply with all local planning policies and national guidelines and are carried out in a way that is fair, safe and appropriate for the local area.
For example, regulations exist to help protect the character and appearance of neighbourhoods, preventing developments that could negatively affect nearby homes.
By having a rigorous planning system, this allows local authorities to consider wider impacts, such as safety, pressure on local infrastructure, effects on the environment, and how a proposal may affect the surrounding community.
When planning permission is required
Planning permission is generally required for new buildings, extensions, and changes of use. This applies to both residential properties and commercial premises. Common examples include building a new house, adding a significant extension, converting a loft or garage into living space, or changing a property from residential to commercial use.
While some smaller works may fall within Permitted Development rights[LB1] , many projects still require formal approval and must follow specific legal processes. Because planning requirements can vary depending on the property, location and proposed works, it is often advisable to seek specialist legal advice at an early stage to understand how planning law may affect your plans.
When planning permission may not be needed
Property type, listed status and individual local authority policies all play a part in determining whether planning permission is needed. Depending on the scale of your ambitions, it is possible that smaller-scale works may not require a full planning application.
For residential properties, planning permission is often not needed where works fall within Permitted Development rights. Common examples include certain loft conversions, modest rear extensions, and the construction of garden outbuildings such as sheds or home offices, provided specific size and design limits are met.
However, Permitted Development rights do not apply in all circumstances, particularly to listed buildings or properties in conservation areas. In some cases, the council may have removed Permitted Development rights. This is either a blanket removal on a given area (an Article 4 Direction) or a condition may have been added to a previous consent granted that removes certain Permitted Development rights. Starting work without the correct permission can result in enforcement action, so it is always advisable to seek specialist planning advice before construction begins.
Find out today
If you’re planning a project – big or small – it is time to check whether it might need planning permission. Get advice from a solicitor early to understand the obligations with which you might need to comply.
At Attwaters, our specialist planning solicitors work closely with clients to ensure that your project meets all Planning Laws. We also have good relationships with the planning departments of Local Authorities and local property professionals and can deal with cases seeking special planning permission.
Contact Salvatore Amico today on 0203 871 0039 or email salvatore.amico@attwaters.co.uk.
[LB1]Link here to ‘Permitted Development’ blog
