Navigating the world of property development can feel like a complex maze. Understanding the rules and regulations is crucial whether you’re a homeowner dreaming of an extension or a developer planning a large-scale project. Two key concepts you’ll encounter are planning permission and permitted development. While both relate to what you can build or alter on your land, they operate very differently.

What is Planning Permission?

Planning permission is the process of seeking approval from your local planning authority (usually the local council) before carrying out certain types of development. This ensures that new developments align with the local development plan and national policies, promoting sustainable and well-considered growth.

Key Aspects of Planning Permission

• Adherence to the Development Plan: Applications for planning permission must align with the development plan, which includes local plans and neighbourhood plans. These plans outline the vision for the area, including land use, housing, and environmental protection.
• Material Considerations: While the development plan is a primary factor, local planning authorities also consider other “material considerations” when making decisions. These can include national planning policies, environmental impact, design, and the impact on neighbouring properties.
• Sustainability: Planning permission decisions should align with the principles of sustainable development, balancing economic, social, and environmental factors.
• Section 106 Agreements: These are legal agreements between developers and local authorities. They are used to mitigate the impact of a development, often requiring developers to contribute to local infrastructure or provide affordable housing.
• Environmental Impact Assessment (EIA): For certain projects that could have significant environmental effects, an Environmental Impact Assessment (EIA) is required. This involves a detailed study of the potential impacts and how they can be mitigated.
• Consultation: After a local planning authority receives a valid planning application, there will be a period of publicity and consultation where views on the proposed development can be expressed.

What is Permitted Development?

Permitted development rights are a set of national exemptions that allow homeowners and businesses to carry out specific types of development without needing to apply for planning permission. In fact these exemptions, which are set out in legislation, The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) grant planning permission so long as you comply with the conditions set out in them.  These rights are designed to streamline the process for minor works that are unlikely to have a significant impact on the surrounding area.

Key Aspects of Permitted Development

• No Application Required: The most significant advantage of permitted development is that it removes the need for a formal planning application (in most case), saving time and money.
• Limitations and Conditions: Permitted development rights are not a blanket free pass. Each class of permitted development comes with specific limitations and conditions regarding size, height, design, and location. It’s crucial to ensure your project complies with all these requirements.
• Types of Development: Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 sets out the permitted development rules concerning what enlargements, improvements, alterations and other additions a householder may make to their house and the area around it without the need for an application for planning permission.
• Curtilage: Part 1 specifically deals with development within the curtilage of a house. Curtilage is land which forms part and parcel with the house but I’ll be creating a separate post about Curtilage as its a whole other debate all of its own.
• Loss of Rights: A local planning authority can remove permitted development rights in specific areas by issuing an Article 4 Direction. This usually happens in areas of special architectural or environmental significance, requiring a planning application for developments that would normally be permitted.
• Planning Conditions: If the property has already been developed it could be that the Council has decided it wants control of any further development.  In such cases a condition will have been imposed on the earlier planning permission dictating whether all or some of the Rights have been removed.  
• Lawful Development Certificate: If you’re unsure whether your project qualifies as permitted development, you can apply for a Lawful Development Certificate from the local planning authority. This provides legal confirmation that your project is lawful and doesn’t require planning permission.

Key Differences Summarised

Here’s a table summarising the core differences between planning permission and permitted development:

Biodiversity Net Gain and Planning

It’s worth noting that recent legislation has introduced biodiversity net gain (BNG) requirements into the planning system. In England, developments are now often required to deliver at least a 10% increase in biodiversity value compared to the pre-development state. This can be achieved through on-site enhancements, off-site gains, or the purchase of biodiversity credits.

The implications of BNG for planning permission and permitted development are:

• Planning Applications: For developments requiring planning permission, applicants need to provide information on pre-development biodiversity value and how the 10% net gain will be achieved.
• Exemptions: Some developments are exempt from BNG requirements, such as certain self-build projects or developments meeting a “de minimis” threshold.
• Biodiversity Gain Plan: A Biodiversity Gain Plan must be submitted and approved by the planning authority to discharge the biodiversity gain condition prior to the commencement of development.

When to Seek Professional Advice

Navigating planning regulations can be tricky, and it’s always best to seek professional advice if you’re unsure. Consider getting in touch in the following situations:

• Your project is complex or involves significant alterations to your property.
• You’re building in a designated area, such as a conservation area or Area of Outstanding Natural Beauty.
• You’re unsure whether your project meets the permitted development requirements.
• Your project has the potential to impact neighbouring properties or the environment.

Conclusion

Understanding the difference between planning permission and permitted development is essential for any property owner or developer. While permitted development offers a streamlined route for minor works, it’s crucial to be aware of the limitations and conditions. For more significant projects, planning permission ensures that developments align with local plans and promote sustainable growth. By understanding these concepts and seeking professional advice when needed, you can navigate the planning system with confidence and bring your property development dreams to life.