Permitted development

The Savills Blog

In plain English: Permitted development

Updated March 2024

By law, works that constitute ‘development’ require planning permission. Most types of development require a planning application to be submitted to the relevant local authority first who will assess and decide on the outcome of that application and, if acceptable, grant planning permission.

However, some minor (and generally low-impact) forms of development have planning permission granted to them under law and therefore do not require an application to be made to the local authority.

Such ‘permitted development’ is separated into many ‘Parts’ covering a large number of topics ranging from dwellinghouses (for example, small residential extensions) and changes of use (for example, going from a house in multiple occupation to a dwellinghouse) to mining and minerals exploration. Within the ‘Parts’ are various sub-categories, known as ‘Classes’. 

Permitted development rights are often subject to conditions, restrictions and limitations and, in a few instances, a prior approval process which does require an application to be submitted to the local authority.

In some more sensitive areas permitted development rights can be more restricted including in Conservation Areas, National Parks, Areas of Outstanding Natural Beauty and World Heritage Sites. Local authorities can also impose local restrictions on permitted development rights, known as Article 4 Directions, which means there is a need to apply for planning permission for the specified works. Permitted development rights can also be removed by conditions attached to an earlier grant of planning permission.

While there is no requirement to inform the local authority development is being undertaken via permitted development rights (with a few important exceptions, including prior approval), there is the option to submit an application for a Certificate of Lawful Development to get written confirmation the proposed works do meet all the criteria set out and therefore benefit from permitted development and do not need an application for planning permission.

It is important to note that permitted development rights are updated periodically and there are variations between England, Wales and Scotland.

 

Further information

Read more: In plain English: Prior approval

Contact Savills Planning

 

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