Planning permission – an overview

The planning system is essential for the sustainable development of the UK’s buildings and infrastructure.

If you are intending to create a new building or development, or significantly change the structure or use of an existing building, you will probably need planning permission. This requires you to apply to the relevant local planning authority, who will decide whether your project is allowed to take place.

This guide outlines when planning permission is required, how to apply for planning permission and how to appeal if you are refused permission.

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Planning permission and permitted development

You will usually need planning permission to:

• build most new buildings
• make major alterations to existing buildings
• make significant changes to the use of a building or piece of land

However, it is possible to build some new premises, or extend or alter some existing buildings, without planning permission. These are known as ‘permitted development rights’ (PDRs) and only apply where the effects of these developments on neighbours or the environment is likely to be minimal.

If you are unsure whether you need planning permission for your project, you can get an informal opinion from your local planning authority (LPA). However, you should be aware that some LPAs may charge for pre-application advice.

Download guidance on PDRs [opens in a new window].

Restrictions on PDRs

In some areas, PDRs are more restricted. ‘Designated areas’ which have special protection include:

• World Heritage Sites
• conservation areas
• national parks
• areas of outstanding natural beauty
• the Norfolk or Suffolk broads

If your property is listed, listed building consent may be required alongside planning permission.

You should seek advice from your LPA if you are unsure whether a development would be permitted. You should always check that a proposed development is lawful and does not require specific planning permission.

Withdrawn PDRs

Your LPA may have withdrawn some PDRs or removed those rights on the original planning permission for the site. If they have done this, you will have to submit a planning application for work which normally would not need one. You can check with your LPA if you are unsure whether PDRs have been withdrawn.

Find contact details for your LPA on the Planning Portal website- Opens in a new window.

Lawful Development Certificates (LDCs)

If you want to be certain that your proposal does not require planning permission – or that the use of a building is acceptable for planning purposes – you can apply for an LDC.

You do not have to apply for an LDC but you may need one to confirm that a certain use, operation or activity is legal under planning control.

You can apply for an LDC on the Planning Portal website (registration required)- Opens in a new window.

You can also find information on LDCs on the Communities and Local Government website- Opens in a new window.

If you don’t agree with your LPA’s decision, you can appeal through the Planning Inspectorate. See the page in this guide on when you can make a planning appeal.

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Planning permission for common business projects

You don’t necessarily need planning permission to work from home, unless your business will change the character of the building. However, working from home may involve changes to your insurance, mortgage, and health and safety considerations. See our guide on how to use your home as a workplace.

If you want to convert the space above business premises into a single residential flat, you should check whether this change of use requires planning permission. Find out about permitted changes of use for business premises on the Planning Portal website- Opens in a new window.

You can carry out some extensions or alterations to an industrial building or warehouse without planning permission – subject to limits and conditions – under permitted development rules. You can also erect a new building without needing planning permission as long as it meets defined limits for:

• building height
• building floorspace
• distance of completed development to property boundary, or ‘curtilage’
• parking availability

You are strongly advised to check the conditions and limits set out on the Planning Portal website. Read about planning permission for warehouses and industrial buildings on the Planning Portal website- Opens in a new window.

You will need planning permission for certain types of signs and advertisements. Other types are not controlled by planning regulations, or are allowed without an application under the deemed consent planning rules. Download the planning regulations guidance for outdoor advertisements [opens in a new window].

Some changes to shop and office premises do not need planning permission, as they are classed as permitted development under the planning system. Under these permitted development rules, you can extend, alter and erect new shops and offices provided certain limits and conditions are met. Read about planning permission for shops and offices on the Planning Portal website- Opens in a new window.

Special permitted development rules apply to works involving new or replacement hard surfaces. These must not exceed an absolute limit of 50 square metres. If there is a risk of groundwater contamination, new hard surfaces must not be porous. Where there is no such risk, the surface must either be porous or provision should be made for surface water run-off.

Download permitted development guidance [opens in a new window].

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Planning permission for demolition and change of use

Plans to demolish a house or an outbuilding do not usually need planning permission. However, local planning authorities (LPAs) may issue an ‘Article 4 direction’ which limits what can be demolished. This is usually done to preserve the character of an area.

Even if you demolish a building after fire or storm damage, you may still have to apply for planning permission if you plan to replace it with a new building.

LPAs may review any plans to demolish residential property. Such reviews take into account how the works will be carried out, and how the site will be restored afterwards.

Before you begin any demolition works, you must make a ‘prior approval application’ to the LPA. This allows the planning authority to make a formal decision whether they want to review your plans.

You will need special consent from your LPA – but not usually planning permission – to demolish buildings in a designated conservation area. You could face legal action if you carry out demolition work without permission.

Find out about planning rules for demolition work on the Planning Portal website- Opens in a new window.

Changes of building use

Business premises are affected by the use class system, which determines what type of activities can be carried out in a building. There are five main use classes:

• A – retail, financial and professional services
• B – business, offices, general industrial
• C – hotels, residential institutions and dwelling houses
• D – non-residential institutions, eg health clinics, entertainment and sporting venues
• ‘sui generis’ – buildings not falling into any of the above categories, eg nightclubs

In many cases involving similar types of use, you do not need planning permission to change the use of a building or land. For example, you could change a shop with storage space above it to a shop with a single flat above. However, this is guidance only and it is recommended that you always check with your LPA whether planning permission will be required.

Find out about changing use classes for business premises on the Planning Portal website- Opens in a new window.

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Planning permission for specific areas of business

Some industries have specific planning priorities, for example:

• nationally significant infrastructure projects (NSIPs) and associated developments
• telecommunications applications
• renewable energy
• mineral workings
• sports halls
• tourism
• farming

NSIPs relate to large-scale facilities supporting the economy and public services, eg roads, water and waste infrastructures and power stations.

Developers must undergo a pre-application consultation process involving consultation with communities and local authorities. Download pre-application consultation process guidance [opens in a new window].

The planning system for NSIPs includes a multiple application process. This allows developers to apply for planning permission for associated developments, such as link roads, as part of their main application. Download information on associated development for NSIPs [opens in a new window].

Telecommunications developments can involve:

• radio masts and towers
• antennas
• radio equipment housing
• public call boxes
• cabinets
• poles
• overhead wires
• satellite dishes

Planning guidance for renewable energy schemes is designed to encourage a diverse range of projects. LPAs co-ordinate planning decisions. They can prepare supplementary guidance and decide on applications for small and medium-sized schemes of up to 50 megawatts.

Mineral planning authorities are responsible for planning control over mining development, while county councils are responsible for mining developments in their area.

There are a number of minerals policy statements (MPSs) which can help you include relevant material in your planning application. You can find minerals planning guidance and information on MPSs on the Communities and Local Government website- Opens in a new window.

Find information on marine minerals obligations on the Communities and Local Government website- Opens in a new window.

The Department for Communities and Local Government and Sport England have published joint guidance on making planning applications for sports facilities, including floodlighting, clubhouses, fencing and playing surfaces. Find out about planning applications for sports facilities on the Sport England website- Opens in a new window.

There are some key planning issues that may arise when tourism developments are considered. Download tourism planning guidance [opens in a new window].

There are specific issues to consider when planning developments on farms. See our guide on planning land use.

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How to make a planning application

You should consider meeting with a planning officer for an informal discussion before you submit an application as it can help:

• verify the list of local requirements each local planning authority (LPA) requires
• reduce the likelihood of submitting an invalid application
• you understand how planning policies and other requirements affect your proposals

You will need to contact your LPA to arrange any meeting with a planning officer. You should check with your LPA to see if they charge for this service. Find contact details for your LPA on the Planning Portal website- Opens in a new window.

Who can make your planning application

You can appoint an agent – your architect, solicitor or builder – to apply for planning permission on your behalf.

You can apply for planning permission on a plot of land or a building you do not own. This can help you to decide whether or not to buy a piece of land. But when making such an application you should inform certain people, eg:

• the owner or part owner(s) of the land or building – if you are not the full owner
• any leaseholders – with at least seven years remaining on their lease
• any agricultural tenants

Making your planning application

The easiest way to make a planning application is likely to be online using the Planning Portal website. However, you can also make applications in paper format and send them in the post. Read about making a planning application on the Planning Portal website- Opens in a new window.

Environmental Impact Assessments (EIAs)

Some forms of development require an EIA. This is intended to highlight any significant environmental effects that may affect your project. In addition, an EIA must be carried out for certain types of project before they can be given ‘development consent’. See our guide on planning and Environmental Impact Assessments.

Other permissions you may require

You should check with your LPA about local constraints in the proposed work area – even if your work is granted planning permission or is covered by permitted development rights. Other permissions may also be required that cover, for example:

• covenants and private rights
• listed buildings
• conservation areas
• rights of way
• ancient monuments
• licensed sites
• protected species
• The Party Wall, etc Act 1996

You must also seek building regulations approval separately from obtaining planning permission. See our guide on building regulations – an overview.

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Planning applications: the decision-making process

Your planning application will be decided in line with your local planning authority’s (LPA’s) Development Plan, unless there is a very good reason not to do so. The Development Plan incorporates the Local Development Framework which outlines how planning will be managed in your area.

To decide whether a planning application is in line with its Development Plan, an LPA will consider the following:

• the number, size, layout, siting and external appearance of buildings
• the infrastructure available – eg roads and water supply – and proposed means of access
• any landscaping requirements
• the proposed use of the development
• the likely impact on the surrounding area

Who makes a planning decision?

If you submit a minor planning application it will usually be decided solely by a senior planning officer at the LPA after taking into account any comments received.

Otherwise, a planning officer will present a recommended decision to a planning committee made up of elected councillors. You may be allowed to attend these meetings and usually have a brief opportunity to make your views known.

Only the councillors vote on the planning application itself – they do not have to follow the planning officer’s advice.

Decision time frame for planning applications

In most cases, planning applications are decided within eight weeks. For unusually large or complex applications the time limit is extended to 13 weeks.

Your LPA should be able to give you an idea of the likely timetable for a decision. When an LPA cannot decide your application within the specified time, it should obtain your written consent to extend the period. If the LPA fails to do this, you can appeal to the Secretary of State for Communities and Local Government but appeals can take several months to decide and it may be quicker to reach agreement with the LPA.

Planning application refusal

An application can only be refused – or granted subject to conditions – based on the approved plans and policies of the LPA’s Development Plan. Councillors or planning officers cannot refuse a planning proposal simply because many people oppose it.

When an application is considered, the key considerations will be:

• whether the proposal would unacceptably affect amenities
• the existing use of land and buildings which ought to be protected in the public interest

Once a decision has been reached, the LPA should give either a summary of its reasons for granting permission or detailed reasons for a refusal.

If your application is refused – or granted subject to conditions – you will be told in writing. You then have the right to appeal to have the matter resolved by a planning inspector. An appeal is, however, a last resort. You can often discuss the reasons for refusal with the LPA and adjust the proposal to reach an agreement.

For more information on appeals, see the page in this guide on when you can make a planning appeal.

Large proposals and nationally significant applications

At present the Infrastructure Planning Commission is responsible for deciding nationally significant infrastructure projects. The government is making a number of changes to the large-scale projects planning system, which will be in place by 2012.

Some large proposals or applications of national significance will be decided by the Secretary of State for Communities and Local Government.

Some national organisations with special expertise, such as the Environment Agency and English Heritage, have the right to be consulted about planning applications in certain circumstances.

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When you can make a planning appeal

If your local planning authority (LPA) turns down your application, check why it was refused. Speak to the LPA and see if you can fix the problem by changing your proposal.

Right of appeal

You can appeal to the Planning Inspectorate only if you made the original application or if you have been served with an enforcement notice. You can appoint someone else to act for you as your agent, eg an architect.

Appeals may take several months to decide, so it is worth trying to sort out the matter with your LPA first. Making an appeal should be a last resort. Generally, only one in three appeals is successful.

If you do decide to appeal, you must do so within a time limit – this depends on the type of appeal. Find information on appeal time limits on the Planning Portal website- Opens in a new window.

What you can appeal against

The majority of appeals made by businesses relate to applications for planning permission or advertisement consent. You may also appeal against an enforcement notice or advertisement discontinuance notice. The LPA may send you a notice if you carry out building works, change the use of buildings or land, or display an advertisement, without permission from them.

You can appeal against a planning permission decision if the LPA:

• does not make a decision on the application within the appropriate deadline (known as non-determination or failure to decide), and fails to agree an extension to the deadline in writing
• refuses your application
• grants permission but with conditions you object to
• refuses to vary or remove a condition in a previous grant of planning permission
• refuses to approve matters reserved under an outline permission
• refuses to approve any matter required by a condition on a previous planning permission

You can find planning appeal guidance on the Planning Portal website- Opens in a new window.

If you have applied to display an outdoor advertisement, you can appeal against the LPA’s refusal, non-determination or approval with conditions. You can also appeal if you have received a discontinuance notice ordering you to remove an advertisement display. Find advertisement appeals guidance on the Planning Portal website- Opens in a new window.

An LPA serves an enforcement notice if they think someone has broken planning rules and is damaging the neighbourhood. The notice will set out what you need to do to put the matter right and how long you have to do so. Find enforcement notice appeal guidance on the Planning Portal website- Opens in a new window.

Other types of appeal include:

• Lawful Development Certificate (LDC) – find LDC guidance on the Planning Portal website- Opens in a new window 
• listed building or conservation area consent and enforcement – find listed building and conservation area appeal guidance on the Planning Portal website- Opens in a new window 

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The planning appeal process

There are three procedures for deciding most planning appeals – written representations, hearings and inquiries. You can select your preference on the appeal form and the Planning Inspectorate will take this into account when deciding which procedure is most suitable for the appeal.

Written representations are normally the simplest, quickest and most straightforward way of making an appeal. The majority of planning appeals proceed in this way, as it is particularly suited to small-scale developments – eg minor works and alterations, individual buildings, small groups of houses, appeals against conditions and changes of use.

Hearings are likely to be suited to more complicated cases which require detailed discussion about the merits of a proposal or where questions need to be asked to establish the facts. You may indicate a preference for a hearing but, before deciding, the Planning Inspectorate must be satisfied that your appeal is suitable for this procedure. A hearing usually only takes a day or less, and does not involve formal cross-examination of witnesses or legal submissions.

Full inquiries are the most formal of the procedures. The parties to the appeal will usually be legally represented and expert witnesses may be called to give evidence. An inquiry is likely to last longer than a hearing and may involve formal cross-examinations, lawyers, professional experts and legal submissions.

What happens during your appeal?

Once the Planning Inspectorate has received your appeal form and supporting documents, and the appeal procedure has been decided, they will set a start date for the appeal and write to you to set out the timetable.

You will usually receive the local planning authority’s (LPA’s) completed questionnaire and supporting documents within two weeks of the start date. Once you have received these, your deadlines will depend on the type of procedure that has been decided upon for your appeal.

Advertisement appeals have significantly different timetables to other appeals. For example, there is no LPA questionnaire stage.

Withdrawing an appeal

You can withdraw your appeal any time before the appeal decision has been made. You may want to do this if you and the LPA come to an agreement. Withdrawal must be in writing.

Complaints and challenging an inspector’s decision

Appeals (and claims for costs) are normally decided by a planning inspector. In a few large cases, the inspector will write a report and the Secretary of State will make the decision. The decision will be sent to you or your agent and to the LPA.

If you disagree with the decision, you can only challenge it through the High Court. You would have to show that the law wasn’t followed. If your challenge is accepted, the appeal will be looked at again by the Planning Inspectorate.

You can find advice on making a complaint and giving feedback about the Planning Inspectorate on the Planning Portal website- Opens in a new window.

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Enforcement and planning breaches

If you fail to obtain planning permission and do the work anyway this is commonly known as a ‘planning breach’. A planning breach usually occurs when a development:

• that requires planning permission is undertaken without permission being granted – either because the planning application was refused or was never applied for
• that has been given permission subject to conditions breaks one or more of those conditions

A planning breach in itself is not illegal. Councils will often permit a retrospective application where planning permission has not been sought. However, if a planning breach involves a previously rejected development – or a retrospective application fails – the council can issue an enforcement notice requiring you to put things back as they were.

If you break planning control rules, your local planning authority (LPA) can serve an enforcement notice. Usually, this notice will be served because the LPA considers that what you are doing, or have done, is harmful to the neighbourhood.

It is illegal to disobey an enforcement notice unless you successfully appeal against it. You can appeal against both refusals of permission and enforcement notices. If your appeal is unsuccessful and you still refuse to comply, you may be prosecuted.

Download guidance on planning control enforcement [opens in a new window].

Different rules apply to listed buildings. Download best practice guidance on listed building prosecutions [opens in a new window].

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Sources of help on planning applications

You can get help from a variety of sources when making a planning application.

The Planning Portal enables you to make online planning applications. You can watch video guidance on the online application process on the Planning Portal website- Opens in a new window. Alternatively, you can contact the Planning Portal directly – find contact details for the Planning Portal on the Planning Portal website- Opens in a new window.

You can meet with a planning officer to get informal advice. Find contact details for your local planning authority (LPA) on the Planning Portal website- Opens in a new window.

You can get help from professional planners through the register of planning consultants produced by the Royal Town Planning Institute (RTPI). You will normally have to pay a fee for this service. Find registered planning consultants on the RTPI website- Opens in a new window.

You can also get low-cost or free assistance through the Planning Aid network run by the RTPI. The network is a large group of professional planners who offer voluntary assistance to people and groups who cannot afford consultancy fees. You can find the Planning Aid network on the RTPI website- Opens in a new window.

Planning Policy Statements

When planning a new development, you may find it useful to consider a number of Planning Policy Statements (PPSs), which LPAs use when deciding individual planning applications. These set out government policy on planning and are used by all LPAs within the planning system to ensure that a project meets certain criteria. They cover areas such as:

• sustainable development – eg reducing energy use, promoting water efficiency and reducing emissions
• renewable energy – ie increasing its development
• flooding – planning policies should reflect the increased climate change risk of coastal and river flooding
• planning and pollution control – eg reducing greenhouse gas emissions and taking account of potential effects of climate change

The LPA will consider PPSs when a proposal is submitted.

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