Town and Country Planning in the UK

Product Information

Revision date: 19 03 2015 See previous version Is planning permission required to short-term let in Greater London? directions relating to buildings notified as of architectural or historic interest may not be modified; and The Royal Town Planning Institute, Royal Institute of British Architects, Royal Institution of Chartered Surveyors and Chartered Institute of Building have also raised concerns about how these changes have been implemented. In addition, they raised concerns about the “potential impact on the quality of life of future residents and local communities” of these changes. The demolition of outdoor statues, memorials and monuments may require planning permission depending on how long they have been in place and whether they are located in or outside a conservation area. Further detail is set out in the table below. Where a valid application has not been determined within the relevant statutory period (or such other period as has been agreed in writing between the local planning authority and the applicant), the applicant has a right to appeal to the Secretary of State against non-determination.

Planning permission is not required elsewhere in England to short-term let a dwelling house, so long as there is not a material change of use of the property. Where it is a change of use and planning permission has not been obtained, a local planning authority can consider whether to take enforcement action. In addition, and irrespective of its planning status, where the short-term letting is causing disruption that could be a ‘statutory nuisance’ under the Environmental Protection Act 1990, a local authority is required to take reasonably practicable steps to investigate the complaint and where it is satisfied that such a nuisance exists, it must issue an abatement notice against “the person responsible”. A change of use of land or buildings requires planning permission if it constitutes a material change of use. There is no statutory definition of ‘material change of use’; however, it is linked to the significance of a change and the resulting impact on the use of land and buildings. Whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case.If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application. The erection of polytunnels to support sustainable food delivery is becoming a more important part of the approach to farming. Whether they are ‘development’ will depend on the individual circumstances such as the extent, size, scale, permanence, movability and the degree of attachment to the land of the polytunnels. Paragraphs 48-50 of the National Planning Policy Framework explain how weight may be given to policies in emerging plans, and the limited circumstances in which it may be justified to refuse an application on the basis that it is premature. Permitted development rights can be removed by the local planning authority, either by means of a condition on a planning permission, or by means of an article 4 direction. The restrictions imposed will vary on a case by case basis and the specific wording of such conditions or directions.

Revision date: 06 03 2014 Does an article 4 direction have to be submitted to the Secretary of State? If the local planning authority considers that the condition has not yet been complied with, they will explain to the applicant what remains to be done and issue confirmation of compliance when satisfied, unless enforcement action or a retrospective planning application would be more appropriate. If a local planning authority makes an article 4 direction, it can be liable to pay compensation to those whose permitted development rights have been withdrawn, but only if it then subsequently: applications for planning permission, including technical details consent and ‘retrospective applications’ where development has already taken place 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. These include, but are not limited to the following:Revision date: 06 03 2014 Do permitted development rights for change of use also allow for physical development?