FAQs

INTERACTIONS WITH PLANNING DEPARTMENTS

Summary:

  • Permitted Development: Automatic permission for certain building work.
    • such as small extensions & loft conversions
  • Prior Approval Application: A check by the council for some Permitted Development projects.
    • Additional permitted development step for some projects like converting an agricultural building into a house under Class Q
  • Certificate of Lawful Development: Optional proof that your project is legal.
    • A formal document from the council confirming that the work you want to do (or have already done) is legal and doesn’t need planning permission.
  • Land & Building Usage Categories: The defined Usage Classes of Land & Buildings
    • This is defined in The Town & Country Planning Order – however a useful summary can be found at the Planning Portal – [LINK]

PERMITTED DEVELOPMENT

What is permitted development [PD] ?

Permitted development [PD] in UK planning refers to certain types of building work and changes to land or buildings that can be carried out without the need to apply for planning permission from the local planning authority. These rights are granted under the Town and Country Planning (General Permitted Development) (England) Order 2015, commonly known as the GPDO.


As a domestic client / home owner, how can I assess my entitlement to [PD]

There are many online useful resources, we find the planning portal to be the most comprehensive – [LINK]


Permitted Development Post 2019

The UK government has made several changes to permitted development rights to make it easier for homeowners and developers to carry out certain types of building work without needing full planning permission. The Latest Rules for Common Projects can be checked at the Planning Portal – (see next section).


Common Domestic Projects – Permitted Development Rights, clickable links follow.

Additional Storeys/Extending Upwards

Basements

Conservatories

Electrical Vehicle Charging

Extensions

Garage Conversion

Loft Conversion

Outbuildings

Paving Over your front Garden

Porches

Roof / Roof Lights etc

Solar Panels

Swimming Pools

CONVERSIONS & CHANGE OF USE

Agricultural (Barn Conversions) to Residential

Converting agricultural buildings into residential properties in the UK involves several key stages and a defined process within the planning framework. Here’s an outline of the steps typically involved:

1. Determine Permitted Development Rights (PDR)

Agricultural buildings may qualify for Permitted Development Rights (PDR), specifically under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015. Class Q allows certain agricultural buildings to be converted to residential use without full planning permission, provided specific conditions are met, such as:

  • The building must have been in agricultural use on or before 20 March 2013.
  • It must not be located within a National Park, Area of Outstanding Natural Beauty (AONB), or other restricted areas.
  • The conversion must not result in more than 5 dwellings.

Before proceeding, verify that the building is eligible under these regulations.

2. Prior Approval Application

Even under Class Q, you must apply for Prior Approval from your local planning authority (LPA). The LPA assesses the proposal against certain criteria:

  • Transport and highways impact.
  • Noise impacts.
  • Contamination risks.
  • Flooding risks.
  • Whether the location is suitable for residential use.
  • External design and structural integrity of the building.

The LPA has 56 days to approve or refuse the application. If no decision is made in this period, approval is automatically granted.

3. Full Planning Permission (if needed)

If your building doesn’t meet Class Q criteria (e.g., if it’s too large, in a restricted area, or requires significant alterations), you will need to apply for full planning permission. In this case, the LPA considers:

  • The building’s structural integrity and whether it can be converted without major rebuilding.
  • Design and sustainability of the proposed dwelling.
  • Local development policies.

4. Structural Survey

A structural survey may be required to demonstrate that the building is sound and capable of conversion. The LPA may request this if they believe significant rebuilding is necessary, which would disqualify the project under Class Q.

5. Architectural Plans

You’ll need to work with an architect to design the conversion. The plans should adhere to both building regulations and the LPA’s design standards. This stage includes preparing floor plans, elevations, and any other relevant drawings.

6. Building Regulations Approval

Regardless of whether Class Q or full planning permission is used, the conversion must comply with building regulations. This covers aspects like:

  • Structural stability.
  • Thermal efficiency (insulation).
  • Fire safety.
  • Drainage and sanitation.
  • Electrical systems.

7. Environmental Considerations

In rural areas, the environmental impact of the conversion will be scrutinized. This may include ecology surveys to check for protected species like bats or barn owls, which could delay the project or require mitigation measures.

8. Construction Phase

Once planning permission and building regulations approval are in place, you can begin the construction. This typically involves:

  • Strengthening the structure (if needed).
  • Installing insulation and upgrading the building to meet modern energy-efficiency standards.
  • Adding windows, doors, and utilities.

9. Completion and Sign-off

Once the conversion is complete, you’ll need final sign-off from building inspectors to confirm compliance with building regulations. This is a legal requirement before the dwelling can be occupied.

Key Points to Consider:

  • Class Q limits: A maximum of 465 square meters can be converted into residential space under Class Q.
  • Designations: If the building is listed or in a conservation area, additional restrictions apply.
  • Local Plan Policies: Check if the LPA has specific policies for rural conversions.

Sources:


Commercial to Residential

Permitted development rules for converting commercial buildings to residential use fall under Class MA of the Town & Country Planning Act in the UK. These rules allow certain commercial properties (Class E, such as shops, offices, and nurseries) to be converted into residential homes (Class C3) without full planning permission, though a prior approval application is usually required. This process assesses factors like natural light, noise impact, and potential flooding. Properties in designated protected areas, such as conservation zones or listed buildings, may not qualify and may require a more thorough planning process. There are also other limits which are at the time of writing as follows.

  1. Size Limit:
    • The maximum floor space that can be converted from Class E to residential under permitted development is 1,500 square meters. If the building exceeds this size, a full planning application will be required.
  2. Time of Use:
    • The property must have been in Class E use (or its equivalent under the previous classification system) for at least two years before the application for prior approval is submitted.
    • Additionally, it must have been vacant for at least three months prior to the application.
  3. Exclusions:
    • Listed buildings, buildings within conservation areas, or sites of special scientific interest (SSSI) are excluded from this permitted development right. You would need to apply for full planning permission in these areas.
  4. Prior Approval Process:
    • Even under permitted development, a prior approval application is required, and the local authority must assess the following factors:
      • Impact on transport and highways.
      • Contamination risks.
      • Flooding risks.
      • Noise impacts from nearby commercial premises.
      • Adequate natural light in habitable rooms.
      • Impact on conservation areas (if applicable).
  5. Design and Amenity:
    • There are considerations regarding the standard of accommodation, including ensuring natural light to all habitable rooms and appropriate design standards for the new residential units.

These rules provide a streamlined process for converting commercial properties to residential use, but they still require oversight through the prior approval process to ensure the development is suitable and safe.

For more details, you can refer to the UK government’s planning portal or (

Planning Direct

)ps://www.planningdirect.co.uk/planningappeals/affordable-planning-applications/change-of-use/commercial-to-residential-change-of-use).


LISTED BUILDINGS

LISTED BUILDINGS

In all instances you will need to apply for see [LISTED BUILDING CONSENT]


CONSERVATION AREA

If your proposed project is in a conservation area you will generally need planning permission – see [CONSERVATION AREAS]

BUILDING REGULATIONS / BUILDING CONTROL

Exemptions from Building Regulations.

Exemptions from building regulations

The building regulations are made up of procedural and technical provisions. Some works are exempt from the whole of the regulations, others are only exempt from certain aspects.

Even if exempt from the regulations, work may still require planning permission. For more information please use the following [LINK]

Please Contact S J Johnson Associates for further information or ref. to FAQ’s there.

Alternatively please refer to HM Governments – Manual to The Regulations


PARTY WALL MATERS

Please refer to S J Johnson Associates – [LINK]

Contact Visiarch