Development Control in The United Kingdom - Scope of Development Control

Scope of Development Control

The UK is distinguished from most countries in that the lawful occupier of any land or buildings will not only have title to their land (a freehold, leasehold, or licence from the actual land owner), but also requires planning title for any buildings on the land, or uses to which the land and buildings are put. Planning title (usually referred to as "planning permission") was granted for all pre-existing buildings and uses in 1948. Since that date planning permission has been required for all new development. A grant of planning permission relates to the land or building(s) concerned. With a few rare exceptions it is not specific to the person, organisation or firm who obtained the permission.

"Development" in UK planning law is defined as the carrying out of any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. Certain types of development are specifically excluded from the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by legislation as "permitted development" (PD). These are in effect granted an automatic planning permission by law, rather than requiring any specific application for planning permission. Although still defined as "development" these works avoid any need to engage with the planning system and can be undertaken by land owners as a right.

Uses of land and buildings are classified into "use classes" and any change from one use class to another use class is automatically a "material change of use" amounting to development. Some small scale changes between use classes are nevertheless "permitted development" and hence do not require planning permission. Certain types of use or activity do not fall into a specific use class and are termed "sui generis". Any change of use of "sui generis" land requires planning permission. In practice most uses are a composite of several uses so that, say, a factory might well have an ancillary office and perhaps storage uses, all within the same premises. In such a case however the primary use would be that of a factory (use class B1 or B2).

There is a separate system of control over alterations to buildings which are listed as being of architectural or historic interest ("listed buildings"). Alterations to such a building that affect its character or appearance require "listed building consent" (and may also require planning permission if the scope of the proposed alterations or development is above that classified as permitted development). The owner of a listed building can also be compelled to keep it in a good state of repair to safeguard its architectural or historic significance.

Trees and woodland which are of particular importance to local amenity or ecology may be made the subject of a tree preservation order (TPO). Unless those trees are dead, dying or dangerous, then consent is required for their removal, and generally a replacement tree may well be required.

If development is carried out without planning permission then the LPA may take "enforcement action" to have the building removed, the land reinstated, or at least undertake the minimum measures required to prevent any harm arising. (Generally, a retrospective application for planning permission would be invited first, and action taken if planning permission is then refused.) Almost all planning permissions are granted conditionally and enforcement action can also be taken to secure compliance with the conditions imposed. Unauthorised development can be the subject of a "stop notice" if there is an urgent need to prevent further harm.