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Permitted Development Rights


Information on Permitted Development rights

You can do certain types of development without applying for Planning Permission. This is called "permitted development".  It is set out in the Town and Country Planning (General Permitted Development)(England) Order 2015.

You can find information on:

  • whether development you wish to carry out is permitted development, or
  • whether you need to submit a planning application

on our Do I need planning permission or building control webpage, or visit the Planning Portal's Interactive House

You can also find more information on Permitted Development Rights using these links:

Planning and Ecology

Legal protections for wildlife still apply if your development benefits from permitted development rights.  You may need:

  • an ecological survey and/or
  • a licence.

The Wildlife Assessment Check is a free online tool.  It shows if there are any protected wildlife species in the location of your proposal.  You can access it using this link: Wildlife Assessment Check - Planning Portal

You can find more information from Natural England.

Changes to Permitted Development Rights 2020 onwards

The government introduced changes to the planning system in 2020. These included changes to Permitted Development Rights. This page sets out the changes since June 2020 that are still current or ongoing.

Class BB - Moveable structures of specified uses

Class BB relates to moveable structures for a specified use.  It follows Class BA (additional temporary use of land during the relevant period).

It enables the provision of moveable structures within the curtilage, and for the purposes of a:

  • building used as a drinking establishment
  • building used for the sale of food and drink
  • Listed building operating as a historic visitor attraction.

More details available at: Class BB legislation

Flexible town centre uses

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations came into force on 1 September 2020.  These changes give greater flexibility in town centre uses.

It introduced a new use class ‘E’ (for commercial, business and service) and Classes F1 and F2 for community uses. 

Further Permitted development rights that have been made permanent concern:

  • land used for a market by a local council
  • moveable structures on land at pubs/cafes, Listed Buildings and visitor attractions.

Pavement licences allow the licence holder to place removable furniture over certain highways next to premises.  A streamlined way to get these licences is in place until 30 September 2023.  This will then become permanent in 2023. You can find guidance at:

Further changes

The Government have introduced Regulations that permit:

  • further temporary changes of use
  • demolition of vacant and redundant residential and commercial buildings if they are rebuilt as homes
  • building of new storeys on houses and flats,
  • building of new storeys on buildings to provide new self-contained homes. 

The regulations include:

They set out how the prior approval application processes will work.

Prior approval of permitted development rights to extend buildings upwards came into force on 30 December 2020. The Building Safety Programme letter contains more guidance.

New rules allowing commercial premises to be converted into home came into force on 31 March 2021.

Minimum space standards

Minimum space standards applied from 6 April 2021.  These apply to all homes delivered through Permitted Development Rights.  This means that these new homes will have to meet the Nationally Described Space Standard.  This is to ensure they provide proper living space.

Changes to use classes and permitted development rights

New legislation came into force on 21 April 2021.  A summary of the changes in the Town and Country Planning (General Permitted Development etc) (England) (Amendment) Order 2021 includes:

  • Part 3 Class MA: Commercial, business and service uses to dwellinghouses - New PD rights for change of use from class E (commercial, business and service) to Class C3 (dwellinghouses).  
  • Part 3 Class O: Amended permitted development rights for a change of use from offices to dwellinghouses (note: subject to submitting an application for prior approval on or before 31 July 2021)
  • Part 7 Class M: Amended permitted development rights for the erection, extension, or alteration of a "school, college, university, prison or hospital building"
  • Part 8 Class B: Amended permitted development rights for development by statutory undertakers (or their lessees or agents of development) in respect of "dock, pier, harbour, water transport, or canal or inland navigation undertakings"
  • Part 11 Class B: Amended permitted development rights for the "demolition of a building"

You can find more information using this link: Explanatory Memorandum

Cornwall Council produced a Chief Officer Advice Note on residential uses in Town Centres in August 2021.  You can find this guidance using this link: Planning Policy Guidance - Chief Officer Advice Notes

You can find more information on the changes to the Use Classes Order 1987 using this link: Planning Jungle: Guide to Use Classes Order 1987

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