Planning permission is the formal approval generally required from the local planning authority before land or buildings can be developed. In England, “development” includes most building, engineering and mining operations and material changes in the use of land or buildings. Permission may be granted through a planning application, may already exist through permitted development rights, or may not be required because the proposal does not amount to development.

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When is planning permission required?

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The starting point is that planning permission is required for the carrying out of development. In planning law, development has a particular meaning. It includes building, engineering, mining or other operations carried out on, over or under land, as well as a material change in the use of a building or land.

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This can include:

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• constructing a new building;

• extending or materially altering an existing building;

• changing land or buildings from one use to another where the change is material;

• carrying out engineering works; and

• subdividing a house into separate flats.

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Not every physical alteration or change of activity amounts to development. Some works are too minor to fall within planning control, while some changes of use are not material. Whether a change is material is a matter of fact and degree, assessed in its particular context.

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Even where a proposal is development, a separate planning application may not be needed if planning permission has already been granted nationally through permitted development rights.

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What are permitted development rights?

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Permitted development rights grant planning permission for defined categories of development without the need for a full planning application. They cover matters ranging from certain household extensions and alterations to some changes of use and infrastructure works.

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The rights are subject to detailed limitations and conditions. Some require an application for prior approval, allowing the local planning authority to consider specified matters before the development begins. Rights may also be restricted or removed, including by an Article 4 direction, a condition attached to an earlier planning permission or the particular status of the land or building.

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The existence of a permitted development right should therefore be checked against the precise proposal and site. It should not be assumed simply because similar work appears to have been carried out elsewhere.

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How is planning permission obtained?

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Where no existing permission applies, an application is normally made to the local planning authority. For most proposals, this is the district, borough, city or unitary council responsible for the area.

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An application usually includes:

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• the relevant application form and ownership certificates;

• the application fee;

• a site location plan;

• drawings showing the existing and proposed development;

• a design and access statement where required; and

• technical reports proportionate to the proposal and its likely effects.

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The authority must first determine whether the application is valid. It will then publicise and consult on the proposal as required, obtain technical advice, assess the development plan and other material considerations, and reach a decision.

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Applications may be determined by planning officers under delegated authority or by a planning committee. The decision-maker must use planning judgement and must not treat the number of objections or expressions of support as a substitute for assessing the planning merits.

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What types of planning application are available?

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A full planning application seeks approval for the detailed proposal.

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An outline planning application can establish whether the principle of certain development is acceptable before all details are fixed. Matters such as access, appearance, landscaping, layout and scale may be reserved for later approval. Outline permission is not available for every form of development and is most commonly associated with larger development proposals.

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Other routes include householder applications, applications to vary or remove planning conditions, applications for approval of reserved matters and applications for retrospective permission. The correct route depends on what is proposed and whether any earlier permission already applies.

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How is a planning application decided?

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Planning decisions in England are plan-led. An application must be determined in accordance with the development plan unless material considerations indicate otherwise.

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The development plan will normally include the adopted local plan and may also include a neighbourhood plan and strategic or spatial development plan. Material considerations can include:

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• national planning policy;

• the design, scale and appearance of the proposal;

• effects on neighbouring amenity;

• heritage, landscape and townscape impacts;

• highways, access and parking;

• flood risk, ecology and environmental effects;

• housing need and the supply of land;

• economic, social and environmental benefits; and

• whether identified harm can be addressed through conditions or planning obligations.

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Private interests such as the effect on property value, competition between businesses or the applicant’s identity are not normally planning considerations.

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The weight given to a material consideration is a matter of planning judgement, provided the decision-maker acts lawfully and has regard to relevant matters.

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What can a planning permission contain?

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Planning permission may be granted unconditionally, but most permissions are subject to conditions. Conditions can control matters such as the approved drawings, materials, landscaping, construction arrangements, hours of use and the submission of further details.

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Conditions must satisfy legal and policy tests. They should be necessary, relevant to planning and to the development, enforceable, precise and reasonable.

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A development may also be subject to a planning obligation, commonly made under section 106 of the Town and Country Planning Act 1990. Planning obligations can secure measures that cannot appropriately be dealt with by condition, such as affordable housing, financial contributions or site-specific mitigation.

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The grant of permission is therefore not always the end of the planning process. Conditions may need to be discharged, obligations completed and other approvals obtained before work starts or the development is occupied.

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How long does planning permission take?

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The statutory determination period is generally eight weeks for most applications, 13 weeks for major development and 16 weeks where an application is subject to environmental impact assessment. Different periods apply to some specialist application types.

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These periods do not guarantee a decision by that date. The applicant and authority may agree an extension of time, and complex applications often take longer where amendments, technical issues or a planning obligation need to be resolved.

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The realistic programme should allow for pre-application work, preparation and validation as well as the formal determination period. A well-prepared application can reduce avoidable delay, but it cannot remove every source of uncertainty.

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What are the possible outcomes?

 

The local planning authority may:

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• grant planning permission;

• grant permission subject to conditions; or

• refuse permission and give planning reasons.

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An applicant may usually appeal to the Secretary of State, with the appeal handled by the Planning Inspectorate, if permission is refused or conditions are disputed. An appeal may also be available if the authority does not determine the application within the relevant period and no extension has been agreed.

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Third parties do not have an equivalent right of appeal against the grant of planning permission. A legal challenge may be possible where a decision is arguably unlawful, but the court does not reconsider the planning merits as though determining the application afresh.

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How long does planning permission last?

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Planning permission will usually include a condition setting a time limit for beginning the development. For a full permission, the standard period is generally three years, although a different period may be imposed.

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Once development has lawfully begun within the required period, the permission will not normally expire merely because the remainder of the work takes longer. However, what amounts to lawful commencement can be technically important. Any conditions that must be discharged before commencement need particular attention.

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Permission usually runs with the land rather than belonging personally to the applicant, unless its terms expressly provide otherwise.

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Is planning permission the same as building regulations approval?

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No. Planning permission is concerned principally with whether development is an acceptable use of land and how it affects the surrounding area. Building regulations address matters such as structural safety, fire safety, accessibility, ventilation and energy performance.

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A project may need both approvals. It may also require listed building consent, advertisement consent, environmental permits, a party wall agreement, landlord or freeholder consent, rights over neighbouring land or compliance with restrictive covenants.

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Obtaining planning permission does not remove the need to secure these separate approvals or private rights.

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How can someone confirm that permission is not required?

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Where it is important to establish that an existing or proposed use or operation is lawful, an application can be made for a lawful development certificate.

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For proposed development, the certificate can confirm that the proposal would be lawful if carried out in accordance with the submitted details. For existing development or use, it can establish lawfulness where the relevant legal tests are met.

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A certificate is not planning permission and does not involve a judgement about whether the development is desirable. It provides formal confirmation of the planning status of the development or use.

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Can planning permission be obtained retrospectively?

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An application may be made after development has taken place without the necessary permission. The authority should assess a retrospective application on its planning merits, rather than treating the absence of prior permission as a reason for refusal in itself.

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Retrospective permission is not guaranteed. The authority may take enforcement action, and a refusal can leave the owner required to reverse or alter the development. Carrying out unauthorised works to a listed building may also constitute a criminal offence.

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Seeking advice before work begins is therefore usually safer than relying on a retrospective application.

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Key points

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• Planning permission is generally required for operational development and material changes of use.

• Some development is already permitted nationally, although limitations, conditions or prior approval requirements may apply.

• Applications are determined against the development plan unless material considerations indicate otherwise.

• A permission may contain conditions and may be accompanied by planning obligations.

• Planning permission is separate from building regulations approval and private land rights.

• Where the position is uncertain, a lawful development certificate can provide formal confirmation.

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When should professional advice be sought?

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Site-specific advice may be helpful where the principle of development is uncertain, the site is constrained, permitted development rights are unclear or the proposal is likely to raise significant policy or technical issues. Early advice can identify the correct consent route, the evidence needed and the main risks before design work and application costs are committed. Maddox Planning advises on planning strategy, pre-application engagement, planning applications, appeals and post-permission matters.

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Updated 27 July 2026