Matters that do not constitute “Development” (Core principles of planning law)-FS

Question 1

What types of work are not considered “development” under planning law and therefore do not require planning permission?

Answer 1

• Internal works (maintenance, improvement, or alteration) that affect only the interior of a building.
• Works that do not materially affect the external appearance of a building.
• Changes of use within the same use class under the Town and Country Planning (Use Classes) Order.

Question 2

When does a change of use require planning permission?

Answer 2

• Planning permission is required for any change of use between different use classes.
• Planning permission is not required for changes within the same use class.

Question 3

Key categories under the Town and Country Planning (Use Classes) Order:

Answer 3

• Class B: Industrial & manufacturing
• Class C: Residential dwellings
• Class E: Commercial, business, and service use (e.g., retail, offices, food & drink, financial services)
• Class F: Non-residential institutions and community use
• Sui Generis: Unique uses outside the classes (e.g., theatres, casinos, petrol stations)

Question 4

What is a listed building and what restrictions apply?

Answer 4

A listed building is one of architectural or historical significance. Consent must be obtained for:

• Total or partial demolition
• Any alteration or extension affecting its special character
• Any work potentially affecting its historical or architectural integrity

Question 5

Grades of Listing (England and Wales)?

Answer 5

• Grade I: Buildings of exceptional interest (approx. 2.5%)
  • Grade II* (Two-Star): Particularly important buildings (approx. 6%)
  • Grade II: Buildings of special interest (approx. 91.7%)

Question 6

When is listed building consent required?

Answer 6

• For demolition, extension, or alteration that affects the special character of the building.
  • Applies regardless of whether the building is public or private.
  • Must be sought in addition to planning permission if other development is involved.

Question 7

Does converting an office into a dwelling require planning permission if the works are internal only?

Answer 7

Yes, planning permission is required for a change of use, even if internal works do not require permission.

Question 8

Sui Generis Uses

Answer 8

Sui generis means “of its own kind.” These uses do not fall within any standard use class and always require planning permission. Examples include:

*	Cinemas
*	Petrol stations
*	Nightclubs
*	Large shopping centres

Question 9

Who must be consulted for works affecting listed buildings?

Answer 9

• The Local Planning Authority (LPA) must grant listed building consent.
• For significant works, the LPA consults central government agencies.
• If demolition is involved, national amenity societies must be notified.

Question 10

Does listing a building prevent all alterations?

Answer 10

No. Listing does not freeze a building in time. It means that any alterations, extensions, or demolitions that could affect the building’s special character require listed building consent.