planning permission
📖 What is planning permission? Meaning and definition
Planning permission is a crucial legal concept in the UK, particularly when dealing with land use and property development. It determines whether certain activities, such as changing the use of land or erecting new structures, are allowed. For instance, a change of use for former operational buildings, even if located in a Green Belt area, would typically require planning permission, as seen in cases involving compulsory purchase of land.
This permission is often a key factor in legal disputes, such as applications to modify restrictive covenants. If a restrictive covenant limits the use of a field to grazing or arable farming, obtaining planning permission for a different use, like an equestrian manège, does not automatically override the covenant. The Upper Tribunal considers whether the covenants still provide substantial practical benefits, even with the existence of planning permission for an alternative use.
Furthermore, planning permission can be subject to review and modification, especially older permissions. For example, a 1951 planning permission for mining might become subject to review procedures under environmental legislation. If a modification order is subsequently made, perhaps due to the designation of part of the site as a Special Area of Conservation, this can impact compensation calculations. The assessment of compensation would need to consider the status of the planning permission at the relevant valuation date, including any ongoing review procedures.
In essence, planning permission is a formal consent that governs how land and property can be developed or altered, and its presence or absence, along with any conditions or modifications, can have significant legal and financial implications for property owners and developers.
📋 Requirements
- A proposal for a change of use for land or buildings.
- Consideration of whether the proposed development is in a Green Belt area.
- Assessment of whether existing restrictive covenants would be impacted by the proposed development.
- Compliance with procedures for the review of old mineral planning permissions (ROMP) if applicable.
- Potential for modification orders under relevant planning acts.
📝 Procedure
- An application is made for planning permission for a proposed development or change of use.
- The relevant authority assesses the application, considering factors like location (e.g., Green Belt) and proposed use.
- If granted, conditions may be attached to the planning permission.
- Existing planning permissions, especially older ones, may be subject to review procedures.
- Modification orders can be made to existing planning permissions, potentially impacting compensation.
💡 Examples
- A company sought planning permission for the change of use of former railway buildings to a scrap yard and fuel recovery operation, which was complicated by their location in a Green Belt.
- Landowners applied for planning permission to build an equestrian manège on a field, despite existing restrictive covenants limiting its use to grazing or arable farming.
- A 1951 planning permission for mining operations on a site was later subject to review procedures and a modification order due to environmental designations, affecting compensation calculations.
- A local council considered whether planning permission would have been granted for alternative development on compulsorily purchased land.
📚 Legal basis
- Land Compensation Act 1961
- Law of Property Act 1925
- Town and Country Planning Act 1990
- Environment Act 1995
❓ Frequently asked questions
What does 'planning permission' mean for my property?
Planning permission is official approval from your local council to carry out building work or change how you use your land or property. Without it, certain developments are not allowed.
Can I get planning permission for a change of use on my land?
Yes, you can apply for planning permission to change the use of your land or buildings. The council will consider factors like the proposed new use and the location, such as if it's in a Green Belt area.
If I have planning permission, does that mean I can ignore restrictive covenants?
No, obtaining planning permission does not automatically override restrictive covenants. These are separate legal agreements, and you might still need to apply to modify or remove them, as seen in cases involving equestrian developments.
What happens if my old planning permission is reviewed?
Older planning permissions, especially for activities like mining, can be subject to review procedures under environmental laws. This can lead to modifications to the original permission, which might affect your rights or potential compensation.
How does planning permission affect compensation if my land is compulsorily purchased?
When land is compulsorily purchased, the potential for obtaining planning permission for alternative development on that land can be a factor in determining the compensation you receive. The valuation will consider what permissions might have been granted.
Where can I find out more about planning permission for my specific situation?
Your local council's planning department is the primary source for information on planning permission in your area. For complex cases, especially those involving restrictive covenants or compensation, it is advisable to consult a qualified solicitor.