What are permitted development rights?
Permitted development rights basically let you carry out certain types of development, and certain changes of use, without applying for full planning permission. Those rights are not open-ended though, and each one carries limitations, along with criteria and conditions set out in the General Permitted Development Order (GPDO) that a building or site has to meet.
Cheffins advises landowners and developers across Cambridgeshire and the East of England on what permitted development allows, and on the prior approval that many of these rights depend on. A property that does not benefit from permitted development often has another planning route, so an early conversation is usually worth having.
Prior approval, the step behind the rights
Several permitted development rights depend on prior approval. This is a formal process which allows the local planning authority to consider specified aspects of a proposal before the development proceeds. The matters that can be considered, the procedure and the determination period depend on the particular permitted development right.
Development should not begin until the particular procedural requirements of the relevant right have been satisfied. Depending on the right, this may be through the grant of prior approval, confirmation that prior approval is not required or, in some cases, expiry of the relevant statutory period without a decision.
The permitted development routes we advise on
Each route below has its own criteria, and most depend on prior approval. If you want to read more, each one links to a fuller guide.
Class Q, agricultural to residential. Class Q allows qualifying agricultural buildings, and certain former agricultural buildings, to be converted to residential use, subject to detailed criteria and prior approval from the local planning authority.
Class R, agricultural to flexible commercial use. Class R lets qualifying agricultural buildings, and the land within their curtilage, change to a range of flexible commercial uses, subject to detailed criteria (and prior approval if the footprint of the building is over 150sqm).
Class MA, commercial to residential. Class MA allows qualifying buildings to change from Class E, commercial, business and service, to Class C3 residential use, subject to detailed criteria and prior approval.
Class A, Part 20, new flats above detached blocks of flats. Allows qualifying detached purpose-built blocks of flats to be extended upwards by up to two additional storeys to create new self-contained dwellings, subject to specified limitations and prior approval from the local planning authority.
Class A, Part 6, new agricultural buildings. Class A allows the erection, extension or alteration of an agricultural building on units of five hectares or more, along with certain excavation and engineering operations on that unit, subject to detailed criteria and prior approval.
Change of use. Some changes from one use to another are permitted development, and others need a full application.
Do you have permitted development rights?
Permitted development rights are never guaranteed, so the first step is to check the position for your building or site. We start with the location of the proposed development before reviewing the planning history to see whether permitted development rights have been removed or a specific Article 4 direction is in place. We also check the site constraints that can override permitted development, such as whether the property is listed.
When you need full planning permission instead
Permitted development rights are subject to detailed limitations and exclusions and do not apply in every circumstance. Some rights are restricted or unavailable for listed buildings, within their curtilage or on designated land such as Conservation Areas, National Landscapes, National Parks, the Broads and World Heritage Sites.
Permitted development rights can also be withdrawn by a condition attached to a planning permission or by an Article 4 Direction. An Article 4 Direction normally removes specified rights rather than permitted development rights generally.
Where the relevant permitted development right is unavailable, a full planning application may provide an alternative route, and we can advise on the prospects of securing permission.
The risk of getting it wrong
A permitted development scheme has to stay within the limits and conditions of the right it relies on. A misjudged measurement, or work that begins before prior approval has been issued, can put a scheme outside those limits and expose it to enforcement action by the council. A common one is building beyond the permitted curtilage, the area the right actually covers, by extending into garden or parking areas that fall outside it. Once work strays beyond that, it is no longer permitted development, and the council can act against it.
Confirming the position before you commit is the safest way to avoid that.
Buying land or a building? Check first
Buyers often assume that permitted development, or a right such as Class Q, applies to a building before they buy it, and find out too late that it does not. Cheffins can check the position before you commit, with the planning and land teams working together, so you buy with a clear view of what a site can and cannot do.
Our planning team can undertake due diligence before contracts are exchanged, identifying potential planning constraints and assessing the prospects of securing consent. This can be considered alongside advice from our land team on the property's market value and development potential, helping purchasers make informed decisions and, where appropriate, negotiate a purchase price or contractual terms that reflect the planning risks.
Why Cheffins?
Cheffins does more than secure the consent. As a land agent and new homes agent as well as a planning consultancy, we can take a scheme through from planning to the onward sale of the land or the finished homes, so a single enquiry is handled under one roof.
Our planning and development team advises on permitted development across the region, led by Kennedy Durrant MRTPI, Director, and Andy Brand MRTPI, Director.
Recent approvals give a sense of the range we handle, across the classes and across the region:
Class Q at Ewerby Waithe (North Kesteven). Cheffins successfully obtained Class Q consent for the conversion of an agricultural building into three dwellings. View the approval here.
Class R commercial storage at Great Chesterford (Uttlesford). Cheffins secured Class R Prior Approval for the change of use of a 630 sqm agricultural building to B8 storage. View the approval here.
Class MA at Bassingbourn (South Cambridgeshire). Cheffins secured a change of use of a bridal shop to one dwelling. View the approval here.
Class A Part 20 at Wembley (Brent). Cheffins were granted prior approval to erect 6 flats above an existing block of flats. View the approval here.
Class A Part 6 new agricultural building near Chatteris (Fenland). Following a fire which severely damaged an agricultural building, Cheffins successfully secured prior approval for a new 900sqm hay barn in its place. View the approval here.
Frequently asked questions
What is permitted development?
Permitted development lets you carry out certain types of development, and certain changes of use, without applying for full planning permission, provided the scheme meets the limitations and conditions in the GPDO.
Do I need prior approval?
Many permitted development rights require prior approval, where the council signs off specific matters before work starts. Whether your scheme needs it depends on the right you are relying on, which we can confirm for you.
How long does prior approval take?
The prior approval process usually takes up to 56 days, although this depends on the specific permitted development right.
Can the council still refuse a permitted development?
Yes. The council can refuse a scheme that does not meet the criteria set out in the GPDO.
Does permitted development apply in a conservation area or to a listed building?
Yes, although additional restrictions may apply. Many permitted development rights remain available in conservation areas, while others are restricted or excluded. Similarly, certain permitted development rights can apply to listed buildings, although the majority are explicitly excluded. Listed building consent may also be required separately. The position depends on the particular property and the permitted development right being considered.
What happens if I build without prior approval?
The council can pursue enforcement action where work that needed prior approval has gone ahead without it.
Speak to the planning team
If you are weighing up whether permitted development applies to your building or site, we can check the position for you and set out your options. Get in touch with the planning team or request a callback.