Open Air Business February 2017

INDUSTRY TALK
Understanding
Planning
GETTY IMAGES
Marie Stacey guides us through the definitions of development, permitted development
rights and change of use, and advises on applying for planning permission
DIVERSIFICATION CAN TAKE
many different forms, but do you
need planning permission for
your project? Planning permission
can be the key to unlocking the
potential in your business or land
through diversification. If you are
changing the way you use your
buildings or land, then it is likely
that you will need to apply to your
local authority for permission
unless the changes fall within your
permitted development rights.
The definition of development
within Section 55 1 of the Town
and Country Planning Act 1990
includes ‘the carrying out of
building, engineering, mining or
other operations in, on, over or
under land, or the making of any
material change in the use of any
buildings or other land.’ However,
the question as to whether or not a
“WOODS ARE
DESCRIBED AS
HAVING A HIGH
‘CARRYING
CAPACITY’;
THAT IS, THEY
HAVE AN
ABILITY TO
ABSORB
LOTS OF
PEOPLE AND
ACTIVITIES”
1
R (Save Woolley
Valley Action Group
Ltd) v Bath and
North East Somerset
Council [2012] EWHC
2161 (Admin)
structure constitutes development
within the meaning outlined above
has been a long-standing issue
and one of fact and degree.
A recent 2012 Court of Appeal
case has expanded the parameters
of what constitutes a building
and the tests set in a previous
well-known Court of Appeal case
in Skerritts of Nottingham Ltd
v SSETR [2000] JPL 1025. The
Skerritts Court of Appeal case
defined three main tests to identify
what is a building, which include:
› The construction of the
structure on site;
› Permanence of the structure;
and
› The structure’s physical
attachment to the land.
Construction activities normally
undertaken by a person carrying
on business as a builder is
usually deemed as an operation
and therefore constitutes
development. It has been argued
that if a structure is prefabricated
and easy to assemble i.e. without
a builder, then this does not
constitute development, however,
the 2012 Court of Appeal case
provided further clarity on ‘the
construction of structures on site’.
It found that even if the structure
is easily constructed on site, and
therefore not defined a ‘building’,
a structure such as this may
still fall within the definition of
development in relation to ‘other
operations in, on, over and under
land’.
Accordingly, you may require
planning permission for your
‘temporary’ structure, therefore,
it is best to consult your local
planning authority or planning
WWW.OPENAIRBUSINESS.COM 9 9