Permitted development rights explained

If planning applications had to be submitted to the Planning Authority for everything which fell within the definition of “development” (and so requires planning permission) we would be unable to cope with the amount of applications submitted.

To deal with this issue Central Government have created a list of development that can be done without the express permission of the Planning Authority (Wycombe District Council) - provided that various conditions and limitations are met. This is known as “Permitted Development.” These rights can be withdrawn if we adopt an Article 4 direction or if permitted development rights have been removed by planning condition.

Over the years this has been added to and amended and now runs to over 200 pages.  Allowing both “operational development” (building things) and “changes of use” (making a material change of use from one planning category to another as set out in the Use Classes Order).

Permitted Development (PD) Rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (and as amended by 2016, 2017, and 2018 orders).

Need help understanding Permitted Development Rights?

What is allowed under Permitted Development rights is a complicated process. To assist you the Council offers a service to find out whether your proposal would benefit from permitted development rights, or whether express planning permission is required from the Local Authority.  

As part of this service we will explain whether your proposal is covered under PD rights. Usually such informal advice is sufficient for most people’s needs, however if a more formal decision is required you can apply for a Certificate of Lawfulness.

Article 4 directions

In areas where an Article 4 direction is in place, these permitted development rights have been removed and you will be required to apply for planning permission. Article 4 directions can be viewed on My Wycombe by checking the box under "planning constraints".

Permitted Development rights?

There are two types of “permitted development”.  Most you can proceed with as long as you are satisfied that the development falls within the conditions and limitations set out in the legislation (a letter or Certificate from the Planning Authority can be invaluable when you come to sell your property).  More recently many of the categories of permitted development introduced have required a formal notification process before you can benefit from permitted development rights.

You can submit your notification requests in the same way as other planning applications, and details can be found on the apply for planning permission page.

What Permitted Development rights are there?

Please note that the below list is not exhaustive, so we encourage you to seek which permitted development rights have been adopted in the above legislation. We recommend that you use our find out if you need planning permission service or seek advice from a professional planning service to make sure this is done correctly.

We will update this page regularly as new rights are permitted but it is your responsibility to ensure you are complying with the legislation.

Permitted development is split into the following categories:

  • PART 1: Development within the curtilage of a dwellinghouse
  • PART 2: Minor operations
  • PART 3: Changes of use (summarised below)
  • PART 4: Temporary buildings and uses
  • PART 5: Caravan sites and recreational campsites
  • PART 6: Agricultural and forestry
  • PART 7: Non-domestic extensions, alterations etc
  • PART 8: Transport related development
  • PART 9: Development relating to roads
  • PART 10: Repairs to services
  • PART 11: Heritage and demolition
  • PART 12: Development by local authorities
  • PART 13: Water and sewerage
  • PART 14: Renewable energy
  • PART 15: Power related development
  • PART 16: Communications
  • PART 17: Mining and mineral exploration
  • PART 18: Miscellaneous development
  • PART 19: Development by the Crown or for national security purposes

 

What changes of use are allowed under permitted development?

Below is a summary of the permitted 'changes of use' detailed in Part 3 of the GDPO. These are categorised by their use class.

If your proposal falls under permitted development you should apply for a Lawful Development Certificate to ensure your development is legal.

PD rights on changes of use
 Use Class NameWhat you're allowed to do Legislation reference
A1       shops / retail       Permitted change of use of A1 to mixed use (A1/A2 and up to 2 flats)  Class G 
Permitted change of use from mixed use (A1/A2 and up to 2 flats) to A1 Class H
Temporary permitted change (2 years) to A2/A3/B1* Class D
Permitted change of use of A1/mixed A1 and residential, to C3 (dwellinghouses) Class M
Permitted change of use from A1 to A2 Class D
Permitted change of use from A1 to A3 Class C
 Permitted change of use from A1 to D2 Class J
A2       financial and professional services       Permitted change of use from A2 to A1 (where there is a ground-floor display window) Class E
Permitted change of use from A2 to mixed use (A2 and up to 2 flats) Class G
Permitted change of use from mixed use (A2 and up to 2 flats) to A2 Class H
Permitted change of use from A2 to A1 and up to 2 flats (where there is a ground floor display window) Class G
Temporary permitted change of use (2 years) from A2 to A1/A3/B1* Class D
Permitted change of use from A2 to mixed A2 and residential Class M
Permitted change of use from A2 to A3 Class C  
 A3  food and drink  Permitted change of use from A3 to A1/A2 Class A
Temporary permitted change of use (2 years) from A3 to A1/A2/B1* Class D
 A4  drinking establishments  Permitted change of use from A4 to mixed A4/A3 (drinking establishments with food provision) Class A
Permitted change of use from mixed A4/A3 (drinking establishments with food provision) to A4 Class A 
 A5  hot food takeaways  Permitted change of use from A5 to A1/A2/A3 Class A
 Temporary permitted change of use (2 years) from A5 to A1/A2/A3/B1* Class D
B1(a)    offices    Permitted change of use from B1 to B8 Class I
Permitted change of use from B1(a) to C3 Class O
Temporary permitted change of use (2 years) from B1 to A1/A2/A3* Class D
Permitted change of use from B1 to state-funded school or registered nursery (and back to previous use) Class T
B1(b/c)    light industrial production / research    Permitted change of use from B1 to B8 Class I
Temporary permitted change of use (2 years) from B1 to A1/A2/A3 Class D 
Permitted change of use from B1 to state-funded school or registered nursery (and back to previous use) Class T 
Permitted change of use from B1(c) to C3** Class P
B2 general industry Permitted change of use from B1 to B8 Class I
B8  storage or distribution  Permitted change of use from B8 to B1 Class I
Permitted change of use from B8 to C3*** Class P
C1 hotels Permitted change of use from C1 to state-funded school or registered nursery (and back to previous use) Class T
C2 residential institutions Permitted change of use from C2 to state-funded school or registered nursery (and back to previous use) Class T
C2a secure residential institutions Permitted change of use from C2 to state-funded school or registered nursery (and back to previous use) Class T 
C3  residential dwellinghouses (houses) Permitted change of use from C3 to C4 Class L
Permitted erection of a rear single-storey extension Class A
C4 houses in multiple occupation (HMOs) - 6 units or below Permitted change of use from C4 to C3 Class L 
D1 non-residential institutions Temporary permitted change (2 years) from D1 to A1/A2/A3/B1* Class D
D2 assembly / leisure Permitted change of use from C2 to state-funded school or registered nursery (and back to previous use) Class T 
Temporary permitted change of use (2 years) from D2 to A1/A2/A3/B1* Class D
Sui Generis (SG)  'unclassified' - do not fall into an above category       Permitted change of use from Casino to A3 Class C
Permitted change of use from Casino to D2 Class K
Permitted change of use from Amusement centre or Casino to C3 Class N
Permitted change of use from a betting office or pay day loan shop to A1 Class E
Permitted change of use from a betting office or pay day loan shop to A2 Class F
Permitted change of use from a betting office or pay day loan shop to A3 Class C
Permitted change of use from a betting office or pay day loan shop to D2 Class J
Permitted change of use from a betting office or pay day loan shop to mixed use A1 with up to 2 flats (where there is a ground floor display window) / mixed A2 with up to 2 flats / a mixed use betting office and payday loan shop with up to two flats  Class G
Permitted change of use from a betting office / payday loan shop / launderette to C3 Class M
Permitted change of use from a mixed use betting office / payday loan shop / launderette with C3, to C3 Class M 
Permitted change of use from mixed use betting office with up to 2 flats to A1 (where there is a ground floor display window) / A2 / betting office Class M 
Temporary permitted change of use (2 years) from a betting office / payday loan shop to A1/A2/A3/B1 Class D
 Other      other uses not considered in the above use classes (exceptions)      Permitted change of use to C3 Class Q 

Permitted flexible change of use to A1/A2/A3/B1/B8/C1/C2

Note: New use is Sui Generis (SG) - see above

Class R 
Permitted change of use to state-funded school or registered nursery Class S 
Permitted change of use to state-funded school for up to two academic years Class C 
Permitted erection of temporary school buildings and land use for state-funded school for up to three academic years**** Class C 

Permitted change of use from two granted development schemes determined within 10 years of each other.

Note: This excludes the change of use to a betting office or payday loan shop.

Class V 

* Notification is required when the use class is changed interchangeably between permitted uses.
** Temporary permitted development right: prior approval application must be determined or expire without determination by 30 September 2020
*** 
Temporary permitted development right: prior approval application must be determined or expire without determination by 10 June 2019 
**** 
Conditions include the demolition and removal of the buildings at the end of the third academic year