Core principles of planning law - Statutory definition of 'd...

Learning Outcomes

After reading this article, you will be able to apply the statutory definition of 'development' for planning law, distinguish what falls within and outside this definition, and advise on when planning permission is needed. You will also be able to assess factual scenarios, referencing statutory language and applying key exclusions relevant to SQE2 client-based questions.

SQE2 Syllabus

For SQE2, you are required to understand the function and implications of the definition of 'development' within the planning system, as this determines when planning control is engaged and planning permission is needed. As you study this article, focus on:

• The statutory definition of 'development' in section 55(1) Town and Country Planning Act 1990.
• The types of activity included as operational development and material changes of use.
• Activities expressly excluded from the definition of 'development' and their relevance.
• How to apply the definition to practical, client-based planning scenarios.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which statute and section provide the definition of 'development' for planning purposes?
2. True or false? Altering the interior layout of a house always constitutes 'development'.
3. Give an example of an activity specifically excluded from the statutory definition of 'development'.
4. Why is the statutory definition of 'development' essential for advising on planning permission?

Introduction

The planning system in England and Wales regulates land use and development in the public interest. At the core of planning control is the concept of 'development.' Identifying what counts as 'development,' as defined by statute, is the first step in determining whether planning permission is required for any activity affecting land or buildings. For SQE2, you must be able to interpret the statutory definition, recognise key exclusions, and apply the law to real-world client instructions.

The Statutory Definition of 'Development'

The starting point for planning law is the statutory definition found in section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990):

Key Term: development
The legal meaning of 'development' is "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." This definition has two main components:

1. Operational development: Most physical works to land—such as erecting, extending, demolishing, engineering, mining, or rebuilding.
2. Material change of use: Significant changes to the way land or buildings are used, usually where the use falls into a different statutory use class.

Key Term: operational development
The carrying out of construction, demolition, engineering, mining, or similar physical works in relation to land.

Key Term: material change of use
A change in how land or buildings are used that is significant in planning terms, often triggering a different use class under planning law.

Application: Examples of 'Development'

• Building a new residential extension.
• Converting a field into a car park.
• Demolishing a building in preparation for a new use.
• Changing the primary use of a shop to a restaurant (if use classes differ).

Activities Excluded from 'Development'

Not all works or changes relating to land are classed as 'development.' Section 55(2) TCPA 1990, as supplemented by statutory instruments, excludes certain activities from the definition.

Common exclusions include:

• Internal works: Alterations affecting only the interior of a building that do not materially affect its external appearance.
• Incidental curtilage uses: Use of buildings or other land within the garden or curtilage of a dwellinghouse for purposes incidental to that use.
• Changes within one use class: Switching between uses that fall within the same use class under the Town and Country Planning (Use Classes) Order 1987.
• Routine repairs and maintenance: Works that do not materially affect the external appearance of the building.
• Certain agricultural and forestry activities: Where these activities do not involve building, mining, or engineering operations.

Key Term: curtilage
The land immediately surrounding a dwelling, considered to be part of the property—such as gardens, driveways, or attached garages.

Key Term: permitted development
Categories of minor development which have automatic deemed planning permission by law, so do not need express consent.

Worked Example 1.1

A client proposes to reconfigure the internal non-structural walls of his house, creating an open-plan kitchen-diner, with no changes visible from outside. Is planning permission needed?

Answer:
No. If the works do not materially affect the external appearance, they are excluded from the definition of 'development.' Planning permission will not be required.

Worked Example 1.2

A small shop intends to convert to an estate agent's office, both of which fall within the same use class at the relevant time. Does the client need to apply for planning permission?

Answer:
No. Where the uses are in the same use class under the Use Classes Order, this change is not a material change of use, so does not constitute development. No planning permission is needed.

Worked Example 1.3

A residential property owner plans to build a wooden summer house at the end of their garden, used only for domestic hobbies. Is this 'development'?

Answer:
Using a building or land within the curtilage for purposes incidental to the enjoyment of the dwellinghouse is excluded from the definition of development, provided size and use limitations are not exceeded and the use remains ancillary.

Why the Definition Matters

Establishing whether a proposal constitutes 'development' is fundamental in practice. Only development requires planning permission (unless permitted development applies). If an activity or work is not classed as 'development,' planning control does not apply, and no planning permission is needed.

It is a criminal offence to carry out development without the necessary planning consent. Advising correctly on whether a proposal is development is therefore a key step before any work or change of use is begun.

Exam Warning

Always check the exclusions carefully—internal alterations and changes within the same use class are frequent sources of error in exams and practice. Use classes and specific interpretations change periodically through revised statutory instruments.

Key Point Checklist

This article has covered the following key knowledge points:

• The planning system applies only to activities falling within the statutory definition of 'development.'
• Operational development includes most construction, demolition, and significant physical works.
• Material changes of use, if significant, are also development.
• Section 55(2) sets out explicit exclusions from 'development,' including interior alterations and certain uses within the curtilage of a dwellinghouse.
• Where no development occurs, planning permission is not required.

Key Terms and Concepts

• development
• operational development
• material change of use
• curtilage
• permitted development