Guide
Understanding permitted development rights
When you can change your business premises or convert buildings without applying for full planning permission. Covers Class E flexibility, prior approval, and common permitted development opportunities.
Permitted development (PD) rights let you make certain changes to buildings and land without applying for full planning permission. Understanding these rights can save you months of delay and thousands of pounds in application fees.
This guide explains the main PD rights relevant to businesses, when prior approval is needed, and situations where PD rights may not apply.
Key permitted development rights
Class E: the most useful right for businesses
The Class E use class is one of the most significant changes for businesses in recent years. If your premises fall within Class E, you can change between any of these uses without planning permission:
- Shop (former A1)
- Financial and professional services (former A2)
- Restaurant or cafe (former A3)
- Office, research, or light industrial (former B1)
- Clinic or health centre (former D1(a))
- Creche, day nursery, or day centre (former D1(b))
- Indoor sport, recreation, or fitness (former D2(e))
This means a shop can become an office, a restaurant can become a gym, or a clinic can become a creche - all without planning permission.
What Class E does NOT include
Some uses that you might expect to be included are not part of Class E:
- Pubs and drinking establishments - sui generis (outside any use class)
- Hot food takeaways - sui generis
- Cinemas and concert halls - sui generis
- Nightclubs - sui generis
Changes involving sui generis uses always need planning permission.
Prior approval: the lighter-touch process
Some PD rights require prior approval from the local planning authority. This is quicker and cheaper than a full planning application, but you must submit an application and wait for a decision.
How prior approval works
- Submit a prior approval application to your LPA
- Pay the relevant fee (lower than full planning application fees)
- The LPA assesses only the specific impacts listed for that PD right
- Decision within 56 days, or approval is deemed granted
Common prior approval conversions
| From | To | Class | Conditions |
|---|---|---|---|
| Class E (commercial) | Residential | MA | Up to 1,500 sq m, in use for 2+ years |
| Agricultural buildings | Residential | Q | Up to 5 dwellings, max 465 sq m total |
| Storage/distribution | Residential | PA | Up to 500 sq m, in use for 3+ years |
When PD rights do not apply
Several situations restrict or remove PD rights entirely:
- Article 4 directions: Your local planning authority may have removed specific PD rights in certain areas. Check your LPA's website or contact the planning department.
- Conservation areas: Some PD rights are reduced, particularly for external alterations.
- Listed buildings: PD rights do not override the need for listed building consent. Any works affecting the special character of a listed building still require consent.
- National Parks and AONBs: Reduced PD rights for some categories of development.
- Conditions on existing permissions: Your current planning permission may restrict PD rights through conditions.
How to check your PD rights
-
Identify your current use class
Check your planning history with the LPA to confirm your premises' current lawful use class. This determines which PD rights apply.
-
Check for Article 4 directions
Contact your LPA planning department or check their website for any Article 4 directions that remove PD rights in your area.
-
Review the GPDO schedules
The General Permitted Development Order lists all PD rights. Schedule 2 covers the main development types. Check which Parts apply to your situation.
-
Consider a lawful development certificate
If you want certainty, apply for a Certificate of Lawful Development (Proposed). This confirms whether your planned works are PD. Fee is currently half the full application fee.