Commercial property development can involve significant investment, whether you are opening a new business, converting an existing property, extending commercial premises, or changing how a building is used.
Before starting work, it is important to establish whether commercial planning permission is required and whether there are other planning or legal restrictions that could affect your proposal.
Planning requirements can vary considerably depending on the property, its existing use, the proposed use, and the type of development you want to carry out. A project that appears straightforward may require a full planning application, while certain changes may fall within permitted development rights or another form of planning consent.
Getting the planning position right at the beginning can help reduce the risk of delays, additional costs,s and enforcement action.
At Charrette Law, we advise property owners, developers, and businesses on planning and property-related legal matters, helping clients understand the requirements that may affect their commercial development.
What Is Commercial Planning Permission?
Commercial planning permission is planning consent for development involving commercial property or a commercial use.
It can cover a wide range of proposals, including:
- Constructing new commercial buildings.
- Extending existing commercial premises.
- Changing the use of a property.
- Converting buildings for commercial purposes.
- Developing offices, shops, or other business premises.
- Altering the external appearance of commercial buildings.
- Creating additional floorspace.
- Developing mixed-use properties.
However, the fact that a project involves a business does not automatically mean that full planning permission is required.
The first step is to establish what the existing lawful use of the property is and what you are proposing to change.
When Is Commercial Planning Permission Required?
Planning permission may be required where you are carrying out a material change of use, constructing a new building, making certain physical alterations, or carrying out development that falls outside permitted development rights.
For example, you may need planning permission if you are:
- Converting a property from one use to another.
- Constructing a new commercial building.
- Significantly extending existing premises.
- Changing the external appearance of a building.
- Creating a new access.
- Carrying out development that does not benefit from permitted development rights.
The exact requirements depend on the circumstances.
Commercial Change of Use
Change of use is one of the most common planning issues affecting commercial properties.
A property may have an established lawful use, and changing that use can require planning permission.
For example, a proposed change from one type of commercial use to another may require consideration of whether the two uses fall within the same planning use class or whether planning permission is needed.
This is why it is important to establish the property’s existing lawful planning use before proceeding.
Commercial Planning Permission and Use Classes
The planning system groups many different uses into use classes.
These classifications can affect whether a proposed change of use requires planning permission.
For example, commercial uses can include different types of:
- Shops.
- Offices.
- Restaurants and cafés.
- Professional services.
- Industrial premises.
- Storage and distribution.
- Leisure uses.
Not every change between commercial uses requires a planning application, but the specific circumstances need to be checked.
A property owner should not assume that because two businesses appear similar, they automatically have the same planning use.
Do Commercial Properties Have Permitted Development Rights?
Some commercial development can benefit from permitted development rights.
Permitted development rights allow certain types of development to take place without submitting a standard planning application, provided the relevant conditions and limitations are satisfied.
However, permitted development rights are not unlimited.
Restrictions can apply depending on:
- The type of property.
- The existing use.
- The proposed development.
- The location.
- The size and scale of the work.
- Whether the property is in a conservation area.
- Whether an Article 4 Direction applies.
- Other planning restrictions affecting the site.
Where permitted development rights are being relied upon, it is important to confirm that all relevant requirements are satisfied before work begins.
What Does a Commercial Planning Application Involve?
Where full planning permission is required, the application will need to provide sufficient information for the Local Planning Authority to assess the proposal.
Depending on the development, this can include:
- Planning drawings.
- Site location plans.
- Existing and proposed plans.
- Design information.
- Planning statements.
- Access information.
- Transport information.
- Environmental information.
- Heritage information.
- Other supporting documents.
The information required will depend on the scale and nature of the proposal.
Commercial Planning Drawings
The drawings need to clearly communicate what you are proposing to build, alter or change.
This can include information about:
- Building dimensions.
- Layout.
- Height.
- Elevations.
- Site boundaries.
- Access.
- Parking.
- Landscaping.
It is important to distinguish planning drawings from building drawings.
Planning drawings are primarily intended to help the planning authority understand the proposed development and assess its planning impact. They do not necessarily need the same level of technical construction detail as drawings prepared for building regulations or construction.
This distinction can help avoid unnecessary work and expense at the planning stage.
What Factors Does the Planning Authority Consider?
A commercial planning application will be assessed against relevant planning policies and other material considerations.
Depending on the proposal, these may include:
Design and Appearance
The authority may consider the design, scale, materials and appearance of the development.
Impact on Neighbours
Commercial development can potentially affect neighbouring properties through:
- Noise.
- Odour.
- Traffic.
- Loss of light.
- Overlooking.
- Increased activity.
- The scale of the building.
Our article on Daylight Objections explains how concerns about natural light can form part of planning objections where development affects neighbouring properties.
Highways and Access
The planning authority may consider whether the development creates additional traffic or requires changes to access and parking.
Larger developments may also involve highway agreements such as a Section 278 Agreement.
Environmental Considerations
Depending on the site and proposed development, environmental issues may need to be considered.
These could include:
- Biodiversity.
- Ecology.
- Flood risk.
- Contamination.
- Noise.
- Air quality.
- Water.
- Other environmental effects.
Our article on Environmental Assessments provides further information about environmental considerations in the planning process.
Planning a Commercial Development?
Commercial planning requirements can vary significantly from one property to another.
Charrette Law can help you understand the planning and legal considerations affecting your proposed development and identify potential issues before you submit your application. Contact our team for advice on your commercial project.
Commercial Planning Permission and Planning Objections
Commercial developments can sometimes attract objections from neighbouring residents, businesses or other interested parties.
Common concerns can include:
- Increased traffic.
- Parking.
- Noise.
- Operating hours.
- Loss of daylight.
- Overlooking.
- Design.
- Building height.
- Environmental impacts.
- Impact on the character of the area.
Not every objection will prevent planning permission from being granted.
The Local Planning Authority will consider representations alongside planning policies and the overall merits of the application.
Our article on Planning Objections explains how objections work and the types of issues that can be raised.
What Happens If Commercial Planning Permission Is Refused?
A planning refusal does not necessarily mean that the development cannot proceed.
The first step is to understand why the application was refused.
The reasons may relate to:
- Design.
- Highways.
- Residential amenity.
- Environmental impact.
- Heritage.
- Policy requirements.
- Inadequate information.
Depending on the circumstances, you may be able to amend the proposal and submit a revised application.
In some cases, a planning appeal may also be available.
Our article on Planning Applications and Appeals provides further information about challenging planning decisions.
Can a Refused Commercial Application Be Appealed?
Potentially.
Where a statutory right of appeal exists, an applicant may be able to appeal the Local Planning Authority’s decision.
The appropriate strategy will depend on the reasons for refusal and the strength of the planning case.
In some situations, making changes to the proposal may be more appropriate than appealing.
Commercial Planning Permission and Restrictive Covenants
Planning permission is only one part of the development process.
A commercial property may also be affected by private legal restrictions, including restrictive covenants.
A covenant may restrict the use or development of land even if planning permission is available.
For example, a restrictive covenant could potentially prevent:
- Certain commercial uses.
- Additional buildings.
- Subdivision of land.
- Specific types of business activity.
This is why developers and property owners should consider both the planning and legal position before committing to commercial development.
Our article on Restrictive Covenant Lawyers explains how restrictive covenants can affect property development and the legal options that may be available.
Commercial Planning Permission and Section 106 Agreements
Larger developments may also involve planning obligations.
A Section 106 Agreement can impose obligations on a developer where these are necessary to make a development acceptable in planning terms.
The obligations will depend on the circumstances of the development.
Before acquiring a commercial development site, it can therefore be useful to establish whether existing planning obligations or potential future obligations could affect the project’s financial viability.
How Charrette Law Can Help
Commercial development can involve several areas of planning and property law.
At Charrette Law, we can advise property owners, developers and businesses on legal and planning issues connected with their proposed development.
Our related services and expertise include:
- Commercial planning applications.
- Planning appeals.
- Planning objections.
- Permitted development.
- Change of use.
- Environmental issues.
- Restrictive covenants.
- Section 106 Agreements.
- Section 278 Agreements.
- Property development.
Getting advice at the beginning of a project can help you identify potential restrictions and make informed decisions before committing significant resources.
Get Advice on Commercial Planning Permission
Commercial planning permission can involve more than simply submitting an application.
The property’s existing use, proposed development, planning policies, permitted development rights, environmental considerations and legal restrictions can all affect the outcome.
Early advice can help you establish what consent is required and identify potential problems before they lead to delays or additional costs.
If you are planning a commercial development, change of use or alteration to commercial premises, contact Charrette Law for expert planning and legal advice tailored to your project.
Frequently Asked Questions
Do all commercial properties require planning permission?
No. Some commercial development or changes of use may benefit from permitted development rights or may not amount to development requiring planning permission. The circumstances should be assessed before work begins.
Can I change the use of a commercial property without planning permission?
Sometimes. Whether permission is required depends on the existing lawful use, proposed use and applicable planning rules.
Can I extend a commercial property without planning permission?
Certain extensions may benefit from permitted development rights, but conditions and limitations apply. A planning application may be required where the proposal falls outside those rights.
What drawings are required for commercial planning permission?
The requirements depend on the development. Planning applications may require site plans, floor plans, elevations, location plans and other supporting documents.
Can neighbours object to commercial planning permission?
Yes. Neighbours and other interested parties can generally submit comments on planning applications. However, objections need to relate to relevant planning considerations to carry significant weight.
What happens if my commercial planning application is refused?
Depending on the circumstances, you may be able to amend and resubmit the application or appeal the decision where a right of appeal exists.
Can a restrictive covenant prevent commercial development?
Potentially. A restrictive covenant is separate from planning permission and may restrict how a property can be used or developed.
Does commercial planning permission deal with building regulations?
No. Planning permission and building regulations are separate requirements. A development may need to satisfy both.
Can Charrette Law help with commercial planning permission?
Yes. Charrette Law can advise property owners, developers and businesses on planning and legal issues affecting commercial development, including planning applications, appeals, objections and related property matters
