By Alwyn Thomas,
commercial property specialist at award winning Harding Evans Solicitors.

1. Why do I need planning permission?
If you wish to extend your business premises you need to consider whether or not planning permission is required. The main purpose of planning law is to control the development or use of land to improve the amenity.

The basic rule is that planning permission is required for the carrying out of building, engineering, mining or other operations in, on, over or under land. So, structural alterations and extensions may well require planning permission.

Planning consent is also required for any material change in the use to which the premises are put. It should be noted that the Town and Country Planning (Use Classes) Order 1987 specifies 16 use classes.

2. Are there any exemptions?
Change of use within a use class does not require planning permission. For example, a property with planning permission for use as a post office may be used as a hairdressing salon as both uses fall within the same use class, Class A1. Internal works or works which do not materially affect the external appearance will also not require planning permission.

In addition planning consent is deemed to be automatically granted for certain minor matters under the Town and Country Planning (General Permitted Development) Order 1995 e.g. the erection of a porch.

3. How do I apply?
To apply for planning permission you need to obtain and complete the relevant application forms from the planning department at your local Council. The forms, together with relevant fee and a certificate as to ownership of the property must then be returned to the Council. The Council will then publicise your application and should make a decision within 8 weeks. The decision may be to either grant planning permission unconditionally or subject to conditions or to refuse permission giving reasons. You may appeal the decision to the National Assembly for Wales.

4. What are the consequences if I don’t apply for planning permission?
If you undertake development without planning permission then the Council may send you a Planning Contravention Notice to obtain information. This may be followed by a Breach of Condition Notice to leave compliance with conditions imposed upon the planning permission. Failure to comply with the Notice is an offence.

In serious cases the Council may obtain a court order (called an Injunction) to restrain actual or apprehended breaches of planning control. Non compliance with the court order would result in imprisonment. The Council may, if considered expedient, issue an Enforcement Notice where there is a breach of planning control. Criminal liability arises for breach of the Notice.

Due to the fact that an Enforcement Notice cannot become effective earlier than 28 days after it is served on you, the Council may serve a Stop Notice requiring immediate remedy of the breach of planning control. Non-compliance with the notice is again a criminal offence.

5. Are there any other issues to be aware of?
The quality of the work undertaken is also controlled by the Council through its Building Control Department. Building works require Building Regulation Consent from the Council.

You should, therefore, consider whether or not your proposals will require planning permission and/or building regulation consent. The Council has a formidable arsenal to use against you if you don’t! Advice may be obtained from the Council, a solicitor specialising in planning law or a planning consultant.