Commercial Property: Part 1 – Planning Permission – What you need to know

Whether you’re opening a shop, expanding an office, or redeveloping a warehouse, chances are, you’ll need to think about planning permission. The rules around planning permission for commercial property can feel complicated, but understanding the basics is key to avoiding delays, unexpected costs, or even enforcement action.

In this article, we break down the essentials of planning permission and what it means for businesses looking to make changes to commercial property.

Just like residential planning permission, it is the formal approval from your local authority that allows you to build, extend or change the use of a property. Its purpose is to make sure developments are safe, suitable for location, and in line with wider community and environmental needs.

While many small changes to commercial buildings fall under what’s called “permitted development rights” which don’t always require a full application, larger or more significant changes are likely to require a full planning application.

The following situations would typically need planning permission;

• New Builds – Constructing a new office, shop, or industrial unit
• Extensions – Adding extra space to an existing commercial building
• Structural Alterations – Major changes to the layout or fabric of a building, such as removing load-bearing walls or adding new floors
• External Alterations – Changes that affect the outside appearance of the property, such as new signage, cladding, or significant facade work
• Change of Use – Converting a property from one business type to another (for example, turning a retail shop into a restaurant or a warehouse into an office)

Not all changes require a formal application. Under permitted development rights, some commercial property alterations can be carried out without planning permission.

Examples include (but not limited to):

• Small extensions or internal alterations that do not affect the external structure
• Certain changes of use
• Installation of specific types of equipment, such as air conditioning

However, there are restrictions, especially if the property is in a conservation area or is a listed building. In these cases, permitted development rights are often limited or removed altogether.

There are several steps involved in the process and often pre-application advice is a sensible starting point. Many councils offer guidance before you apply, in an effort to help you understand whether your project is likely to be approved or highlight any potential issues that may need addressing.

If you decide to continue with an application, you will be required to submit detailed site plans, architectural drawings, details about how the development meets planning policies, as well as various supporting documents to your local authority.

After submission, there is typically a period of public consultation. During this stage, neighbours, nearby businesses, and other interested parties may be invited to comment on your plans. Their feedback is considered by the local authority alongside the technical and policy aspects of your application.

Once the application has been reviewed against planning policies, the council will issue a decision. In some cases, planning permission is granted outright, but more often it is approved subject to certain conditions, such as a design adjustment, providing extra parking, or restrictions on use. If the application does not meet the necessary requirements, permission may be refused altogether.

If your application is refused, you have the right to appeal the decision. This can be a lengthy process but offers a chance to argue your case before an independent inspector.

It should be understood that if any changes are carried out without permission, the local authority can take enforcement action which may entail halting works, applying fines, or even requiring you to reverse the development, all of which can be extremely costly and result in a significant waste of time and money. Furthermore, making changes without permission can cause problems further down the line if you ever decide to sell the commercial property, as buyers and their solicitors will usually want to see copies of planning consents before proceeding.

If you need legal advice surrounding Commercial Property, contact our experts and book a free 30-minute consultation to discuss your situation.

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