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Do you need planning permission for a non permanent structure?

When You Need Planning Permission. As a rule of thumb, if you plan on using your temporary structure continually for more than 28 days, and/or it will be bigger than 100 m², you should be prepared to submit a planning application to your local authority.

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Planning permission is needed for a temporary building if it is intended to be used for more than 28 days, and/or it will be bigger than 100 m², with some exceptions for building extensions. In all other circumstances planning permission is required, but retrospective applications may be made in an emergency or in cases of urgent need.

When Planning Permission is NOT Required

Under some circumstances, you may not need planning permission for your building, for instance if the structure has a floor space of less than 100 m² AND it is not going to be used for more than 28 days. If the structure is an extension to an existing building, you may be able to avoid a planning permit if your building meets the following criteria, even if it is destined for longer term use:

The building is shorter in height than the original building, and

The temporary building is directly relevant to the purpose of the original structure, and The structure is less than 25% of the size of the original by volume.

When You Need Planning Permission

As a rule of thumb, if you plan on using your temporary structure continually for more than 28 days, and/or it will be bigger than 100 m², you should be prepared to submit a planning application to your local authority.

You will also need planning permission if any of the following apply:

The building exceeds 25% of the total area available on your site, or in the case of warehouse and factory extensions, is more than 25% the size of the original building. The temporary building comes closer than 5 m to the boundary of your site The building significantly reduces the amount of land available for parking, and/or manoeuvring of vehicles.

When to Make Your Application

In most circumstances, we recommend making a planning application before you purchase or install your temporary structure. Submit the application with as much time as possible. This ensures you’re covered and there are no issues with your local authority. However, a planning application can take anything from 8 to 12 weeks, which can pose a problem if the structure is needed urgently. For this reason, some businesses choose to go ahead without planning permission. In this case, it is possible to acquire retrospective planning permission, if you can prove that the building is needed on an emergency or urgent basis. In most genuine cases, the local authority concerned will grant retrospective permission without issue. However, if permission is not granted the authority could require you to restore the site to its original condition – i.e. request you to remove your temporary building. Failure to comply could result in an enforcement notice.

In Summary

if you plan to use the temporary building for more than 28 days and it’s going to be bigger than 100m2, you should make an application to your local authority for approval. Whether you do this before you have the temporary building installed, or whether you make a retrospective planning application due to the urgency of the space requirement, is entirely your decision.

Get the Guide

To help you with all this we have produced a helpful guide "Fast Track Your Planning". Please download the FREE guide from the top right corner of this page.

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