What is Operational Development in Planning?
Operational development is a crucial concept in UK town planning that warrants closer examination.
Operational development refers to the carrying out of building, engineering, mining, or other operations in, on, over or under land. In simpler terms, it encompasses any activity that alters the physical or functional characteristics of land or buildings.
Planning Permission is required for operational development.
In this article I delve deeper and explain the key concept.
Table of Contents
The Definition of Operational Development
Applying for Planning Permission for Operational Development
Building Operations in, on, over, or under Land
Engineering Operations in, on, over, or under Land
Mining Operations in, on, over, or under Land
Other Operations in, on, over, or under Land
Works that Are Not Considered Operational Development
The Definition of Operational Development
To truly understand operational development, we must first turn to the Town and Country Planning Act 1990, Section 55(1). This legislation defines operational development as:
the carrying out of building, engineering, mining, or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
In other words, any activity that involves physical changes to the land or buildings falls under the umbrella of operational development. This can encompass a wide range of activities, including but not limited to:
Constructing new buildings
Demolishing existing structures
Excavating or drilling into the ground
It's important to note that the definition of operational development is not limited to activities that occur on the surface of the land. It also includes operations that take place below or above the ground, such as mining or constructing overhead power lines.
This is not to be confused with a change of use of land or buildings, which also falls within the definition of development, but is subtly different to operational development.
Applying for Planning Permission for Operational Development
While operational development can bring many benefits to a community, such as improved infrastructure and new job opportunities, it also has the potential to have significant negative impacts on the environment, society, and the economy. That is why obtaining planning permission for operational development is a crucial process in the UK town planning system.
To begin the process of obtaining planning permission, the applicant must submit a planning application to the local planning authority. This application will detail the proposed development, including its location, scale, and any potential impacts on the environment and community.
The local planning authority will then assess the application against national and local planning policies and consult with the public and other stakeholders before making a decision to approve, refuse or conditionally approve the application.
Building Operations in, on, over, or under Land
Building operations refer to any activity that involves the construction, demolition, alteration, or addition of a building. It can also include other structures such as walls, hoarding, fences and masts.
Examples of building operations can include erecting a new building, demolishing an existing building, or making structural alterations to a building.
It's important to note that even minor building operations, such as putting up a fence or installing a new window, may require planning permission in some cases.
Engineering Operations in, on, over, or under Land
When we think of operational development, engineering operations might not be the first thing that comes to mind. However, these operations are just as important as building operations, and they too fall under the definition of operational development as per the Town and Country Planning Act 1990.
Engineering operations can be defined as any activities involving the construction, alteration, or maintenance of engineering works. This includes the construction of bridges, tunnels, dams, and other civil engineering structures, as well as the installation and maintenance of pipelines, cables, and other infrastructure.
Mining Operations in, on, over, or under Land
Mining operations, as defined by the Town and Country Planning Act 1990, refer to activities that involve the extraction of minerals or other substances from the ground.
These operations can take place in, on, over, or under land, and include activities such as quarrying, open-cast mining, and underground mining.
Other Operations in, on, over, or under Land
There are other types of operations that fall under the definition of operational development as per the Town and Country Planning Act 1990. These include waste disposal operations, access construction, and the installation of apparatus for the purpose of telecommunication, gas, water, or electricity supply.
These operations are subject to the same planning regulations as building and engineering operations.
Works that Are Not Considered Operational Development
Not all works carried out on land are considered operational development under town planning law.
Some types of works are considered "permitted development" and do not require planning permission. These works include minor alterations or additions to buildings.
Other examples of works that are not considered operational development include certain types of maintenance or repair works, such as painting or replacing a roof. Additionally, some types of development are exempt from planning permission under specific regulations, such as agricultural development.
It's important to note, however, that even if a certain type of work is not considered operational development and does not require planning permission, it may still be subject to other regulations and requirements, such as building regulations.
Operational Development in Planning Law
The issue and definition of operational development has been regularly considered in the law courts, and several principles have been established that have helped refine the definition.
The following cases are a few examples that set out some the principles to consider.
In Cardiff Rating Authority v Guest Keens [1949] it was held that the main characteristics of a building are: (1) the size of he building; (2) it would cause a physical and permanent change; and (3) there would be physical attachment to the ground.
In Chester CC v Woodward [1962] it was held that ‘moveability’ is a consideration as to whether operational development has taken place.
In Street v MHLG & Essex CC [1965] it was held that construction works that amount to ‘maintenance’ or ‘rebuilding’ is a matter of fact and degree. For example, such works that include substantial demolition could amount to operational development.
In R v Swansea CC ex parte Elitestone [1993] wooden chalets supported by pillars, in position as permanent holiday homes for more than 40 years, were held to be buildings.
In Burroughs Day v Bristol CC [1996] it was held that for alterations to the exterior of a building to fall within the definition of development, the test is whether they materially affect the external appearance, which could include change to the external appearance of the building as a whole, the degree of visibility; and the nature of the alterations/works.
In Skerritts of Nottingham Ltd v SSETR and Harrow [2000] it was held that a marquee erected on site for eight months of every year had sufficient permanence to be considered operational development.
This list is not exhaustive and there are several other cases of relevance.
Contact A D P for Planning Advice
Obtaining planning permission is a crucial step in the process of carrying out operational development. This involves submitting a planning application to the local planning authority, who will carefully consider the potential environmental, social, and economic impacts of the proposed development.
If you are seeking planning advice for your next development project, and would like assistance with your planning application, please contact us at mail@adpltd.co.uk or use the form below to see how we can assist you.
