Permitted Development Rights
Certain types of work can take place without needing to apply for planning permission. These are called “permitted development rights” and derive from a general planning permission granted not by the local authority but by Government.
These permitted development rights allow for the temporary use of land or buildings for the purpose of commercial film-making for a period of up to 9 months in any 27 month period. This also includes the provision of any temporary structures, works, plant or machinery required in connection with that use.
Temporary Use for Film Making Purpose
Development of this type must comply with all the relevant criteria of Class E, Part 4, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
The height of any temporary structure, works, plant or machinery provided cannot exceed 15 metres, or 5 metres where any part of it is within 10 metres of the curtilage of the land.
Furthermore, in accordance with Class E it is necessary to apply to the local planning authority for a determination as to whether the prior approval of the Local Planning Authority will be required. The development must not begin until this process has taken place.
The following information must be provided with the application:
- a written description of the proposed development;
- a plan indicating the site and showing the proposed development;
- the developer’s contact address;
- the developer’s email address if the developer is content to receive communications electronically; and
- a site-specific flood risk assessment,
- The required application fee. A link to all the relevant application fees is available here.
When making its decision the legislation requires the Council to consider the following issues:
- the schedule of dates which make up the filming period in question and the hours of operation,
- transport and highways impacts of the development,
- noise impacts of the development,
- light impacts of the development, in particular the effect on any occupier of neighbouring land of any artificial lighting to be used, and
- flooding risks on the site.
To assist the Council in making the above assessment it is advisable to provide the following additional supporting information to reduce the likelihood of delays or refusal of the application:
- All relevant dates and hours of operation
- Transport Assessment
- Noise Assessment
- Full details of any external lighting
You should also be aware that there are a number of criteria where such development is not permitted such that an application for prior approval would not be appropriate. These are as follows:
- the land in question, or the land on which the building in question is situated, is more than 1.5 hectares;
- the use of the land is for overnight accommodation;
- the height of any temporary structure, works, plant or machinery provided under Class E (b) exceeds 15 metres, or 5 metres where any part of the structure, works, plant or machinery is within 10 metres of the curtilage of the land;
- the land or building is on article 2(3) land (national park, an Area of Outstanding Natural Beauty, a conservation area, The Broads, or a World Heritage Site);
- the land or the site on which the building is located is or forms part of;
- a site of special scientific interest;
- a safety hazard area; or
- a military explosives storage area;
- the land or building is, or contains, a scheduled monument; or
- the land or building is a listed building or is within the curtilage of a listed building.
If you would like further advice in advance of submitted an application, it is open for you use the Council’s Planning Advice service. Full details of this service, including the relevant fees are available at Planning Advice Services