The new National Planning Policy Framework 2026 (NPPF) introduces clearer national policy on how local authorities should approach Article 4 directions and planning conditions that remove permitted development rights.
Permitted development rights allow certain works and changes of use to take place without a conventional full planning application, although some proposals may still require prior approval.
The new NPPF does not change the individual permitted development rights themselves. Instead, Policy DM10 addresses when councils should restrict those national planning freedoms through Article 4 directions.
An Article 4 direction should be supported by robust evidence, necessary to protect local amenity or the wellbeing of an area and limited to the smallest geographical area required to address the identified harm.
The Framework also states that planning conditions should not remove permitted development rights from individual properties unless there is clear justification for doing so.
However, property owners should never assume that a national permitted development right automatically applies to their property. Rights may be restricted by Article 4 directions, previous planning conditions, designated areas or the property’s individual planning history.
Where permitted development rights are available, a Lawful Development Certificate can provide formal confirmation that proposed works are lawful, which may be particularly useful when selling or refinancing a property.
Overall, the NPPF 2026 supports a more targeted and evidence-based approach to restricting permitted development rights, potentially providing grounds to question restrictions that are unnecessarily broad or poorly justified.
If you are considering development under permitted development rights and would like advice on whether planning permission, prior approval or a Lawful Development Certificate may be required, HEAL Planning offers a free, no-obligation telephone consultation.
Complete our quick enquiry form below to discuss your potential options with our case assessment team.
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