Planning Permission For Temporary Structures
Navigating the legalities of the UK planning system requires a precise understanding of what constitutes “development.” Many property owners and commercial operators mistakenly believe that because a building is not fixed to the ground with deep foundations, it bypasses the need for formal authorisation. However, the requirement for planning permission for temporary structures is determined by a complex interplay of size, purpose, and duration of placement.
Under the Town and Country Planning Act 1990, “development” includes the carrying out of building, engineering, mining or other operations in, on, over or under land. Even if a structure is mobile or modular, its presence on a site for a significant period can constitute a material change in the use of the land. We provide this guide to clarify the thresholds that trigger the need for a planning application and how to utilise permitted development rights effectively.
Key Takeaways
- Duration is critical: Most temporary structures are limited to 28 days under Class B permitted development rights before requiring formal approval.
- Definition of “Temporary”: A structure is not defined solely by its lack of foundations, but by its “permanence, attachment, and physical size.”
- Commercial flexibility: Specific allowances exist for temporary commercial buildings during emergencies or for specific retail/industrial extensions.
- Agricultural exemptions: Farmers often benefit from wider margins for temporary structures, provided they support primary agricultural activities.
- Enforcement risk: Proceeding without a Lawful Development Certificate or planning consent carries the risk of enforcement notices and mandatory removal.
- Site Feasibility: The location, such as a Conservation Area or AONB, significantly restricts temporary development rights.
Defining a Temporary Structure in Planning Law
In the context of UK planning, a temporary structure is a building or installation intended for a limited duration of use. This includes marquees, portable cabins, storage containers, temporary classrooms, and pop-up retail units. The legal test often rests on the “Skerritts of Nottingham Ltd” case, which established that “permanence” is a matter of fact and degree.
If a structure remains on-site for a duration that suggests a degree of permanence, or if it is physically attached to the ground or services, it is likely to be viewed as a permanent fixture by the Local Planning Authority (LPA). We advise clients that the intention to move a structure at a future date does not, by itself, exempt it from planning controls.
| Feature | Temporary Indicator | Permanent Indicator |
|---|---|---|
| Foundations | Rests on existing ground or sleepers. | Concrete pads, piling, or deep strip foundations. |
| Utility Connections | Plug-and-play or tanked systems. | Hard-wired into mains electricity and sewage. |
| Duration | Removed within 28 days or fixed term. | Intended to remain indefinitely. |
| Portability | Can be moved in one piece or folded. | Requires substantial demolition to remove. |
Permitted Development Rights for Temporary Buildings
The General Permitted Development Order (GPDO) provides certain allowances where planning permission for temporary structures is not required. The most common is Class B of Part 4, which allows the temporary use of land for up to 28 days in any calendar year. This is frequently used for markets, motor sports, or temporary festivals.
However, for structures related to construction, Class A of Part 4 allows buildings, moveable structures, and works required temporarily in connection with operations being carried out on that land. These must be removed immediately upon completion of the works. If you are a developer, we recommend ensuring these structures stay strictly within the site boundary defined in your primary planning consent.
Key Restrictions on Permitted Development
- Designated Land: Rights are often withdrawn or restricted in Conservation Areas, National Parks, and Areas of Outstanding Natural Beauty (AONB).
- Article 4 Directions: Local authorities can issue an Article 4 Direction to remove specific permitted development rights for a particular area.
- Listed Buildings: Any structure placed within the curtilage of a Listed Building usually requires planning permission and potentially Listed Building Consent.
- Height Limits: Most temporary commercial extensions under permitted development are capped at a specific height, often 4 metres for dual-pitched roofs.
When You Must Apply for Full Planning Permission
If your project exceeds the 28-day rule or falls outside the scope of the GPDO, a formal planning application is necessary. This is common for “semi-permanent” solutions like temporary school classrooms, modular hospital wards, or industrial warehouses intended for 2-5 years of use.
The LPA will assess these applications against the Local Plan and material considerations. While the “temporary” nature is a factor, the structure must still adhere to standards regarding visual impact, highway safety, and neighbour amenity. We often secure “temporary consents,” which grant permission for a specific number of years, after which the structure must be removed and the land restored.
The Importance of a Lawful Development Certificate
For clients who believe their structure falls under permitted development, we strongly recommend obtaining a Lawful Development Certificate (LDC). This document provides legal proof that the structure is lawful and protects you from future enforcement action. It is an essential component during property divestment or when securing commercial financing, as it eliminates the “planning risk” associated with the asset.
Commercial and Industrial Temporary Structures
In the commercial sector, the need for rapid expansion often leads to the installation of modular storage or additional workshop space. Part 7 of the GPDO allows for certain industrial and commercial extensions. For example, an industrial building or warehouse can sometimes be extended by up to 20% of its original volume without a full application, subject to strict floor space limits (typically 200 to 1,000 square metres depending on the site).
However, these rights do not apply if the structure is within 5 metres of the site boundary or if it significantly reduces the amount of parking or turning space available on the site. We conduct a site feasibility assessment for commercial clients to ensure that these technical nuances are respected before procurement begins.
Temporary Structures for Seasonal and Event Use
Marquees and “pop-up” hospitality venues are common features of the UK summer season. Under the 28-day rule, these can be erected and dismantled without permission. However, the 28-day limit includes the time taken to set up and take down the structure, not just the days of operation.
For venues seeking a permanent seasonal presence—such as a marquee used every summer for weddings—a full planning application for “seasonal use” is the more robust route. This allows the LPA to impose conditions regarding noise mitigation and lighting, providing the operator with long-term certainty that their business model is compliant.
Agricultural Temporary Buildings
Agriculture enjoys broader latitude under Part 6 of the GPDO. Temporary structures for the purposes of agriculture, such as polytunnels or mobile poultry units, often do not require a full application. However, “Prior Approval” may still be required. The authority will examine the siting, design, and external appearance of the structure to ensure it does not negatively impact the rural landscape.
It is a common misconception that all mobile agricultural structures are exempt. If a polytunnel is large, remains in one place for the majority of the year, and is anchored to the ground, it may be deemed a “building” requiring permission. We help farmers navigate these definitions to avoid costly disputes with rural planning officers.
Applying for Temporary Permission: The Process
- Site Feasibility: We evaluate the site against local policies, flood zones, and heritage designations.
- Pre-application Advice: For complex commercial structures, we engage with the LPA to gauge their appetite for a temporary vs. permanent solution.
- Technical Documentation: This includes site plans, elevations, and a Design and Access Statement justifying why a temporary solution is required.
- Submission and Validation: The application is lodged via the Planning Portal.
- Statutory Consultation: Neighbours and statutory consultees (like the Highways Authority) are given 21 days to comment.
- Decision: Most minor temporary applications are decided within 8 weeks, while major commercial schemes may take 13 weeks.
Common Pitfalls and How to Avoid Them
One of the most frequent errors we encounter is the “permanent temporary” structure. This occurs when a client installs a modular building with the intention of it being temporary, but fails to account for its visual impact on the street scene. The LPA will treat a temporary cabin with the same aesthetic scrutiny as a brick-and-mortar extension if it is visible from the public realm.
Another risk involves material change of use. Even if the structure itself is temporary, if its presence changes how the land is used (e.g., turning a field into a temporary car park), the land use change requires permission regardless of the structures’ portability. We ensure that our clients address both the physical structure and the underlying land use in their submissions.
Environmental and Sustainability Requirements
Even temporary structures are now subject to increasing environmental scrutiny. Depending on the scale and duration, you may need to demonstrate how the structure manages surface water runoff or its impact on local biodiversity. For larger modular buildings, authorities may request information on the “circularity” of the materials—specifically how the structure will be recycled or repurposed once its term expires.
We advise incorporating these sustainable elements into the initial design. Using low-impact foundations (like ground screws instead of concrete) can often make a proposal more palatable to planners concerned about long-term soil health and site restoration.
Frequently Asked Questions
Does a shipping container need planning permission?
Yes, in most cases, if a shipping container is used for storage or as an office for more than 28 days, it requires planning permission. Planners generally view containers as “buildings” due to their weight and size. In residential settings, they are often considered unsightly and may face resistance unless clad in timber or hidden from view.
Can I put a temporary structure in my garden?
If the structure is for a purpose “incidental to the enjoyment of the dwellinghouse” (like a small shed or summerhouse), it may fall under Class E Permitted Development. However, there are limits on height (2.5m if near a boundary) and it cannot cover more than 50% of the garden area. If the structure is for someone to live in, even temporarily, full planning permission is almost always required.
How long does “temporary” planning permission last?
Temporary permissions are typically granted for 3, 5, or 10 years. The decision notice will include a condition stating that the structure must be removed and the land restored by a specific date. We can assist in applying for an extension of this period if the operational need persists beyond the original term.
What happens if I don’t get planning permission for a temporary structure?
The local authority can issue an Enforcement Notice, requiring the removal of the structure within a set timeframe. Failure to comply is a criminal offence. If you are already in this position, we can often negotiate a “retrospective planning application” to regularise the situation, provided the structure meets local policy requirements.
Do I need permission for a temporary construction site office?
Generally no, provided the office is situated on the construction site itself and is necessary for the works. Once the main construction project is finished, the site office must be removed immediately to remain compliant with Class A of Part 4 of the GPDO.
Technical Insights: The Three-Part Test for Structures
When determining whether planning permission for temporary structures is required, the courts and inspectors use a three-part test:
1. Size: Is it of such a scale that it is normally built on-site rather than brought in?
2. Permanence: How long is it intended to stay, and how is it attached?
3. Physical Attachment: Is it bolted to a concrete plinth or connected to permanent underground utilities?
Even a structure that passes the “size” and “attachment” tests as being mobile may still be captured by planning law if it creates a “building operation.” We utilise our knowledge of case law to argue the status of your structure, ensuring you do not pay for unnecessary applications while maintaining full legal compliance.
For professional guidance on your specific project, whether it involves modular classrooms, industrial storage, or temporary residential solutions, our team provides the technical precision required to secure a favourable outcome. We act as your liaison with the Local Planning Authority, bridging the gap between your operational needs and the rigid requirements of UK planning law.
