Weekly planning news

Vape shops and adult gaming centres set to face new planning permission rules 

The government is proposing changes to planning rules to give councils and local communities greater control over the opening of ‘unwanted’ businesses on high streets - making specific reference to vape shops, adult gaming centres and betting shops. 

Under the proposed changes, new vape shops would require planning permission before opening. 

Currently, vape shops can operate under Use Class E, the broad planning use class that covers a range of shops and other commercial uses, meaning they can open without an additional planning application where the relevant conditions are met (e.g. if the premises were already operating under the same use class). 

According to the Independent¹, Adult Gaming Centres (AGCs) would also be reclassified to “sui generis”, Latin for “in a class of its own”, meaning new premises (including changes of use from Use Class E) would require planning permission.  

The proposals also include changes to gambling rules², with the government intending to remove the Gambling Act 2005’s “Aim to Permit” requirement. This requirement currently means licensing authorities must generally aim to permit gambling premises licences where applications meet the relevant requirements. Removing this requirement would give councils greater scope to consider whether new betting shops are appropriate for their local area. 

Dan Williams, Chief Revenue Officer at TerraQuest commented on the wider changes. He said: “The announcement rightly puts local communities at the heart of decisions about what their high streets should look like, giving them a greater say in how their town centres evolve. This is exactly what the planning system exists to do. 

“The renewed focus on design and appearance is particularly welcome. Thoughtful shopfronts, signage and public spaces can play an important role in strengthening local character and creating more attractive, welcoming high streets to foster stronger local economies. 

“Giving councils greater control over the mix of high street uses is also a positive step, particularly where it supports the revival of valuable community spaces. The key will be ensuring local planning systems still enable positive, intentional development alongside restricting some of these unwanted uses, while also retaining enough flexibility to reflect the character of individual high streets.” 

The government also plans to tighten the definition of a vape shop to prevent businesses from avoiding the new planning requirements by presenting themselves as general convenience stores or retailers. 

Proposals for adult gaming centres are expected to come into effect at the start of 2027, while the government says further details on how the new measures will work will be developed with councils. 

You can read more on the government’s website³. 

New exemptions to Biodiversity Net Gain come into force 

A new exemption from mandatory Biodiversity Net Gain (BNG) requirements for developments of 0.2 hectares or below has come into force in England, following changes to the BNG rules announced by the government in July.⁴ The changes took effect on 6 August 2026 and apply to new planning applications submitted from that date. 

The exemption applies where the area within the red-line boundary is 0.2 hectares or below, provided the development does not negatively affect any priority habitat. A separate exemption has also been introduced for temporary developments permitted for five years or less, subject to the same condition. 

The changes also remove the previous exemption for self-build and custom-build homes. Many of these developments are expected to fall within the new threshold ⁵and therefore, remain exempt where the relevant conditions are met. 

For minor developments that remain subject to BNG, off-site biodiversity gains will now have the same priority as creating or enhancing habitat on-site. The change provides greater flexibility for smaller developments where delivering biodiversity improvements within the site can be difficult, including some urban and brownfield developments. 

The reforms will also extend BNG to Nationally Significant Infrastructure Projects (NSIPs) for the first time. The government expects this requirement to come into effect from November 2026, with a 10% BNG requirement applying across all NSIP types. 

A further change affecting local planning authorities will take effect from 31 October 2026⁶, when biodiversity gain plan submissions will need to be determined by an officer rather than by a planning committee. LPAs will therefore need to ensure their schemes of delegation reflect the new requirement before it comes into force. 

Further changes to the BNG regime are also expected, including proposed exemptions for developments focused on biodiversity and improvements to parks, playing fields and public gardens. 

Planning Portal recently covered what the changes mean for applicants, agents and local planning authorities. 

You can read the full update here.⁷ 

New planning rules give homeowners more flexibility to install solar panels

The government is changing permitted development rights to make it easier for homeowners in England to install solar panels without applying for planning permission.  

New changes have been made through an amendment to the Town and Country Planning⁸ (General Permitted Development) (England) Order 2015 and will come into effect on 27 August 2026. 
 
Under the new rules, the maximum projection for solar equipment installed on a wall, balcony or roof enclosure will increase from 0.2 metres to 0.4 metres. The existing 0.2-metre limit will remain for installations next to highways and on pitched roofs. 
 
For standalone solar equipment, the current limit of one installation within the curtilage of an individual house will also be removed, allowing homeowners to install more than one where the other permitted development conditions are met. The existing five-metre restriction from the property boundary will also be removed, although some installations in protected areas will still require prior approval. 
 
The changes will also introduce permitted development rights for plug-in solar panels, which are small photovoltaic systems that connect to a home’s electricity supply through a standard plug and socket. Restrictions will apply to installations on wooden fences, gates, walls and other means of enclosure to reduce the risk of fire spreading. 
 
Some additional planning controls will remain in place for properties in protected areas. For example, certain standalone solar equipment installed within five metres of a property boundary in designated areas may require prior approval from the local planning authority. 
 
The government says the changes are intended to support the generation of clean, homegrown power and give households more choice over how solar technology is installed. 

Solar equipment that would not qualify under the new permitted development rules can still be installed under the existing rules until 26 August 2027.

1. https://www.independent.co.uk/news/uk/politics/vape-shops-betting-high-street-councils-andy-burnham-b3030452.html
2. https://www.gov.uk/government/news/pm-vows-to-save-hollowed-out-high-streets-with-crackdown-on-vape-and-betting-shops
3. https://www.gov.uk/government/news/pm-vows-to-save-hollowed-out-high-streets-with-crackdown-on-vape-and-betting-shops
4. https://defraenvironment.blog.gov.uk/2026/07/14/biodiversity-net-gain-amendments-and-transitional-arrangements-published/
5. https://blog.planningportal.co.uk/2026/07/24/changes-to-biodiversity-net-gain-exemptions-in-2026/
6. https://www.brownejacobson.com/insights/biodiversity-net-gain-2026-changes-for-lpas
7. https://blog.planningportal.co.uk/2026/07/24/changes-to-biodiversity-net-gain-exemptions-in-2026/?
8. https://www.legislation.gov.uk/uksi/2015/596/contents