Does a Smoking Shelter Need Planning Permission? The Honest Answer

The most common question we get when quoting a smoking shelter is: do I need planning permission for this?

The honest answer is: probably not, but it depends on three things. Where your site is, how big the shelter is, and whether it includes any advertising.

Here is the complete picture.

The starting point: permitted development

Most smoking shelters installed on commercial, industrial, or hospitality premises fall within permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015. This means you can install the shelter without submitting a planning application.

Permitted development for non-domestic buildings allows external additions and structures that meet certain size and siting conditions without formal consent. A standard freestanding smoking shelter, typically under 2.5 metres in eaves height and modest in footprint, usually qualifies.

The key word is "usually."

When planning permission is required

There are several situations where permitted development does not apply and a formal planning application is needed.

Conservation areas. If your premises is within a designated conservation area, permitted development rights for external structures are significantly restricted or removed. Many town centres, village settings, historic high streets, and older commercial districts are in conservation areas. A smoking shelter in these areas almost certainly requires consent. The application process is straightforward for a small structure, but it takes time: 8 to 10 weeks for a standard decision.

Listed buildings. If your building is listed, or if your site is within the curtilage of a listed building, any external structure may require Listed Building Consent in addition to, or instead of, a standard planning application. This includes outbuildings and freestanding structures in the grounds of a listed building, not just works to the building itself.

Article 4 directions. Some local planning authorities have issued Article 4 directions that remove permitted development rights in specific areas. These are less common than conservation area designations but do exist. Your local planning authority can tell you if one applies to your property.

Illuminated signage. If the smoking shelter includes an illuminated advertising panel or backlit sign, a separate Advertisement Consent application is required. A non-illuminated sign does not trigger this requirement.

Exceeding size limits. If the proposed shelter is substantially larger than a standard structure, covers a significant proportion of the original site area, or exceeds height limits, it may fall outside permitted development parameters. This is less common for smoking shelters but worth checking if you are specifying something unusually large.

How to check before you order

The quickest check is to look at your local authority's planning map online. Most councils have a publicly searchable map that shows conservation area boundaries. If your property is inside one, you will need consent.

If you are not sure, call the planning department directly. Most local authorities have a duty planning officer who can answer a quick query. Describe the proposed structure, its size, and its location on the site. They will tell you whether permitted development applies. This call is free and takes five minutes. It is significantly less expensive than installing a shelter and then being required to remove it.

What happens if you do not get consent when you should?

The local authority can issue an enforcement notice requiring you to remove the structure. There is a time limit on enforcement, but it is four years from completion for operational development on most non-residential properties. Retrospective planning applications are possible, but they are not guaranteed to succeed, and the cost and disruption of a removal order is significant.

It is not worth the risk. Check before you install.

Building Regulations: a separate question

Building Regulations approval is separate from planning permission and covers structural safety, fire safety, and other technical standards.

A small freestanding smoking shelter typically does not require Building Regulations approval. It is not a building in the relevant sense, and most standard shelter designs fall below the thresholds that trigger the regulations.

A shelter that is substantially attached to the main building, creates an enclosed space, or is significantly large may be treated differently. If you are specifying a substantial structure, check with a building control officer at your local authority.

The practical position for most businesses

For the majority of workplaces installing a standard aluminium smoking shelter in an ordinary commercial zone:

• No planning permission is required
• No Building Regulations approval is required
• The shelter can be installed once you have chosen a supplier and agreed the specification

We confirm whether permitted development applies for your specific site before any order is placed. If consent is needed, we advise you upfront so you can factor the timing into your project plan.

For the full picture on smoking shelter regulations, including the 50% open rule, distance requirements, and employer duty of care, read our complete guide: UK Smoking Shelter Regulations: What Employers and Venues Need to Know.

View our range of aluminium smoking shelters manufactured in Lancashire and available in any RAL colour.