Protect duty premises and the planning interface
The 2025 Act grades duties by capacity at 200 and 800. The measures that follow often need planning permission, and the duty itself grants none.
The Terrorism (Protection of Premises) Act 2025 places duties on those responsible for qualifying premises and events, graded by how many people the premises can hold: a standard tier from 200 to 799, and an enhanced tier at 800 and above. The Act received Royal Assent on 3 April 2025 and the substantive duties are not yet enforceable, with the government having said it will give a long lead-in before they are. As at publication, the planning question for occupiers is the practical one: the physical measures the duty will point towards often need planning permission, and the duty itself grants none.
So the sequence to plan for is duty first, design second, consent third. Not the other way round.
What the duty requires and of whom
The duty falls on the person responsible for the premises or event, which in most cases is the person with control of the premises rather than the freeholder.
In the standard tier the requirement is procedural: public protection procedures that reduce the harm to people if an attack occurs at or near the premises. Evacuation, invacuation, lockdown and communication arrangements, written down and understood by staff.
In the higher tier more is expected. Those responsible must notify the regulator of the premises or event, put in place measures to reduce vulnerability to an attack as well as procedures to reduce harm, and document them.
The distinction matters for planning because procedures rarely need permission and measures frequently do.
Capacity thresholds that bring premises into scope
The thresholds are expressed in the number of individuals who may be present at the same time, counting staff as well as members of the public. The standard tier begins at 200 and the higher tier at 800.
The Act allows those figures to be changed, so check the current position rather than relying on a summary.
| Tier | Capacity | Core requirement |
|---|---|---|
| Out of scope | Below the standard tier threshold | No duty under the Act |
| Standard | 200 to 799 | Public protection procedures |
| Higher | 800 or more | Procedures plus measures, notification to the regulator and documentation |
Capacity is a design output as much as an input. A venue reconfiguring its layout can cross a threshold without any change of use, and an occupier whose fire strategy capacity sits just under 800 should know that before adding seating.
Measures that need planning permission
Here is the planning list, in the order it tends to arise.
Means of enclosure, meaning gates, fences, walls and barriers, benefits from a permitted development right in Part 2 of Schedule 2 to the General Permitted Development Order 2015, but with height limits: broadly one metre where adjacent to a highway used by vehicular traffic and two metres elsewhere, and the right is restricted around listed buildings. Security fencing above those heights needs permission.
Closed circuit television has its own right in Part 2, again subject to size, position and location limits. Cameras on a listed building, or beyond the limits, need consent.
Lighting is usually not development in itself where it is fixed to a building, but obtrusive light becomes a planning issue when a scheme comes forward, and in sensitive settings a lighting assessment is expected.
Permanent physical structures such as bollard lines, planters, raised kerbs and reinforced street furniture are development where they are built on land, and on adopted highway they also need the highway authority's agreement.
Anything involving a new or altered access, a service yard reconfiguration or a turning head reopens the highways position.
Internal measures, such as a search area inside a foyer or a reconfigured queuing lobby, are often not development at all, but they will engage Building Regulations, means of escape and accessibility.
Hostile vehicle mitigation on adopted highway
This is the hardest part to consent, because the land usually belongs to the highway authority rather than the occupier.
A bollard line across a forecourt that is adopted highway needs the highway authority on board, probably an agreement under the Highways Act for works in the highway, and planning permission for the structures. Add a conservation area or a listed frontage and the conversation lengthens again.
The measures that get consented are the ones that read as streetscape rather than as fortification. Seating, planters, level changes and heavy street furniture do the same job as a line of steel posts and attract far less objection. Design them into a scheme from the first sketch, because retrofitting protection to a completed forecourt is where the ugly solutions come from.
Heritage constraints on security measures
Security and heritage pull against each other, and the resolution is usually in the detail rather than in the principle.
Where the building is listed, fixings into historic fabric, surface mounted conduit, cameras on principal elevations and any alteration to railings or gates will all need listed building consent and careful justification. In a conservation area the cumulative effect of security clutter along a street is a legitimate planning concern.
Prepare a Heritage Statement that engages with the security requirement honestly rather than treating it as an unarguable necessity. An assessment that identifies the significance affected, explains why a less harmful option was rejected and proposes reversible fixings is the one that gets approved.
Design and access material to submit
The submission should make the security case legible to an officer who is not a security specialist:
- A short statement of the capacity and the tier the premises fall into, with the basis for the capacity figure.
- The threat and risk rationale at a level that can be made public, without publishing anything that compromises the measures.
- Options considered and rejected, with reasons.
- Drawings showing the measures in context, including street elevations rather than plans alone.
- Materials and detailing, with fixing details where historic fabric is involved.
- Accessibility analysis, because bollards, barriers and search areas affect disabled access and wayfinding.
Point six earns its place. Security measures that create a step, narrow a route or remove a drop-off point raise duties under equality law as well as planning policy, and an Equalities Impact Assessment is the document where that reasoning belongs. The design narrative itself sits in a Design and Access Statement.
Separating the duty from the planning decision
A planning authority does not grant permission because a statutory duty exists elsewhere. It assesses the development against the development plan and material considerations, and the need for security measures is one consideration among several.
That cuts both ways. Do not present the duty as a trump card, because an officer who is told the measures are mandatory and then finds that the Act requires an outcome rather than a particular bollard will discount the whole submission. Equally, do not let an authority treat security as optional detailing.
The position described here is as at publication: the Act is on the statute book, the duties are not yet enforceable, and the implementation timetable and guidance are still developing. Check the current guidance and follow changes through the UK planning law updates timeline before advising a client on timing.
To see which documents a venue scheme is likely to need, browse all 66 PlanScope report types.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Which premises fall within the standard and enhanced tiers?
The thresholds are based on the number of individuals who may be present at the same time, counting staff as well as the public. The standard tier runs from 200 to 799 and the higher tier applies at 800 or more. The Act allows the figures to be changed, so confirm the current position before assessing a venue.
Are the duties in force yet?
The Act received Royal Assent on 3 April 2025 and the substantive duties are not yet enforceable. The government has indicated a long lead-in before they bite, with guidance arriving first. Check the current implementation position rather than assuming a date, because the timetable has been expressed as an intention rather than a fixed commencement.
Does the Act give planning permission for security measures?
No. The duty creates an obligation on the responsible person and grants no planning consent. Means of enclosure above the permitted heights, bollard lines and other permanent structures, cameras outside the permitted development limits, and anything affecting a listed building all need their own consents assessed on their own merits.
Who consents hostile vehicle mitigation on a public forecourt?
Where the land is adopted highway, the highway authority has to agree the works, typically under the Highways Act, and planning permission is needed for the structures themselves. Conservation area status or a listed frontage adds heritage consents. Designing protection as streetscape elements usually consents more easily than a line of steel posts.
How should security be presented in a planning submission?
State the capacity and tier with the basis for the figure, give a threat rationale at a level that can be published, show options considered and rejected, provide street elevations rather than plans alone, give fixing and material details, and address accessibility. Avoid presenting the duty as mandating one particular physical solution.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.