PLANNING PERMISSION: WHEN DO YOU NEED IT AND HOW DO YOU GET IT?

This guide to planning permission explains it all, from what it is and when you need it (and when you don’t) plus information on application costs, timeframes and what to do if your application is refused.

Planning permission is the key that converts a piece of land into a viable building plot and is in the process of stopping illegal development. Likewise, planning permission is an important part of any self-building or expansion project or a home improvement plan for a building or property located in a particular area.

Although applying for planning permission can be time-consuming (and sometimes stressful), it is useful not only to understand what is involved in the process but also to provide a clear indication of what is involved. Your local planning department is likely to approve

If your plan requires planning permission, this final guide covers everything you need for a successful application – since you need planning permission and how much it costs, Regardless of whether you want to use a planning consultant, how much time and what it should take to get through this process. You have options if your application is rejected

WHAT IS PLANNING PERMISSION?

Planning permission is the consent of your local authority on a proposed building project and is there to prevent improper development. Construction of a new residence, or large-scale changes to existing buildings, generally require planning permission. Planning permission is often the key to turning a piece of agricultural land into a viable building plot.

Decisions regarding planning permission are made in accordance with national guidance (in the form of a national planning policy framework) and local planning policies set by the local authority.

HOW MUCH DOES A PLANNING PERMISSION APPLICATION COST?

The cost of submitting a plan application varies across the UK, but it is currently £ 462 for a full application for a new residential home in England. For homeowners, the cost of an application for an extension in England is currently $ 206, while the average home applicant in Wales is currently £ 190.

Since April 2008, all local planning departments use the same application form, called 1 App, you can find the appropriate form for your area and complete the online application process on the planning portal. 

However, the actual cost of obtaining planning permission comes in preparation for presenting plans and documents (design fees), as well as preparing any surveys (such as environmental surveys) that may be required. Also, keep in mind that you may need to request more than one plan to reach an agreement with the Council and review your plans accordingly (which may include architect/designer fees).

HOW LONG DOES PLANNING PERMISSION LAST?

All planning permissions automatically expire after a certain period. Unless your permission states otherwise, you have three years from the date you were given full consent to start construction.
Depending on where your consent expires, there are several different steps you can take to start your project. If the expiration date is approaching, it may be best to re-apply to ensure you have the proper time to plan well.
If you have enough time to create something called a ‘material start’, then it may be best to get this permission permanently, so that you need time to get started properly.

Avoid buying a plot with planning permission that is about to expire — consent will expire before you have chance to get started. This is especially relevant on consents that were hard fought or where planning policy may have changed. Securing new permission may not always be possible. 

WHEN DO I NEED PLANNING PERMISSION?

If your plan involves the creation of a new residence (either by building from scratch or subdividing an existing home), then planning permission is usually required.
Large-scale building or expansion, or designation or addition/construction or improvement of buildings, may also require planning permission.
Minor additions and improvements can usually be made under approved development.

ARE THERE DIFFERENT TYPES OF PLANNING PERMISSION?

FULL PLANNING PERMISSION

This allows for a detailed design project. But before proceeding with full steam on the site, the terms of the planning associated with consent must be deleted. Generally, they should be formally terminated by a letter from the local authority before starting work – otherwise, approval is invalid.

OUTLINE PLANNING PERMISSION

This allows in principle but does not include design details. It is important to note that outline planning consent does not allow for work to begin. An application for ‘safe affairs’ – which may include the proposed house, shape, location, landscaping and access – will need to be submitted and approved before it can work.

If your detailed plans deviate significantly from the original plan, then you will need to submit a complete plan.

Also, if you want to get your project started sooner, then it makes sense to apply for full planning permission.

HOW LONG DOES IT TAKE TO GET PLANNING PERMISSION?

You should know that your request has been approved after eight weeks – though more complex schemes can take longer.

A mark is posted outside the address of the proposed development and any neighbouring countries affected are invited to view and comment on these projects. This is known as a public consultation process and takes three to eight weeks. The Authority will provide legal advice to the Department of Highways, and to other people where necessary, including the Environment Agency.

In fact, if you have to make multiple requests (following modifications or design changes), you should consider setting an 18-month period for this process.

Securing planning permission doesn’t necessarily mean that you can start work right away. Make sure you look at the terms of the consented plan – for example, you will need to approve your selected key or roofing equipment

SHOULD I USE A PLANNING CONSULTANT TO HELP SECURE PLANNING PERMISSION?

Many people will hire a planning consultant before buying a plot, so as to utilize their development skills. This can save you thousands of pounds in buying projects that aren’t feasible.

Planning consultants are fully aware of the changing planning policies under which any plans will be subject. Therefore, whether you are expanding, renovating or building a new home, their help may be essential – especially if you plan to have restrictions in areas such as the Conservation Area or AONB.

WHAT DOES A PLANNING APPLICATION INCLUDE?

In general terms, your application should include:

  • Five copies of application forms
  • The signed ownership certificate
  • A site plan, block plan, elevations of both the existing and proposed sites,
  • A Design and Access Statement
  • The correct fee

What’s a Design and Access Statement?

These statements have to accompany all planning applications besides householder building works in unprotected areas and changes of use. Statements are used to justify a proposal’s design concept and the access to it. The level of detail depends on the scale of the project and its sensitivity.

Most authorities will have guidance notes available to help you but, unfortunately, unless you ensure you have included one in your submission, planning authorities can refuse to register your planning application.

WHAT FACTORS AFFECT THE GRANTING OF PLANNING PERMISSION?

The local authority will base its decision on what is known as ‘material considerations’, which can include (but are not limited to):

  • Overlooking/loss of privacy
  • Loss of light or overshadowing
  • Parking
  • Highway safety
  • Traffic
  • Noise
  • Impact on listed building and Conservation Area
  • Layout and density of building
  • Design, appearance and materials
  • Government policy
  • Disabled access
  • Proposals in the development plan
  • Previous planning decisions
  • Nature conservation

Neighbours will be consulted and invited to comment, together with the parish councils (in England and Wales), but these objections based solely on material issues have been taken into account.

If the neighbours do not object to it and the officers approve it, they will usually allow planning for the application of the housekeeper known to them as authorization authorities.

Meetings face-to-face can help to justify objections to changes requests should be based on planning policies. And they should be in line with recent decisions in the area

What If Someone Objects?

Like it or not, when you build things, you risk upsetting people. It may not be rational, but people get very emotional about changes that they fear will affect their home, their view or their property’s value – or even just the street they live on.

So it pays to be polite, to talk to the neighbours and to show them the plans. If you can accommodate minor changes without undermining your goals then it might be worth doing if it could help avoid local objections.

If there are objections or the application is called into a committee by one of the local councillors, then the decision will be made by a majority vote by the local planning committee. At the planning meeting, you or your agent will be given an opportunity to address the planning committee, but this time is limited to a maximum of three minutes.

CAN I CHANGE MY DESIGN ONCE I HAVE PLANNING PERMISSION?

While some self-builders do design their own homes, you’ll more than likely need a designer on board to help you formulate plans for your dream home. This might be an architect, architectural technologist, an architectural designer or an in-house designer at a package company.

Finding a suitable designer and completing the design process is likely to take at least a couple of months but may well take longer.

DO I NEED PLANNING PERMISSION TO SELF BUILD?

When your self builds, you’ll have to apply to your local authority for planning permission.

The cost of submitting a planning application varies across the UK but is currently £462 in England. However, the real cost of obtaining planning permission arguable comes from preparing the plans and documents(the design fees) in readiness for submission and any accompanying surveys (such as ecological surveys) that may be required.

You should find out when your local planning authority has approved your application after eight weeks — although more complex schemes can take longer.

All planning permission is granted with conditions attached. Failure to address the conditions will invalidate your consent, making any work done illegal. 

WHAT HAPPENS IF I AM REFUSED PLANNING PERMISSION?

About 75% of the applications were made in England. If your application is rejected, you can either edit or resubmit after dealing with the reasons for denial, or you can appeal to the planning inspector.

About err 40% of domestic requests that are denied are subsequently approved on appeal.

CAN I BUILD A HOUSE WITHOUT PLANNING PERMISSION?

Although land development without planning permission is not illegal, it is not lawful and, as a result, if you have failed to obtain consent for your project, the local planning authority may change the work or Can take action to demolish. In this example, you can apply for a pre-plan and if rejected, you can appeal the decision. If you lose, it can be very expensive.

There is a legal risk: if no enforcement action is taken within four years of completion, the enforcement process is exempt (10 to 10 years for a change in use). Then the development becomes lawful – but the risk is high.

Modifying a listed building without prior permission, however, is a criminal offence, and in most cases, it can be prosecuted and fined – and even imprisoned. So make sure you apply for approval first.

CAN I GET PLANNING PERMISSION FOR A HOME IN THE COUNTRYSIDE?

Many people find that planning permission is difficult if you are building a house in the countryside. However, this is certainly not out of the question as our guide states about planning permission in the countryside.

In fact, under paragraph 79 (first paragraph 55) of the National Planning Policy Framework, it is also possible to construct a green belt in the mainland if your project demonstrates a certain architectural ability.

5 Essential Things to Know About Planning Permission

You can make a planning application on any piece of land in the country — you don’t have to own it

Your planning decision should take no longer than eight weeks from the point of application

The objections of neighbours and local people may well not have any impact on the final decision

You can withdraw an application at any time — so if you think you are going to get a refusal, you can withdraw it at any time up to the day itself, and resubmit free of charge

You can submit an infinite number of planning applications on any one site — and choose which one to use. As long as it is current, you don’t have to use the most recent

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