Top tips to Navigating Planning Permission in the UK

Navigating Planning Permission in the UK: A Comprehensive Guide

Introduction:

Securing planning permission is a crucial step that homeowners in the UK need to navigate. This blog aims to demystify the process, providing valuable insights into the intricacies of obtaining planning permission for residential projects. Whether you’re planning a new build, extension, or renovation, understanding the planning permission landscape is key to a successful project.

Understanding Planning Permission:

Planning permission is official approval from local planning authorities for specific home projects, ensuring they comply with local/national planning policy and contribute to sustainable development. It’s required to control and manage the impact of construction, alterations, or land use changes on the environment, neighbouring properties, and overall community well-being. The process aims to balance individual property rights with broader community and environmental considerations.

Local planning authorities (LPAs) play a pivotal role in the approval process by assessing and deciding on planning applications. They ensure proposed projects align with planning policy, local plans, and broader community interests. Authorities consider factors like environmental impact, infrastructure, and neighbourhood character to grant or deny planning permission, shaping the overall development of the area.

Projects Requiring a Householder Application:

House Extensions:
- Extensions beyond specified limits, especially for larger projects.
- Loft Conversions:
  - Extensive loft conversions that alter the roof profile or exceed specified volume limits.
- Outbuildings:
  - Construction of detached structures like garages, garden rooms, or sheds, especially if they exceed certain size limits.
- Dormer Windows:
  - Dormer window installations that significantly alter the roofline.
- Boundary Walls and Fences:
  - Construction of high walls or fences, especially in front gardens beyond a certain height limit.
- Change in External Materials:
  - Changing the roofing/cladding material, particularly on certain types of buildings.
  - Changes to windows – colour or material.
- Front Porches:
  - Construction of front porches that exceed specified limits.

Projects Requiring Conservation Area Consent Application:

As the name of the application suggests any property located in a conservation area will need to apply for conservation area consent and planning policy specifically related to the conservation area needs to be followed.

Types of Projects Requiring a Full Planning Application:

New Builds:
- Construction of a new dwelling or multiple dwellings.
Change of Use

Alterations to Listed Buildings:
- Any changes to the external appearance of a listed building. You will also need to apply for Listed Building Consent (LBC). You may also need to apply for LBC if your building is within the curtilage of a listed building.

Solar Panels:
- Some installations may require planning permission, particularly on listed buildings or in conservation areas.

Appeals

Navigating Planning Permission in the UK

Permitted Development Rights:

Permitted Development Rights (PDR) in the UK allow certain home improvements and changes without the need for planning permission. These rights grant homeowners the freedom to carry out specified projects within defined limits. Thereby helping streamline minor alterations to properties while ensuring they adhere to predetermined criteria set by legislation.

We would always recommend obtaining a certificate of lawfulness for any permitted development work. Should you come to sell the property you will need to be able to demonstrate that any permitted development works meet the criteria for PDR, otherwise future owners will have to take out indemnity insurance which can put off potential purchasers.

Further information on PDR can be found here.

The Planning Application Process:

A planning application, including architectural drawings and supporting documentation. Other consultants’ input may be required at this stage ranging from bat surveys, arboriculturist reports (trees), noise assessments, pollution, visual impact assessment, flood risk assessments. Your Architect will be able to advise what is required as part of a planning submission. It may also be likely that these assessments are requested during the application process by the LPA.

Common Challenges and Pitfalls:

Bearing in mind, objections can be made for all kinds of reasons by any member of the public, not just neighbours. Also, they are only considered valid and a material consideration by the LPA if they relate to a detrimental impact. For instance loss of light, privacy, negative visual impact.
The planning officer will assess the planning application against the LPAs planning policies, which can range from conservation area appraisals, to parking standards, to loss of light or overlooking issues.
Members of the public can also contact their local councillors to object and “call in“ applications if the LPA is minded to approve or refuse an application. Should this happen the application will be heard by a planning committee made up of local councillors at a public hearing and they would take to final decision based on the planning officer’s recommendation and public opinion.
Applications can also go to the planning committee should a significant number of objections be lodged. The number of objections required for an application to go to committee will vary between LPAs.

Grounds for Appeal:
An appeal can be lodged if a planning application is denied, or if there are conditions attached to an approval that the applicant finds objectionable. Although, can also be initiated if the local authority fails to make a decision within the specified timeframe.
Submit Appeal to the Planning Inspectorate:
- The appeal is submitted to the Planning Inspectorate, an independent government body. The appeal must include a detailed statement outlining the grounds for disagreement with the decision.
Documentation and Evidence:
- The appellant or their agent provides supporting documentation and evidence to strengthen their case. This may include architectural drawings, expert reports, and any additional information addressing concerns raised during the initial planning process.
Public Inquiries or Hearings:
- Depending on the complexity and scale of the appeal, it may lead to a public inquiry or hearing. This allows all parties, including the appellant and the local planning authority, to present their cases and respond to questions.
Inspector’s Decision:
- A Planning Inspector, appointed by the Secretary of State, reviews the evidence and makes a decision based on planning policies and regulations. The Inspector’s decision is usually final.
Timeframe:
- The appeal process has a defined timeframe, and the Planning Inspectorate aims to provide a decision within a set period, typically at the moment this is likely to be 9 months which can be off putting to lots of clients as there is no guarantee the inspector will overturn a refusal.
Costs:
- The appellant is usually responsible for covering their own costs, including legal and professional fees. However, successful appellants may be able to recover some costs from the local planning authority.

Resubmitting a new application:

Depending on the reasons for refusal it may be better to amend a refused application to address the issues raised in the planning officer’s report. It would be advisable to speak to your Architect about the best way forward following a refusal.
Timeframe:
- This is a quicker route than the appeal process. It is 8 weeks once the application is submitted.

Working with Professionals

The importance of working with experienced professionals, including architects and planning consultants can not be overstated. Professionals that have a track record of gaining planning approval particularly on tricky sites is vital for a positive outcome. You should not dismiss their fees and opt for a less qualified professional who will not only cost more money in the long run but cost you time.

Recent Changes in Planning Regulations:

The free go fee has now been removed as of November 2023. Resubmissions are now chargeable.

Some Local Planning Authorities (LPAs) now charge for amendments to planning applications. Be prepared to have to accept additional fees payable to the LPA.

Conclusion

In conclusion, while the planning permission process may seem complex, a well-prepared homeowner should have a suitably qualified and experienced team to help navigate it successfully. By understanding the nuances of planning regulations, being proactive in the application process, and seeking professional guidance, homeowners can move forward with their projects confidently.

If you have a site, building or land and want to explore the possibilities of developing, get in touch to discuss the art of the possible and how we can help to unlock that potential. We work with an extensive range of consultants whose expertise we draw on for each project.