Planning permission is a formal process, put in place by UK Government and overseen by Local Authorities. It has been put in place to protect both rural and urban areas from inappropriate construction projects. Issued by the Council, planning permission allows development of a specific nature on a particular site. The planning permission is attached to the land, not necessarily the person who has applied for the permission in the first place. It is possible to make a planning application on any site, regardless of the ownership of that land.

There are two main types of planning permission; Outline Planning Permission and Full Planning Permission, these are used for different reasons.

Outline Planning Permission

A developer or potential buyer of a piece of land is able to find out if they would gain Planning Permission to build on or develop a plot of land, before they purchase the ground. This can be done by applying for Outline Planning Permission, giving the Local Authority an outline of their plans for the ground, with very little detail included. The Local Authority can at that stage grant an “in principal” agreement to allow the proposed development. Conversely, the owner of a piece of land would greatly increase the value of that ground by achieving Outline Planning Permission for development before selling it.

Full Planning Permission

Before embarking on any property related project it is always best to check with your local authority to determine whether or not planning permission is required.

Permitted Development Rights allow homeowners to undertake certain types of work without the requirement for planning permission.

Most houses, with the exception of flats and maisonettes, will have permitted development rights, unless located in a Designated Area, such as a National Park, Area of Outstanding Natural Beauty or Conservation Area. In these instances, Permitted Development rights may be restricted or removed under what is known as an Article 4 direction. Article 4 may also be used by a local authority to remove permitted development rights in other areas in the interest of maintaining the character of the local area.

Never assume Permitted Development rights, always check with the local authority and get written confirmation if no permission is needed, before commencing any work.

Where Planning Permission is required, an application can be made online at https://www.planningportal.co.uk  or an application pack containing all the necessary forms, can be requested from the local authority planning department. The application should then be submitted with the necessary supporting documentation and the correct fee.

An application should include:

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

The planning office will validate the application, check that the documentation is in order then acknowledge receipt of the valid application. The application will then be publicised and any objections or letters of support will be logged. All of the documentation and subsequent correspondence will be available for public viewing on the local council’s website. Normally within a period of eight weeks, the application will be considered either by a planning officer, or for more contentious applications, a planning committee and the applicant will be informed of the decision.

Around 75% of planning applications in the UK are approved, some unconditionally, others with conditions attached to the approval. However, an initial refusal is not necessarily the end of the application. The applicant can appeal the decision or after discussion with the planning officer, can make changes to the application and reapply. In some cases, the right of appeal can go as high as the Secretary of State. Around 40% of appeals to local planning departments are later granted.

Planning permission can be denied if the proposed development fails to comply with material considerations such as;

• Overlooks neighbouring property, causing a loss of privacy
• Overlooks neighbouring property, causing loss of light or overshadowing
• Impacts on highway safety
• Would impact on the volume of traffic in the area
• Would cause an increase in noise levels
• Has insufficient disabled access
• Is deemed to be over development of the site, due to the layout and density of building
• Has insufficient allowance for parking
• The design, appearance and materials does not fit in with the surrounding area
• Impacts on listed building and Conservation Area
• Breaches Government policy
• Does not fit in with the local development plan
• Has an adverse effect on surrounding landscape or nature conservation

Neighbours will be informed of any planning application and given the opportunity to comment, object or support the application, as will the local Parish Council in England and Wales, but only those objections based on material considerations would be relevant and potentially upheld.

It is worth noting that an application can be withdrawn at any time if it looks as if it is going to get a refusal. It can be withdrawn at any time up to the day itself, modified and resubmitted free of charge

As the work on a project progresses, there may be occasional checks by a Building Control Officer from the local council to ensure that building regulations and any conditions attached to the planning permission are being adhered to. In some instances the developer may elect to hire a private consultant to carry out these checks, having first informed the local authority. On smaller works, the contractor may be entitled to self-certify their work.

If at any stage in the planning permission process, the applicant has any doubts or questions regarding the application or the process, they should contact the local authority planning department for advice. An early engagement with the planning officer can often pay dividends later down the line.

If you are considering extending or altering your home, you may find some of these services useful: