A LITTLE BIT ABOUT PLANNING PERMISSION

Before undertaking any building project, you must first obtain the approval of local government authorities.  Many people (particularly householders) are initially quite reluctant to approach their local authority because, according to local gossip, they are likely to be obtrusive.

In fact the reality  of it is quite the opposite as their purpose is to protect us all from irresponsible builders and developers and they are normally very helpful and sympathetic to any builder and/or DIY person who contacts them wanting to comply with the statutory requirements and has asked for their advice.

 What are Planning controls

Planning controls exist primarily to regulate the use and siting of buildings and other constructions as well as their appearance. What might seem to be a minor development in itself, could have far reaching implications that you had not previously considered (for example, erecting a structure that would ultimately obscure vision at a busy junction and thereby constitute a danger to traffic).

Equally, the local authority might refuse permission on the grounds that the planned scheme would not blend sympathetically with its surroundings.  Your property could also be affected by legal restrictions such as a right of way, which could prejudice planning permission.

The actual details of planning requirements are complex but in respect of domestic developments, the planning authority is concerned primarily with the construction work such as an extension to the house or the provision of a new garage or new outbuildings that is being carried out.

Structures like walls and fences also need to be considered because their height or siting might well infringe the rights of neighbours and other members of the community. The planning authority will also want to approve any change of use, such as converting a house into flats or running a business from premises previously occupied as a dwelling only.

Why are planning controls needed?

The purpose of the planning system is to protect the environment as well as public amenities and facilities. It is not designed to protect the interests of one person over another. Within the framework of legislation approved by Parliament, councils are tasked to ensure that development is allowed where it is needed,

while ensuring that the character and amenity of the area are not adversely affected by new buildings or changes in the use of existing buildings or land.

Some people think the planning system should be used to prevent any change in their local environment, while others may think that planning controls are an unnecessary interference on their individual rights. The present position is that all major works need planning permission from the council but many minor works do not.

Parliament thinks this is the right balance as it enables councils to protect the character and amenity of their area, while individuals have a reasonable degree of freedom to alter their property.

If you live in a listed building of historical or architectural interest or your house is in a Conservation Area, you should seek advice before considering any alterations.

 Who requires planning permission?

Although the rules and requirements vary according to whether you actually own a house or a flat maisonette, generally speaking, the principles and procedures for making planning applications are exactly the same for owners of houses and for freeholders (or leaseholders) of flats and aisonettes. 

Planning regulations, however, have to cover many different situations and so even the provisions that affect the average householder are quite detailed.

You will not need to apply for planning permission to paint your flat or maisonette but, if you are a leaseholder, you may first need to get permission from your landlord or management company.

Who controls planning permission?

The planning system is made up of a cascade of documents. Currently, under the provisions of the Building Act 1984, national policy is mainly set out in Planning

Policy Guidance notes (PPGs). Regions set out regional policy through Regional Planning Guidance notes (RPGs). Structure Plans establish broad planning policies at County Council level, and finally Local Plans set out detailed planning policy at District Council level (where Unitary Councils exist these two documents are generally combined into a Unitary Development Plan). Each layer has to be in conformity with the policies above it in the hierarchy.

Planning and Compulsory Purchase Act 2004

This system has changed significantly thanks to the passing of the Planning and Compulsory Purchase Act 2004. This creates a new hierarchy of policies, and

includes complex guidance on how local authorities are supposed to move from the old system to the new.

Under the 2004 Act County Structure Plans are abolished entirely, and the regional tier of policies is reclassified as a Regional Spatial Strategy (RSS).

Local Plans are changed radically, and renamed Local Development Frameworks (LDFs).

These Frameworks are made up of Local Development Documents (LDDs) which set out specific policies for the whole area or which give detailed guidance for a particular site. LDDs can include Development Plan Documents (DPDs), Supplementary Planning Documents (SPDs), a Statement of Community.

Involvement (SCI), an Annual Monitoring Report and a Local Development Scheme.

The transitional arrangements allow Councils to re designate their current Local Plans as part of their Local Development Framework, but there may well be many cases where Councils will have to shelve Local Plans that are currently being developed and revert to older documents. The potential for confusion is substantial and readers are advised to talk to their local council planning officials.

What Is Planning Permission

The planning control process is administered by your local authority and the system exists to control the development and use of land and buildings for the best interests of the community.

The process is intended to make the environment better for everyone and acts as a service to manage the types of construction, modifications and premises, uses of land, and ensures the right mix of premises in any one vicinity (that individuals may plan to make) is maintained. The key feature of the process is to allow a party to propose a plan and for other parties to object if they wish to, or are qualified to.

What types of planning permission are available?

There are three types of planning permission available: outline, reserved and full.

1.       Outline

This is an application for a development ‘in principle’ without giving too much detail on the actual building or construction. It basically lets you know, in advance, whether the development is likely to be approved. Assuming permission is granted under these circumstances you will then have to submit a further application in greater detail. In the main, this applies to large-scale developments only and you will probably be better off making a full application in the first place.

2.       Reserved matters

This is the follow-up stage to an outline application to give more substance and more detail.

3.       Full planning permission

Is the most widely used and is for erection or alteration of buildings or changes of use. There are no preliminary or outline stages and when consent is granted it is for a specific period of time. If this is due to lapse, a renewal of limited permission can be applied for.

How do I apply for planning permission?

There are fees to pay for each application for planning permission and your be local planning office can provide you with the relevant details. You must make sure you have paid the correct fee — as permission can be refused if there is a discrepancy on fees paid.

When your forms and plans are ready, they need to be submitted to the planning office. The planning office will arrange for them to be listed in the local newspaper under ‘latest planning applications’ and will write to each neighbouring property and (normally) give them 21 days in which to raise any objections.

At the planning office, officials will produce a file after the 21 days have expired, with any objections or supporting information, and will make a recommendation on the application, ready for presenting it at the next planning committee or subcommittee meeting. At this meeting, they will discuss the case, reject it, ask for modifications or accept it. Whichever the decision the planning officer will feed back the decision to the applicant.

There is an appeal procedure, which your local authority planning officer can advise you about.

The Planning Portal is the UK government’s planning resource. It provides extensive details about the planning system, applying for planning permission, finding out about development near you, appeals against a planning decision and researches the latest government policy.  The Portal is split into three sections:

•             General public — a guide to applying for planning permission and accessing local information.

•             Planning professionals — the complete resource for researching and submitting planning applications.

•             Government users — a dedicated knowledge base for all levels of government.

For more details go to www.planningportal.gov.uk

Do I really need planning permission?

Most alterations and extensions to property and changes of use of land need to have some form of planning permission, which is achieved by submitting a planning application to the local authority. The purpose of this control is to protect and enhance our surroundings, to preserve important buildings and natural areas and strengthen the local economy.

However, not all extensions and alterations to dwelling houses require planning permission. Certain types of development are permitted without the need to make an official request, and it is always wise to contact the local authority before commencing any work.

Whether or not planning permission is required, good design is always important. Extensions and alterations should be in scale and in harmony with the remainder of the house. The builder should ensure that details such as window openings and matching materials are taken into account.

Householders are encouraged (by councils) to employ a skilled designer when preparing plans for extensions and alterations but your local authority’s planning officers can also offer general design guidance and provides an indication of the basic requirements for planning permission and building regulation control.

How should I set about gaining planning permission?

If you are in the planning stages for your work and you know planning permission will be required, it is wise to get the plans passed before you go to any expense or make any decisions that you may find hard to reverse such as signing a contract for work. If your plans are rejected, you will still have to pay your architect or whoever prepared your plans for submission but you won’t have to pay any penalty clauses to the building contractor.

It is always best to submit an application in the early stages - if you try to be clever by submitting plans at the last minute (in the hope that neighbours will not have time to react then you could be in for an expensive mistake! It’s much better to do things properly and up-front.

An architect (surveyor or general contractor) can be asked to prepare and submit your plans on your behalf if you like, but as the owner and person requiring the development; it will be your name that goes on the application, even if all the correspondence goes between your architect and the planning department.

You don’t have to own the land to make a planning application, but you will need to disclose your interest in the property. This might happen if you plan to buy land with the intention of developing it, subject to planning approval. It would, therefore, be in your best interest to obtain the consent before the purchase proceeds.

To submit your application you will need to use the official forms, available from the local authority planning department. It’s a good idea to collect these personally. as you may get the opportunity to talk through your ideas with a planning officer and in doing so probably get some useful feedback. You will also need to include detailed plans of the present and proposed layout as well as the property’s position in relation to other properties and roads or other features.

New work requires details of materials used, dimensions and all related installations, similar to that required for Building Regulations.

What sort of plans will I have to submit?

There are three types of plans (namely site, block and building) that can accompany your application and, as indicated above, the choice will depend on the work proposed.

1.       Site plan – INCLUDED IN KJM PLANNING APPLICATION PRICE

A site plan indicates the development location and relationship to neighbouring property and roads etc. Minimum scale is 1:2500 (or 1:1250 in a built-up area). The land to which the application refers is outlined in red ink. Adjacent land, if owned by the applicant, is outlined in blue ink.

2.       Block Plan – INCLUDED IN KJM PLANNING APPLICATION PRICE

A block plan is a detailed plan of a construction or structural alteration that shows the existing and proposed building,  together with all important features. Minimum scales are 1:1500.

3.       Building plans

THESE ARE NOT INCLUDED IN KJM STANDARD PLANNING APPLICATION PRICE – AS THEY ARE NOT GENERALLY REQUIRED FOR PLANNING PURPOSES – IF THEY ARE SUITABLE FOR YOUR PROJECT THEN WE WILL ADVISE A PRICE TO SUPPLY THESE – FACTORS INVOLVING COST WILL BE - EXTENSION SIZE, DETAIL, AND EXISTING SITE CONDITIONS.

Building plans are the detailed drawings of the proposed building works and would show plans, elevations and cross-sections that accurately describe every feature of the proposal. These plans are normally very thorough and include types of material, colour and texture, the layers of foundations, floor constructions, and roof constructions etc.  These are not required at the planning application stage however for complex extensions they will certainly help the committee to decide whether or not to grant you permission.

What is meant by ‘building works’?

In the context of the Building Regulations, ‘building works’ means:

(a)          the erection or extension of a building;

(b)          the provision or extension of a controlled service or fitting;

(c)           the material alteration of a building, or a controlled service or fitting;

(d)          work required by Regulation 6 (requirements relating to material change of use);

(e)          the insertion of insulating material into the cavity wall of a building;

(f)           work involving the underpinning of a building.

What important areas should I take into consideration?

The following are some of the most important areas that should be considered before you submit a planning application.

Advertisement applications

If your proposal is to display an advertisement, you will need to make a separate application on a special set of forms. Three copies of the forms and the relevant drawings must be supplied. These must include a location plan and sufficient detail to show the size, materials and colour of the sign and its position. No certificate of ownership is needed, but it is illegal to display signs on the property without the consent of the owner.

Conservation Area consent

If you live in a Conservation Area, you will need Conservation Area consent to do the following:

• demolish a building with a volume of more than 115 m3 (there are a fewexceptions and further information will be available from your council);

Listed building consent

You will need to apply for listed building consent if either of the following cases apply:

•             Should you wish to demolish a listed building;

•             Should you wish to alter or extend a listed building in a manner which would affect its character as a building of special architectural or historic interest. 

You may also need listed building consent for any works to separate buildings within the grounds of a listed building. Check the position carefully with the council — it is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.

Trees

Many trees are protected by Tree Preservation Orders (TPOs), which mean that, in general, you need the council’s consent to prune or fell them. In addition, there are controls over many other trees in Conservation Areas.          Ask the council for a copy of the department’s free leaflet Protected Trees: a guide to tree preservation procedures.

What are the government’s restrictions on planning applications?

All applications for planning permission will have to take into account the following Acts and regulations.

Planning (Listed Buildings and Conservation Areas) Act 1990

Under the terms of the Planning (Listed Buildings and Conservation Areas)

Act 1990, local councils must maintain a list of buildings within their boroughs, which have been classified as being of special architectural or historic interest. Councils are also required to keep maps showing which properties are within Conservation Areas.

Town and Country Planning (Control of Advertisements) Regulations 1992

In accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992, councils need to maintain a publicly available register of applications and decisions for consent to display advertisements.

The Local Government

Order 1992

The Local Government (Access to Information) (Variation) Order 1992

The Local Government (Access to Information) (Variation) Order 1992 ensures that information relating to proposed development by councils cannot be treated as exempt when the planning decision is made.

Town and Country Planning (General Development Procedure) Order 1995

Every council must keep the following registers available for public inspection in accordance with the Town and Country Planning (General Development Procedure) Order 1995:

•             planning applications, including accompanying plans and drawings;

•             applications for a certificate of lawfulness of existing or proposed use or development;

•             Enforcement Notices and any related stop notices.

All applications for planning permission must receive publicity.

Other areas

As well as the legal requirement to make the planning register available for public inspection, councils will also allow the public to have access to all other relevant information such as letters of objection/support for an application or correspondence about considerations. Three clear days before any committee meeting, the file will normally be made available for public inspection and this file will remain available (i.e. for further public inspection) after the committee meeting. Although commercial confidentiality could well be a valid consideration, the council will not use it so as to prevent important information about materials and facilities also being available.

 How do I apply for planning permission?

Once you have established that planning permission is required, you will need to submit a planning application. Remember, it may take up to eight weeks, or even longer, to get planning permission, so apply early.

You will have to prepare a plan showing the position of the site in question (i.e. the site plan) so that the authority can determine exactly where the building is located. You must also submit another, larger-scale, plan to show the relationship of the building to other premises and highways (i.e. the block plan).

In addition, it would help the council if you also supplied drawings to give a clear idea of what the new proposal will look like, together with details of both the colour and the kind of materials you intend using.

- Under normal circumstances you will have to pay a fee in order to seek planning permission, but there are exceptions. The planning department will advise you.

Application forms and plans

It is important to make sure that you make your planning application correctly.  The following checklist may help:

•             Obtain the application forms from the planning department or from the local council’s website.

•             Read the ‘Notes for Applicants’ carefully — again available from the planning department, or the local council’s website.

•             Fill in the relevant parts of the forms and remember to sign and date them.

•             Submit the correct number and type of supporting plans. Each application should be accompanied by a site plan of not less than 1:2500 scale and detailed plans, sections and elevations, where relevant.

•             Fill in and sign the relevant certificate relating to land ownership.  It is in your own interest to provide plans of good quality and clarity and so it is advisable to get help from an architectural engineer to survey your property and draw the plans to the standard required by your local authority.  Of course KJM will be happy to carry out these works on your behalf.

You can obtain the necessary application form from the planning department of your local council and you will find that this is laid out simply, with guidance notes to help you fill it in. Alternatively, you can ask a builder or architect to make the application on your behalf. This is sensible if the development you are planning is in any way complicated, because you will have to include measured drawings with the application form.

Applying online via the Planning Portal

You can apply for planning permission online via the Planning Portal (www.planningportal.gov.uk).  The Portal’s service will also let you:

•             create a site location plan (compulsory for all applications):

•             attach supporting documents (such as photographs);

•             pay the application fee online (where enabled).

Local authorities working with the Planning Portal offer two different ways of applying for permission.

•             If your local authority has integrated its systems with the Portal you can complete the whole process online and pay for the application electronically (where enabled).

•             If the council systems have not been integrated you can still use the Portal’s service to complete the application forms electronically then print and post them to your local authority. Some local authorities request up to five copies of the forms, so completing them electronically can save time and make sure there are no discrepancies.

The portal provides a detailed map and list of all authorities who currently allow applications on line.

What Is The Planning Process?

If you think you might need process to follow:

Step 1

Contact the planning department of your council. Tell the planning staff what you want to do and ask for their advice.

Step 2

If they think you need to apply for planning permission, ask them for an application form. They will tell you how many copies of the form you will need to send back and how much the application fee will be. Ask if they foresee any difficulties which could be overcome by amending your proposal. It can save time or trouble later if the proposals you want to carry out also reflect what the council would like to see. The planning department will also be able to tell you if Building Regulations approval will also be required.

Step 3

Decide what type of application you need to make. In most cases this will be a full application but there are a few circumstances when you may want to make an outline application — for example, if you want to see what the council thinks of the building work you intend to carry out before you go to the trouble of making detailed drawings (but you will still need to submit details at a later stage).

Step 4

Send the completed application forms and supporting documents to your council, together with the correct fee. Each form must be accompanied by a plan of the site and a copy of the drawings showing the work you propose to carry out.  (The council will advise you on what drawings are needed.)

Extracts from Ordnance Survey maps/Location plans are provided as part of your planning application drawings package from KJM and these will need to be supplied for planning applications submitted by private individuals and for school/college use.

Step 5

The planning department will acknowledge receipt of your application, and publicly announce it — via letters to the neighbourhood parish council and anyone directly affected by the proposal, by publishing details of the application in the local press, notifying your neighbours and/or putting up a notice on or near the site. The council may also consult other organizations, such as the highway authority or the parish council (or community council in Wales).

A copy of the application will also be placed on the planning register at the council offices so that it can be inspected by any interested member of the public. Anyone can object to the proposal, but there is a limited period of time in which to do this and they must specify the grounds for objection.

Under the Local Government Act 1972 (as amended), the public have the right to inspect and copy the following documents:

•             The agenda for a council committee or sub-committee meeting; reports for the public part of the meeting;

•             the minutes of such meetings and any background papers, including planning applications, used in preparing reports.

These documents can be inspected and copied from three clear days before a meeting. There is no charge to inspect a document but councils will charge for making photocopies.

Step 6

The planning department may prepare a report for the planning committee, which is made up of elected councillors. Or the council may give a senior officer in the planning department the responsibility for deciding your application on its behalf. If a report has been made, then this will be presented to a meeting of the council committee, with recommendations on the decision to be made, based on the implications and objections received.

You are entitled to see and have a copy of any report submitted to a local government committee. You are also entitled to see certain background papers used in the preparation of reports. The background papers will generally include the comments of consul tees, objectors and supporters which are relevant to the determination of your application. Such material should normally be made available at least three working days before the committee meeting.

Step 7

The councillors or council officers who decide your application must consider whether there are any good planning reasons for refusing planning permission or for granting permission subject to conditions. The council cannot reject a proposal simply because many people oppose it. It will also look at whether your proposal is consistent with the development plan for the area.

The committee will consider the merits of a proposal; ensure the proposed work meets all the conditions of any local plan or requirements for a district and that the process has been followed properly. The kinds of planning issue it can also consider include potential traffic problems; the effect on amenity and the impact the proposal may have on the appearance of the surrounding area. Moral issues, the personal circumstances of the applicant or the effect the development might have on nearby property prices are not relevant to planning and will not normally be taken into account by the council. The committee will arrive at its decision and the result will be communicated back to the applicants via the planning department.

What can I do if my application is refused?

If the council refuses permission or imposes conditions, it must give reasons.  If you are unhappy or unclear about the reasons for refusal or the conditions imposed, talk to staff at the planning department. Ask them if changing your plans might make a difference. If your application has been refused, you may be able to submit another application with modified plans free of charge within 12 months of the decision on your first application.

The planning department will always grant planning permission unless there are very sound reasons for refusal, in which case the department must explain the decision to you so that you can amend your plans accordingly and resubmit them for further consideration.

A second application is normally exempt from a fee.

The following are some of the main objection areas that your application may meet.

The property is a listed building

Listed buildings are protected for their special architectural or historical value.

A Listed Building Consent may be needed for alterations but grants could be available towards repair and restoration!  If it’s a listed building, it probably has some historic importance and will have been listed by the Department of the Environment. This could apply to houses, factories, warehouses and even walls or gateways. Most alterations which affect the external appearance or design will require listed building consent  as well as other planning consents.

Property is located within in a Conservation Area

Conservation area defined by the local authority, which is subject to special restrictions in order to  maintain the character and appearance of that area. Again, other planning consents may be needed for other areas designated as green belt, areas of outstanding natural beauty, national parks or sites of specific scientific interest

The application does not comply with the local development plan

Local authorities often publish a development plan, which sets out policies and aims for future development in certain areas. These are to maintain specific environmental standards and can include very detailed requirements such as minimum or maximum dimensions of plot sizes, number of dwellings per acre, height and style of dwellings etc. It is important to check if a plan exists for your area, as proposals can meet with some fierce objections from residents protecting their environment.

The property is subject to a covenant

This is an agreement between the original owners of the land and the persons who acquired it for development. They were implemented to safeguard residential standards and can include things like the size of outbuildings, banning use of front gardens for parking cars, or even just the colours of exterior paintwork.

There is existing planning permission

A previous resident or owner may have applied for planning permission, which may not have expired yet. This could save time and expense if a new application can be avoided. If you are considering a planning application, you should consider the above questions. Normally your retained expert — architect, surveyor or builder — can advise and help you to get an application passed. Most information can be collected from your local planning department, or if you need to find out about covenants, look for the appropriate land registry entry.

The proposal infringes a right of way

If your proposed development would obstruct a public path that crosses your property, you should discuss the proposals with the council at an early stage.   The granting of planning permission will not give you the right to interfere with, obstruct or move the path. A path cannot be legally diverted or closed unless the council has made an order to divert or close it to allow the development to go ahead. The order must be advertised and anyone may object. You must not obstruct the path until any objections have been considered and the order has been confirmed. You should bear in mind that confirmation is not automatic; for example, an alternative line for the path may be proposed, but not accepted.

What matters cannot be taken into account?

•             Competition

•             Disturbance from construction work

•             Loss of property value

•             Loss of view

Matters controlled under other legislation such as Building Regulations e.g. structural stability, drainage, fire precautions etc.)

•             Moral issues

•             Need for development

•             Private issues between neighbours (e.g. land and boundary disputes, damage to property, private rights of way, deeds, covenants etc.)

•             Sunday trading

•             The identity or personal characteristics of the applicant.

What are the most common stumbling blocks?

In no particular order of priority, these are:

•             Adequacy of parking

•             Archaeology

•             Design, appearance and materials

•             Effect on listed building or Conservation Area

•             Government advice

•             Ground contamination

•             Hazardous materials

•             Landscaping

•             Light pollution

•             Local planning policies

•             Nature conservation

•             Noise and disturbance from the use (but not from construction work)

•             Overlooking and loss of privacy

•             Previous planning decisions

•             Previous appeal decisions

•             load access

•             Size. layout and density of buildings

•             The effect on the street or area (but not loss of private view)

•             Traffic generation and overall highway safety.

 Can I appeal if my application is refused?

If you think the council’s decision is unreasonable, you can appeal to the Secretary of State or (in Wales) to the National Assembly for Wales. Appeals must be made within six months of the date of the council’s notice of decision.  You can ~so appeal if the council does not issue a decision within eight weeks.