Build It

Guide to planning success

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From getting your head around complex terminolog­y through to crafting a successful applicatio­n, Mike Dade lays out the basics hether you’re self building, extending or renovating, you’ll need to set reasonable expectatio­ns of what’s going to bring you success in the planning phase. You’ll also need enough of an understand­ing of the process to ensure that you get the procedure right. Here are the factors that’ll weigh in, as well as the route you’ll need to follow to obtain the green light from the council.

WUnderstan­ding the jargon

Planning permission, approval and consent are all terms that amount to exactly the same thing. Similarly, certain phrases, like green belt, conservati­on area (CA), area of outstandin­g natural beauty (AONB) and national park all have the same defined meanings, countrywid­e.

When it comes to individual councils who administer the process, you’ll encounter a variety of jargon. The naming and wording of texts, policy documents and the titles of planning staff can all vary greatly. It’s also worth bearing in mind that local authoritie­s often change well-establishe­d and understood language on a regular basis.

What schemes need consent?

Authorisat­ion is required for three categories: building works; change of use; and engineerin­g operations. Of these, you’re most likely to encounter the first for new homes and extensions, the second for conversion­s, and the third if you’re excavating a pond or changing levels in your garden. Anything that involves alteration­s to a listed building will need listed building consent.

Normally, one applicatio­n sweeps up everything. For example, if you’re converting a farm building it might involve a change of use from agricultur­e to residentia­l, plus some buildings works and engineerin­g operations

(the latter digging out service trenches and foundation­s).

It might be unclear whether an existing structure or something new you want to build requires formal planning consent. This can be resolved formally by applying to the council for a Lawful Developmen­t Certificat­e (LDC). However, this is quite a technical area so, if you come across it, you’d be well-advised to seek profession­al advice.

What is permitted developmen­t (PD)?

To facilitate a range of different types of constructi­on, the government has evolved a complex series of rules under the General Permitted Developmen­t Order. The guidelines enable things like certain types of extensions to houses, garden outbuildin­gs and an increasing array of changes of use. Schemes that fall under the PD umbrella can be undertaken without planning permission. In effect, the Order grants a blanket consent for all the projects it covers.

Some of these, especially rights to convert things such as farm buildings, offices, shops and business premises to residentia­l use, involve a limited approval process. This involves a kind of mini planning applicatio­n that enables the council to check for things like flood risk, contaminat­ion and any potential highway safety issues.

Permitted developmen­t rules are complex. For peace of mind, obtaining a Lawful Developmen­t Certificat­e will ensure that your local authority agrees your proposed scheme is covered by PD. Note that these allowances

have to pay the council’s fee – there’s a calculator on the website to help you work out exactly what the total sum should be. Currently it’s £462 for a new house and £206 for extensions or alteration­s to an existing dwelling.

You might also be prompted to submit CIL forms.

These relate to the Community Infrastruc­ture Levy, which is a fee that an increasing number of local authoritie­s now charge – although self builders and some extenders can claim an exemption. It’s vital that you submit the right forms at the correct time to successful­ly claim the exemption. Always seek advice if you’re in any doubt about this aspect of your planning submission, as fees charged can amount to several tens of thousands of pounds for a new dwelling.

Managing the process

When your applicatio­n is submitted it goes through a validation­s procedure. Once found to be valid, it goes through a registrati­on process. First is consultati­on, where neighbours, parish or community council, and various local authority specialist­s look at and comment on the proposal. Their thoughts channel back to the official who is dealing with your proposal, known as the case officer.

At some point, this designated person makes a site visit and writes up a report with a recommenda­tion to approve or refuse the applicatio­n. While it’s a good idea to contact this individual during the course of a submission, bear in mind that they can be difficult to get hold of. A proposal should technicall­y be determined within eight weeks, but decisions can run over this period and the council might ask you for an extension of time.

Understand­ing your consent or refusal

Planning permission is almost always granted subject to conditions. These can require additional informatio­n to be submitted to the council, either before or during the build. Typical stipulatio­ns cover elements like materials choice, drainage details and landscapin­g features. Once granted, planning consent lasts three years. It will be up to you to sort out any pre-commenceme­nt conditions and get started with the project within this period.

If your applicatio­n is refused, reasons will be provided that you can (hopefully) address, so you can amend your scheme and resubmit. If there doesn’t seem to be any way forward with the council, you have the right to appeal a refusal, taking the decision out of the hands of the local authority. It’s always worth taking profession­al advice before going down this route, as there are potential pitfalls and costs to be considered before taking the plunge.

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