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As homeowners opt to stay put, how to get YOUR grand design past the planners
ONE in ten homeowners say the uncertainty sparked by Brexit means they are more likely to carry out home improvements than put their houses up for sale over the next three years, according to a post-referendum survey by property website Plentific.
Many will start devising plans for new extensions or renovations and send their applications to the local council for approval.
But a leading planning appeals firm warns homeowners to be prepared for a fight.
Its research found local councils threw out an estimated 18,000 residential planning applications ‘unfairly’ last year – and the numbers are expected to escalate this year, if scheduled planning policy changes come into effect.
Experts say homeowners are being misled because as many as three in four rejections could easily be overturned on appeal.
Only about 11 per cent – 2,000 householders – managed to overcome an authority’s decision last year by appealing to the national Planning Inspectorate. More could succeed if armed with the right information, according to Martin Gaine, a former planning officer and founder of appeals specialist Just Planning. He says: ‘Everyone should appeal a rejection. Many aren’t aware there is even an appeal process in place. People are also put off by the official language used in rejection notices.’ Appealing a rejection is free – and there is a high chance of success. Gaine says: ‘I have seen it from the other side and many council planning officers are set in their ways and that cul- ture is passed on to new officers who join.
‘Householders shouldn’t take it lying down as the decisions these people make are often based on out-of-date policies that are in conflict with national policies or even just a subjective view.’
Although about 90 per cent of planning applications are granted in the UK, the geographic picture of success differs dramatically.
Gaine says: ‘The lowest number of cases granted by local planners has been in Newham council in London, where only 53 per cent of cases are granted. Just six councils grant 100 per cent of applications.’
The toughest hurdles are faced by those in the South of England where councils reject between 53 and 73 per cent of applications – with Londoners the most likely to receive the ‘computer says no’ treatment as seven of the ten councils with the lowest approval rates are London boroughs.
Many homeowners apply for planning permission during the building process or after an extension is completed.
This can be a mistake as councils can put a stop to building work or even demand the structure is pulled down by issuing an ‘enforcement notice’.
Gaine says the London Borough of Hammersmith and Fulham issued the most enforcement notices on households in England in the year to September 2015 – 637 out of a total of 5,163.
Those receiving enforcement notices can appeal against the decision, although they must act within 28 days, whereas those appealing against a failed planning application have six months.
Gaine says: ‘Overworked planning officers are often confused between national and local planning policy and tend to reject applications out of hand based on dated rules.
‘Proposed changes to the National Planning Policy Framework will just add to planners’ workload and the chaos.’
If a DIY approach seems too daunting, then consider employing a professional.
Architects and surveyors may help although it is not the main- stay of their work. The Royal Town Planning Institute can offer advice and has a directory of planning professionals, including those who can help with appeals, at rtpi.org.uk.
Gaine specialises in appeals and the team takes on cases only if there is a big chance of success. If it fails, the company will provide advice on the next step to take.
Finding success
YOU are likely to succeed if you discover the council has cited outof-date policies that conflict with national planning policy.
For example, many planners automatically reject extensions over three metres even though this was raised by the Government to between six and eight metres under certain conditions in 2013.
Some councils object to the look of certain materials such as types of brick. These are subjective views and councils have a weak record on enforcing them on appeal.
Many applications fall foul of the so-called ‘45 Degree Rule’, which dictates an extension must not intersect a line drawn at 45 degrees from a neighbour’s window.
In practice, appeals can succeed when it is discovered the window in question is not in regular use.
Some councils take a tougher stance than others on improvements such as loft extensions. It is possible to appeal successfully if it is found a previous challenge has been successful.
A homeowner may have ignored a basic principle on the original planning application – such as building a double-storey side extension that is not set back a metre from a main residence so that it looks subordinate. In which
THE Brexit vote has dampened homeowners’ enthusiasm for moving, according to new research. But it is likely to increase the appetite of many to improve their property instead.
The good news is that homeowners who do not want – or cannot afford – to move are enjoying more freedom than ever to extend their homes, thanks to a relaxation of planning rules.
Yet thousands of applicants a year have their dreams dashed by officials who are out of date with the rules or out of step with developments in design. Do not give up hope because, with a little effort, planning refusals can be overturned.
case, the only way to get it through is by rejigging the application and resubmitting it – and paying a new fee.
How to appeal
FIRST try to engage with the planners dealing with your case. They might accept a tweak to the original plans – although the application may have to be resubmitted. This will result in a fee of £172 in England. Fees differ in Wales, Scotland and Northern Ireland.
APPEALS are allowed if you disagree with the decision – or if the decision was not made within eight weeks (13 weeks for buildings more than 1,000 square metres).
LODGE an appeal within six months – or 28 days if you want to appeal an enforcement notice either stopping building already in progress or demanding it is taken down.
THERE is no charge for making an appeal and you can do it online or by post to the national Planning Inspectorate based in Bristol.
YOU can employ a professional to increase the chance of success. Use a local architect, surveyor or town planner, whose fees vary. Just Planning, after an initial free consultation on the issue, charges £714.
EXPECT a decision within 19 weeks.
IF REJECTED the only recourse is to go to the High Court. Seek legal advice first.
Get it right first time
FIND a good local architect who knows the policy of the local plan- ning department. You should check out recent approvals – and the architects’ names – on the council website.
DO NOT apply for the largest extension you can get away with. Smaller spaces, cleverly designed, can be a more acceptable and affordable option.
SHOW plans to neighbours so they are not startled by a ‘neighbour notification’ letter from the council, that might prompt an objection. Councils pay attention to neighbour opinion.
CONSIDER a ‘permitted development’. These are works – including some large loft conversions – that do not require planning permission, subject to certain restrictions. Check the Government planning website planningportal.gov.uk.