Beginner’s guide to the planning process
Before starting works you’ll need to confirm that your project is legal by checking in with your local council – but with various types of permission out there and different guidelines for individual areas, this part of your project could feel like a mine
Most self builders and renovators will come into contact with the planning system at some stage in their project – you might need to get permission to build, change existing consent before you start work or tweak your existing scheme as it progresses and the design evolves. Planning law is a complex subject and policies vary from area to area, but knowledge of the basics should stand you in good stead when you need to dip into the system.
Here I’m looking at what projects do and don’t need planning consent, what kinds of permission there are, who grants it and how decisions are made. I’m also including advice about how to go about making an application and what to do when you have a decision at the end of it – whether granted or refused. For more planning tips visit www.self-build.co.uk/plan-it.
What needs planning permission?
Most building works require consent. The only exemptions include some changes to the inside of the property or very minor external ones. However, in order to prevent the system from crashing under the weight of thousands of applications for tiny alterations, small extensions and new garden structures, limited permission is already applied to buildings under a system called permitted development (PD). This effectively grants blanket consent for a whole range of small works, but be aware that these are still subject to a bewildering array of constraints and exceptions – for more on PD rights see the box on page 94.
Changing the use of a building also requires planning permission – for instance, converting an existing barn into a house. The same applies to land, such as switching the usage from a paddock to form a building plot. It’s worth
noting the extension of a garden out into a field would be a change of use (and quite often a contentious one).
Change of use and structural building works can be completed under a single application. There are PD rules covering the conversion of some agricultural, industrial, office, and shop buildings into residential, but again they are subject to a wide range of provisos.
What kinds of permission are there?
Planning permission, planning consent and planning approval all mean the same thing – as do full and detailed planning permission. The consent will include a property’s design, appearance, materials, layout, arrangement on its plot, plus access, parking and drainage setup.
A plot with detailed permission is likely to have conditions attached to it, often requiring additional information on things like materials, landscaping or drainage. It could also deal with the retention and protection of trees, ecological or archaeological matters and even the hours of the day that building works can take place on the site. If you’re buying land with detailed permission, make sure you read the conditions carefully and check the date it was granted, as it only lasts three years. Also note that you can apply for a different design or layout, and then choose which permission to actually build – but you can’t mix and match!
Outline permission is a less comprehensive form intended to establish the principle of what can be built, with the details subject to a ‘reserved matters’ application. These cover elements like layout, scale, appearance, access and landscaping – it’s possible for one or more of these to be included within an outline consent.
Are there other kinds of permission?
For works to or within the garden of a dwelling, you make what’s known as a householder application, which is a simplified version of a normal detailed one. Most works to listed buildings also require listed building consent; this is usually applied for alongside a planning application.
A new route, permission in principle, is even more vague than outline consent and it remains to be seen whether it gets used much for smaller sites and single plots.
Some types of permitted development require the council to be formally informed and their approval given before you can start the project. These prior notification procedures are like mini planning applications, but restrict the issues the council can consider in determining them.
A lawful development certificate (LDC) is a formal confirmation from a council that something that has been built, or is intended to be, is lawful. It’s useful to get one if you’re planning some expensive works that you think are permitted development, but want the council to formally confirm this before you start work.
Because applications involve both time and cost, it often pays to seek pre-application advice from the council before you formally submit. Procedures and costs for this vary across different authorities.
How do you make a planning application?
The application will be made to your local city, borough or district council. You will provide drawings (made to a specific scale), complete a form and supply additional information depending on the circumstances of your plot. Typical reports include a flood risk assessment, arboricultural survey findings (if there are trees on the site) or an ecological report if there could be protected species.
You pay a fee to the council to make the application; the cost varies according to where you are in the UK. Currently in England, you’ll pay £462 for a detailed application and £462 per 0.1 hectare of land for an outline submission. Householder applications for outbuildings and extensions cost £206. The simplest way to apply is online at www.planningportal.co.uk. This website presents a series of questions that work to establish the type of approval you need and which council you’re applying to.
Once your application is submitted, it gets checked over, validated and then registered. At this point details are sent out to neighbours, the parish council and other relevant consultees, such as the local tree officer. One of the authority’s planners is appointed as the case officer – they make a site visit and assess your proposals.
If everything is straightforward the officers will make the decision themselves, but if it’s any way complicated or contentious, then the scheme might go to the council’s planning committee to be determined. This is made up of a group of local councillors who debate and then vote on applications. In general you can expect to be informed of the outcome within eight weeks from registration, but sometimes that target is missed.
How are planning decisions made?
Planning determinations are supposed to be taken in-line with the policies of the development plan. These are found in Local Plans and Neighbourhood Plans, although not everywhere has the latter. The guidelines are revised from time-to-time and can be out of date or mid-revision; so always check with the council which policies are informing decisions as it’s not always apparent from their websites. They are supposed to follow the broad strategy set out by the government, which is contained (in England) in the National Planning Policy Framework (NPPF). Local politics play a role in decisions, too, so avoiding too many objections to your proposed project is always desirable.
If your scheme is refused then the council must provide a reason. You can look into this and discuss the details with the case officer in order to find out if there’s a way forward. If there is then you can resubmit an application; if not, you can appeal the decision. Doing the latter will take your application out of the council’s hands and into those of an independent government inspector. Going down this route is quite a lengthy process, currently taking about six months, but if it succeeds then permission is granted.