Guide to planning success
Mike Dade goes through the basics you need to prepare for when getting your application ready for the planners
Whether 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 of your project. You’ll also require enough of an understanding of the planning game to ensure that you, or someone acting on your behalf, gets the procedure right. Here, I’m taking a closer look at the factors that’ll weigh in on your application, as well as the route you’ll need to follow to obtain the green light from the local authority.
Understanding 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.
Unfortunately, when it comes to individual councils who administer the planning process, you’ll encounter a variety of jargon. Policy documents, the naming and wording of texts, the titles of planning staff and names of departments can all vary greatly. It’s also worth bearing in mind that local authorities often can’t resist the temptation to change wellestablished and understood language on a regular basis.
What schemes need consent?
Planning authorisation is required for three separate categories: building works; a property’s change of use; and engineering operations. Of these, you’re most likely to encounter the first classification for new homes and extensions, the second for conversion projects, and the third if you’re excavating a pond or changing levels in your garden. In addition, anything that involves alterations to a listed building will need listed building consent.
Normally, one application for planning permission sweeps up everything. For example, if you’re converting a farm building then 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). A single application for a conversion wraps all these elements up together.
You might come across a situation where it’s unclear whether an existing structure or something new that 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 welladvised 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 can be removed or restricted by conditions attached to a planning permission, or by an Article 4 Direction. The latter is most commonly found in conservation areas.
For more advice see www.self-build.co.uk/pd.
How are applications assessed?
Any decision on a submission is supposed to be made in line with the policies of the Local and/or Neighbourhood Plan (unless so-called material considerations dictate otherwise). The Local Plan is essentially a document produced by the district and borough council and is supposed to follow government guidance set out in the National Planning Policy Framework (NPPF). Neighbourhood strategies are drawn up by parish or town councils, or other relevant bodies in the area. These guides establish policies on a very regional basis that are supposed to be broadly consistent with the Local Plan.
Any policy document goes through a lengthy review process that can take a couple of years to complete. At any moment, a council might have an old and rather outof-date plan, as well as a new, emerging one that has not yet been formally adopted. It’s always advisable to ring the district authority’s planning policy department to check which strategy is used for decision making purposes.
If you’re wondering what ‘material considerations’ are, in practice, they’re pretty much anything the officer dealing with your application considers to be relevant. Note that most submissions are assessed by the authority’s planning officials in a process known as a delegated decision.
For some contentious projects, the final call is made by the planning committee, which is a group of councillors who debate and vote on the outcome.
Pre-app guidance
Prior to making your official submission, most councils encourage you to seek pre-application advice. The cost of this varies, as does the amount of time involved. However, it’s often a good idea as you can get an idea of the local authority’s likely reaction to your plans. Taking this
additional step can also identify whether supporting statements will be needed alongside your proposal.
For example, an arboricultural report may be required if any trees will be affected by the scheme. In other cases, the council might deem a flood risk assessment to be necessary. Where the process is expensive or overly slow, going straight to a formal application is a better bet.
Making your application
You can submit your proposal online via the Planning Portal (www.planningportal.co.uk). This enables you to complete the forms, as well as upload your drawings or supporting reports. The process is reasonably user-friendly, too. You’ll 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 it’s 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 often be difficult to get hold of. Some can be evasive about their thoughts until the 11th hour. 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.