15 common planning questions
Planning consultant Mike Dade is always inundated with enquiries at our Build It Live shows – and it’s no wonder, as the planning system can be one of the most confusing and complicated parts of any bespoke home project. Here he runs us through some of th
Mike Dade answers your most frequent queries about how to gain planning consent
Above: The Downies’ self build plot came with outline planning consent, but there wasn’t an indicatioin of what style of house could be built. The couple worked with a designer with good local knowledge and applied to build a contemporary home. The case officer suggested a few alterations to the exterior materials, but the couple are really pleased with the finished look
1 Can I get planning permission to build on my land?
There’s rarely a solid yes or no answer to this one and that’s because there are a large number of factors to consider. The key one is the status of the plot relative to the council’s Local Plan policies – is the land within a settlement where new housing is allowed? If not, prospects diminish sharply, but there could be exceptions to the usual policies of restraint found in the countryside. These might include the council’s policies being out of date, not having an adequate supply of housing land or plots with buildings already present that are suitable for replacement. It’s important to check any local constraints, such as conservation area status, Green Belt, an area at risk of flooding or close proximity to a listed building.
You can seek pre-application advice from your council or get help from a planning professional. But either way, the only way to be 100% sure that you’ll get permission is to make a successful planning application.
2 When can you build a new home in the countryside?
New housing is only allowed here in very limited circumstances. These include where you are replacing an existing house, converting a building or the new house is needed to serve a rural business. The latter approach has to pass stringent tests to prove it is viable and there is a need to be on site 24/7 to manage the business. There’s also an exception detailed in the National Planning Policy Framework (NPPF), which covers England, that allows property designs that are truly outstanding or innovative and which significantly enhance their immediate setting. However, these are tough hurdles to get over and few applications succeed. For more in-depth advice on this see www.self-build.co.uk/buying-countryside-plot
3 Do I need planning permission for my extension or renovation?
While internal refurbishment works don’t need permission (unless it’s a listed building) external alterations almost always do unless they are extremely minor. Luckily, many projects, including some extensions, are covered by so-called permitted development rights that effectively grant a blanket planning permission for them.
These rights are hedged about with a bewildering array of limitations and conditions. So, even where you think your extension would be permitted development, it’s still advisable to get the council to formally confirm this by applying for a certificate of lawfulness, which will say yes or no. For more about what’s covered under PD, go to www.self-build.co.uk/permitted-development
4 Do I need planning consent to replace a building with something similar?
Yes, new works always need permission, although some projects might come under permitted development. It doesn’t matter if you replace a building with one of identical dimensions or design, consent is needed. Of course, if you are replacing on a like-for-like basis, there’s every chance you’ll get permission.
5 How do I go about making a planning application?
You can download the necessary forms from your local council’s website, but it’s easier to use the Planning Portal (www.planningportal.co.uk), where you can fill in the forms, upload drawings and supporting documents and pay the council’s fee. Both this online resource and your local authority have guidance on how to complete the forms and it’s important to make sure you supply all the necessary information the council wants. You’ll find their requirements in their validation document.
Make sure the drawings you submit are all to the right scales and marked up with scale bars and north points. Even quite small errors are likely to be picked up on by the council’s validation officers, who won’t progress your application until everything is present and correct.
6 What professionals can help with the planning process?
If your project is straightforward, your designer will probably complete the application for you. Some architects will happily deal with more complex planning cases, others will defer to a planning professional – typically a chartered planning and development surveyor or a member of the Royal Town Planning Institute.
Where complex legal issues might be involved, it could be necessary to engage a solicitor who specialises in planning law; in rare cases a planning barrister may be involved. You might also need specialists such as an ecologist, arboriculturist, heritage expert, archaeologist or highways or flood risk engineer. One option is to pay the council for pre-application advice that helps to flush out some of the potential issues – and the need for specialist inputs – before you submit your application.
7 How long does the application process take?
It should take eight weeks for a decision to be made, but all too often timings stray over this limit. It’s worth having a look on the council’s website for similar applications to see how long they’re taking.
8 How much does it cost?
Council fees (in England) are currently £206 for householder applications, such as extensions, alterations and outbuildings. Full or detailed applications for new build dwellings are £462 per property. Outline applications for new houses are based on the plot size and charged at £462 per 0.1 hectares.
9 Who makes the decision?
Your district, borough or city council decides on the outcome of the application (not the parish council). In most cases the planning officers will be behind the outcome, known as a delegated decision. Occasionally a more contentious application will go before the planning committee – a group of councillors who debate and vote on new planning applications.
10 What happens if there are objections to the proposal?
It’s common to have people question a planning application. Objections only carry real weight in two circumstances – if they raise genuine planning issues and if there is so much opposition that they influence local councillors. The former is likely to be picked up by the planning officer anyway, but a real campaign of objection against your application can be damaging if a councillor calls your proposal to committee and the members then vote against it for political reasons.
11 Why won’t the planning officer answer my calls?
Pressure of work, part-time hours, underresourced and under-staffed – the reasons are legion. The fact remains that far too many officers are impossible to reach via telephone or email and refuse to discuss applications until they’ve made up their mind on whether to permit or refuse, at which point discussion is futile.
This can be immensely frustrating.
12 What are planning conditions?
When permission is granted, it’s usually subject to conditions. These impose the time limit (three years) and typically ask for details of external materials to be agreed – plus drainage, tree protection measures, landscaping and so on. Look out for the timing of these conditions. Some will have to be discharged by the council before works start, others before works get beyond slab level and some before eventual occupation.
13 What happens if my application is refused?
Look at the reasons for the refusal and see if you can address them. Discuss a resubmission with the planning officer. If a revised scheme is acceptable to you and is likely to be supported by the planners, then resubmit. If there’s really no way forward with the council, you have a right to appeal the decision.
14 Can I change a planning permission after it’s granted?
Yes. There are simplified application procedures for tweaking an approved design. Alternatively, if you want to go for something completely different, you can make a second or even third application, notching up as many planning permissions, for different designs, on your site. You can’t pick and mix though and can only use one of the approved designs.
15 Planning’s all about brown envelopes and who you know, isn’t it?
No! While sharp practice can and does occur from time to time, as occasional prosecutions prove, it’s very rare indeed. Legitimate lobbying of neighbours and parish or district councillors is a different thing and perfectly legal. An absence of objection and plenty of support can be influential when it comes to a decision on your application.