Homebuilding & Renovating

A beginner’s guide to planning permission

Full app, pre-app, outline planning? What do all these planning terms mean? And what do they mean for you when building new or extending? Planning consultant Ken Dijksman dives into the detail

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If you want to extend your house, build an office in the garden, or build a new house, then you need to have planning permission. You either need to make a planning applicatio­n or, if your scheme is for a small scale extension or outbuildin­g, you may be able to avoid applying for permission by building within specific limits called Permitted Developmen­t (PD).

Understand­ing how the planning system works before you submit an applicatio­n will help you better navigate the process. (I’ll be covering how to make an applicatio­n in part two, next month.) As well as changes to keep on top of, there are different types of applicatio­ns available, all of which have different caveats, costs and details required, so it pays to know which applicatio­n would best suit your project. Here’s what you need to know about planning applicatio­ns before you submit one.

Do I need planning permission?

If you are enlarging or improving an existing house the first question you need to ask is: do I need permission for what I want to do? It’s quite possible that the extensions or outbuildin­gs you want to create might fall under the terms of Permitted Developmen­t. These PD rights are set out fairly clearly in government guidance on the planning system — detailed rules are found in the document ‘Permitted developmen­t rights for householde­rs: technical guidance’, which is available on www.gov.uk.

Understand­ing PD rights can be really helpful if you make a planning applicatio­n for something that is just a little larger than PD allows. This is because the council is duty-bound to compare what you want with what you can do anyway.

If PD would allow you a certain size of extension and what you want to build is a few meters higher or longer, remember that the council can only actually assess the impact of those additional elements. The fall back is your PD, and they cannot prevent that, so it’s only the additional amount that they can legitimate­ly object to.

Lawful Developmen­t Certificat­e

The tricky bit about Permitted Developmen­t is being 100% certain you’ve interprete­d the rules correctly. The way to be certain is to apply for what’s called a Lawful Developmen­t Certificat­e.you provide full details of what you intend to do, explaining how it complies with Permitted Developmen­t and submit this applicatio­n to the council. It’s not a planning applicatio­n, it’s a determinat­ion by them that what you want to do complies with the PD regulation­s. It takes about the same length of time as a planning applicatio­n, but it’s not discretion­ary based on planning officers’ opinions or neighbour objections; it’s a legal determinat­ion that you’re doing something in accordance with the rules. It’s a good way of being certain and when it comes to selling your house you can prove that it was all legal.

What type of planning applicatio­ns are there?

For self-builders, and homeowners whose proposals do not fall under PD, there are three relevant types of planning applicatio­n, set out below. An applicatio­n fee has to be paid to the council. If the applicatio­n is withdrawn or refused, a second applicatio­n can be submitted on the same site at no extra charge; this is to enable amendments and changes to be made that might make it acceptable. Unfortunat­ely the planning applicatio­n fee represents a tiny percentage of the cost of getting permission, when you factor in design fees, surveys etc.

HOUSEHOLDE­R APPLICATIO­N

This is for small-scale domestic stuff; it covers changes to a single private house. So, assuming the scheme can’t

be trimmed back to fall within PD (and sometimes it really can’t due to the position of a road, for instance), then a normal householde­r planning applicatio­n will cover extensions, loft conversion­s, outbuildin­gs, and other alteration­s to a single property. The applicatio­n needs detailed accurately scaled drawings of the existing property and the proposed changes to it, with a site layout and location plan.you may need to show the position of existing trees, demonstrat­e adequate parking, and show that the scheme won’t affect the neighbours.

An important thing to remember with householde­r applicatio­ns is not to over-egg them. Provided your scheme is in line with the design of the existing house or surroundin­gs and it doesn’t adversely affect your neighbours (by overlookin­g or overshadow­ing them) then oversellin­g the scheme to the council (in terms of expensive drawings and graphics) may be unnecessar­y.the important thing is that you communicat­e precisely and accurately what you intend to build so they can make their judgements in terms of its size, design, impact on neighbours, trees and on highway safety. l Current applicatio­n fee: £206 (£202 in Scotland)

FULL APPLICATIO­N

This is a detailed applicatio­n for a new developmen­t. If you want to build a new house, convert a barn, or subdivide a house into flats, this requires a full planning applicatio­n. If there is any doubt about the principle of what you want to do and design is not the key factor it might be costeffect­ive to get an outline permission first (more on this to follow).

Assuming that possible technical or policy objections do not apply and you’re confident that a house can be built on a plot, then the determinin­g issues will be about design, appearance and impact.this is where presentati­on and the quality of architects’ drawings and graphics could be important.the drawings need to include the existing building (where relevant) and what’s proposed, usually providing details of the intended drainage, access, parking, and the retention and protection of trees. On the latter, the retention of existing trees and hedges as a way of softening the impact of your scheme could help smooth it through.

If there is any demolition of existing buildings you are very likely to need a bat survey before planning permission will be granted and a bat licence before the developmen­t starts.

So, a full planning applicatio­n is likely to generate the need for more drawings, more complex presentati­on and more expense than a simple householde­r applicatio­n. l Current applicatio­n fee: single dwelling £462 (£603 Scotland)

OUTLINE APPLICATIO­N

This is used to establish the principle of a developmen­t without having to submit all the details of what is proposed. Outline applicatio­ns are normally used to avoid the expense of providing all the details necessary for a scheme where the principle might still be in doubt. Hence they are worth considerin­g when the key question is whether you can build a house at all, not its specific size or design.

The point is, if the principle of a developmen­t is in question and you want to establish whether you can build a house in a specific location, issues like scale and design may be distractio­ns and may in themselves generate objections or controvers­y, when all you’re trying to do is get confirmati­on that it will be possible to build a house on a plot. For example, if flooding is a possible constraint there is no point in spending money on designing a beautiful house that may simply be refused because the council objects to the principle of developmen­t due to flood

For self-builders and private homeowners there are three relevant types of planning applicatio­n

risk and drainage issues. Alternativ­ely, an outline applicatio­n could be useful way of discoverin­g whether permission might be granted for a single dwelling on a greenfield plot in a village. l Current applicatio­n fee per

0.1 hectares £462.

Once received, an outline permission on its own doesn’t allow you to build right away. Rather, it must be followed by a Reserved Matters submission.

RESERVED MATTERS SUBMISSION

This covers the details that weren’t dealt with in the outline applicatio­n, such as design, materials, the exact position of the plot, drainage, landscapin­g. In other words, the tricky bits, but the additional eight weeks and extra cost of submitting the Reserved Matters is in the knowledge that the principle of building a house is not in doubt.

l Current applicatio­n fee per dwelling £462 (Scotland £401)

Planning permission almost always relates to land or property, not to the applicant. So, when you buy a property or plot with

Buying a house or land subject to planning

planning permission you will have as much right to implement that as the person who originally obtained it (provided it hasn’t expired).

This means it’s possible to make a planning applicatio­n on land you do not own, and you can therefore make the purchase of that land or property subject to getting the planning permission you want.there is obviously no point in doing this unless you enter a contract with the owner — if there is no deal, they can say thanks very much and sell it to someone else or do it themselves. But a ‘subject to planning’ arrangemen­t means they are legally obliged to sell to you if you get permission, and if you don’t you can walk away.

This means you can take the financial risk of making a planning applicatio­n, without the risk of being burdened with a land you don’t want if the planning applicatio­n fails.

Timescales: The reality of the planning process

If you intend to embark upon the exciting journey of trying to get planning permission, please remember one key fact — it will likely take longer (possibly much longer) and cost more, than you imagine. This is particular­ly true at the moment, as council’s struggle to deal with the pandemic spills over into all sorts of different arenas.

Major applicatio­ns, those for 10 or more houses (or on sites of more than 0.5 hectares) have a deadline of 13 weeks. Planning applicatio­ns for extensions and single houses have a target decision date of eight weeks, and sometimes they do meet this deadline, but very often it’s necessary to negotiate changes to your submitted plans, or to wait for the council to receive comments from the highways department or from drainage engineers.

In other words, this is all out of your control, which makes timetablin­g your build rather tricky. Before you have the permission for what you want to build, my advice is not to get tied into any fixed dates or building contracts. I would always encourage you to accept delays if they lead to a positive outcome — far better to get a slow approval than a quick refusal.

What’s next?

There’s a lot to consider when it comes to applicatio­ns of this type, so understand­ing the jargon of householde­r applicatio­n, PD rights, or full applicatio­n can help you start the process on the right foot.

Once you’ve chosen the right applicatio­n for the build project you want to undertake, it’s time to pull the submission together. The amount of detail you need will ultimately depend on the type of applicatio­n your making and the complexity of the project you’re looking to take on. Next month we’ll be looking at the step-by-step process of applying for planning permission and what to do next.

On a concluding note, obtaining planning approval isn’t usually the end of the process and doesn’t generally mean that you can start the build. Planning conditions – covering things like external materials, access or landscapin­g – will need to be approved by the local planning authority. If they aren’t then your planning permission could be invalid. For a self-builder, the Community Infrastruc­ture Levy might well come into play, too.

NEXT MONTH: Submitting a planning applicatio­n.what happens next?

Once you’ve chosen the right applicatio­n for your build project, it’s time to pull the submission together

 ??  ?? Merry and Ben Albirght submitted three pre-applicatio­ns and the third design is the house they live in now (pictured). But the whole process was not simple. In fact it was fraught with objectors who opposed to the house being built primarily on the grounds of flood risk, a saga that would last 12 months. Multiple flood risk assessment­s didn’t put the objectors at ease either. “Fortunatel­y there were no objections from statutory consultees and there were no grounds for refusal. The planning officer supported the applicatio­n but let the county planning committee have the final say,” explains Merry. “It was a split vote and it wasn’t until the next day that we learnt we had approval.”
Merry and Ben Albirght submitted three pre-applicatio­ns and the third design is the house they live in now (pictured). But the whole process was not simple. In fact it was fraught with objectors who opposed to the house being built primarily on the grounds of flood risk, a saga that would last 12 months. Multiple flood risk assessment­s didn’t put the objectors at ease either. “Fortunatel­y there were no objections from statutory consultees and there were no grounds for refusal. The planning officer supported the applicatio­n but let the county planning committee have the final say,” explains Merry. “It was a split vote and it wasn’t until the next day that we learnt we had approval.”
 ??  ?? This stunning house is a Para 55 (now known as Paragraph 79) build located in an area of outstandin­g natural beauty in the Cotswolds. Designed by Hawkes Architectu­re using passive solar building techniques, the design and plans went through pre-applicatio­n. It had the planning officer’s recommenda­tions approval and was approved by committee, passing on the first attempt.
This stunning house is a Para 55 (now known as Paragraph 79) build located in an area of outstandin­g natural beauty in the Cotswolds. Designed by Hawkes Architectu­re using passive solar building techniques, the design and plans went through pre-applicatio­n. It had the planning officer’s recommenda­tions approval and was approved by committee, passing on the first attempt.

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