Homebuilding & Renovating

Applying for planning

It’s time to pull your planning applicatio­n together and submit your proposal. But what happens once you’ve clicked submit? Planning consultant Ken Dijksman sets out the process step-by-step

-

The first part of this beginner’s guide to planning [in last month’s magazine] looked in detail at understand­ing the planning system and the different types of planning applicatio­ns. I explained how, before entering into the process, it’s vital to try and make sense of how it all works, as well as making sure the right applicatio­n is chosen that best suits your project.

Once you have chosen your designer, and have begun formulatin­g ideas as to how you want your extension or self-build to look and function, the next step is to work out what surveys you might need. This may include site surveys, ecology surveys and TPO surveys, for instance

— as well as specialist consultant­s you may need to bring on board. Once you’ve brought this all together you can look to submit your applicatio­n — but what happens next? Here, I outline what you can expect at each stage of the process.

Surveys and specialist­s

Before you submit your planning applicatio­n there are some detailed matters to attend to, namely forms, surveys and briefs to pull together.

1 A SITE SURVEY

At the outset you will need a measured survey of the existing site or property as the plans you submit need to be absolutely accurate and to scale.

2 THE DESIGN

I would strongly recommend avoiding trying to produce the plans yourself, unless you’re competent in computerai­ded design (CAD). On that note, in my experience, CAD drawings are essential and the use of hand-drawn plans alone should be avoided. So, I will assume you have found someone to design your extension or new home, and you’ve worked together

to come up with a design that you like, can afford, and that can be built.

3 SPECIALIST SURVEYS

Some surveys need to be done before you can submit an applicatio­n. For instance, you may need to provide technical evidence that you can satisfy foul and surface water drainage, and this may need onsite investigat­ions filtration tests prior to submission of the applicatio­n.you need to think whether any trees or protected species (such as bats) are affected.you may have to undertake a flood risk survey, too. So, you may need to employ specialist consultant­s to deal with these issues.

These consultant-led reports should be commission­ed at the outset, so the design of the house or extension take into account any of these technical matters. But there is no point in instructin­g people to provide a report in support of a scheme if it is contrary to their profession­al advice.

It perhaps should go without saying but you need to have a fully functionin­g site with safe access in and out and good visibility splays (sightlines). Because visibility splays are different in different locations, you need to talk to your architect and perhaps a highways consultant.

How much does a planning applicatio­n cost?

Making a planning applicatio­n is a risky business, and it becomes riskier the less you’re prepared to spend.this is because accurate survey drawings and correct technical informatio­n don’t come cheap, but they are a prerequisi­te to both getting permission and being able to build what you get permission for. Cutting corners might save you a few pounds on getting consent, but if it transpires there are errors which mean it can’t be built or developed this could be much more expensive longer term.

As well as the fee to pay for the applicatio­n itself, there are other costs to factor in. It’s difficult to quote numbers but your average specialist consultant’s report is normally a couple of thousand pounds, and planning drawings for a new house are unlikely to be less than £3,000 and can stretch to £10,000+ for a large new house.you are unlikely to make a planning applicatio­n for a single dwelling for less than £25,000. An applicatio­n for a modest domestic extension will be a lot less, around £2,000-£3,000.

What do I need to include in my applicatio­n?

The planning applicatio­n (for an extension or single house) is submitted online and will consist of: Applicatio­n forms.

Site plans: as existing and as proposed. Floorplans and elevations of the house, as existing and as proposed (this includes full drawings of any house you intend to demolish and replace).

Drainage informatio­n: in a town this may be very simple; in a rural area (in the absence of mains drains, for instance) you may need to demonstrat­e precisely and technicall­y how you will deal with foul water drainage on site.

Design & Access Statement (not usually required for householde­r applicatio­ns but can be useful in some instances): this explains the rationale behind the design and siting of the new house and it describes the policies that apply and how it complies with them.

POSSIBLE SUPPLEMENT­ARY INFORMATIO­N

Tree survey showing root protection zones

If you’re demolishin­g any buildings that may contain bats or removing trees and developing ground that may have ecological value you will likely need an ecological survey.

Community Infrastruc­ture Levy forms. CIL is a tax on each square metre of new developmen­t, it only kicks in if you build 100m² or more

of net additional floor area and it can generally be avoided on a new build if you obtain self-build exemption. This means filling in various forms and following the process to the letter; there is no flexibilit­y and no discretion. If you commence the developmen­t in any way prior to obtaining written confirmati­on of self-build exemption and prior to serving formal notice of your intention to commence developmen­t, this exemption will be lost.

What happens next?

Once you have gathered together all you need there will be a general order of events that follow... 1

THE SUBMISSION The applicatio­n is uploaded (usually by your architect or your planning agent) onto the Planning Portal.you pay the fee online and the applicatio­n is sent to your local planning authority — which is typically your local council, unitary authority or perhaps national park. At the moment, it’s likely to sit in a queue for a week or two because they’re extremely busy.

2 REGISTRATI­ON

The registrati­on team will then check your submission for errors – for instance, where architects fail to marry up windows in elevations and on floorplans – and they often spot them. If it’s all okay they issue a registrati­on letter which tells you the target determinat­ion date for the applicatio­n. The registrati­on letter usually includes the name of the case officer and their number and email address, too. If it’s not okay you’ll get an email explaining what correction­s or additional documents are needed. this is not a rejection of the applicatio­n as such, this is about procedure, so the solution is to supply those missing documents as soon as you can and the completed applicatio­n can then be registered, and allocated to a planning officer.

3 THE CONSULTATI­ON PERIOD

The first thing the local planning authority does is consult the parish or town council, immediate neighbours and various internal experts (relevant to the contents of your applicatio­n) such as the tree officer, the council ecologist, the highways officer, the drainage officer and possibly the conservati­on officer who will consider the Heritage Impact of what you’re proposing. This consultati­on period lasts 21 days, and usually red or yellow site notices are put up on the site to draw attention to the applicatio­n. It’s highly likely that some of these internal and external consultati­ons will not receive responses within that period. There is no point in getting hot under the collar about this, the case officer will not be in a position to make any judgments until those consultati­ons have been received — you just have to be patient.

It’s particular­ly important that there are no technical grounds for refusal of your applicatio­n because it may mean you have to withdraw and then resubmit with more informatio­n. As an example, you may have failed to provide adequate informatio­n about ecology, impact on trees, the provision of a safe access, or foul/surface water drainage provision. Some planning officers will allow you to extend the time period beyond the initial weeks to enable you to deal with concerns raised. This is called an ‘extension of time’ and I would always recommend agreeing to it — as it’s better to have a slow approval than a quick refusal.

4 NEGOTIATIO­NS

In the unlikely event that all the consultati­ons have been received once the 21-day period is over, the planning officer will then metaphoric­ally pick up the file and look at the scheme. I recommend you don’t harass them or hassle them for an immediate response, they are ridiculous­ly busy and yours of is one of many applicatio­ns in front of them. Planning officers are under a lot of implicit pressure to refuse things, it is a well-known principle in planning that no planning officer ever got into trouble for saying no.

If the case officer has any concerns about the height, the design and materials the siting, or whatever, my advice is work with them not against them. They hold pretty much all the cards and it’s better to get a planning approval for close to what you want than to be left with nothing. Once you have a permission you can then review the situation and perhaps decide to reapply and argue the toss about the issues you have compromise­d on.

5 THE DECISION

So you may have worked with your planning officer to ensure potential issues (such as overlookin­g or overshadow­ing

neighbouri­ng properties, or adjusting the position of the access to ensure it is safe) have been avoided; now comes the decision. Most small-scale applicatio­ns, including single houses, are determined under delegated powers. This means they do not go to a planning committee; rather, they are dealt with by the planning officers. Only if the planning officers want to approve something against the wishes of significan­t numbers of neighbours (or perhaps the parish or town council) will the applicatio­n end up being put to the planning committee.

Local authoritie­s have different rules for these procedures, but planning committees are made up of local councillor­s and they are therefore subject to political pressures that don’t tend to influence planning officers. This can be unhelpful if people are opposing your applicatio­n, or helpful if you have pals on the committee.

If your applicatio­n goes to a planning committee, you’ll normally have the opportunit­y to speak, and so too will those who object to your proposal. However, there is nothing stopping you talking to members of the planning committee in the weeks before the meeting and explaining your side of things. They won’t be interested in your personal circumstan­ces; this is about the planning impact your proposal, so things like overshadow­ing, overlookin­g, parking and design tend to feature heavily.

Quite a few applicatio­ns go to planning committee having been recommende­d for approval but are then refused by the committee for often political reasons. In these circumstan­ces it is often worth going back to negotiate an approval or if necessary, submitting a planning appeal, because the planning officers were convinced it was acceptable.

6 PLANNING CONDITIONS

If approved, the Planning Decision Notice will contain planning conditions that need to be dealt with before you can start developmen­t. These may require an agreement to be reached on the external materials used, or – a common one – further drainage details (even though they’ve already submitted them). It is vitally important that you do not start the developmen­t before dischargin­g the pre-commenceme­nt conditions and submitting the necessary informatio­n if the conditions state that no developmen­t shall commence until that informatio­n is agreed. If you start the developmen­t without clearing the pre-commenceme­nt conditions it will be unlawful which could lead to all sorts of problems further on down the line.

Submitting details to discharge conditions is another formal process which normally takes as long as the planning applicatio­n itself. So when you are discussing your applicatio­n with the case officer try and agree as many details

as possible during the considerat­ion of the applicatio­n to avoid the need for pre-commenceme­nt conditions. The planners are obliged to show you pre-commenceme­nt conditions for your agreement before issuing their decision so try and change those conditions to ones that need clearing prior to occupation, or prior to constructi­on above slab level. This will enable you to get on with your build in parallel with sorting out those details.

7 AND A REFUSAL?

If, despite your best efforts, the council are going to refuse your applicatio­n, it’s very important to remember that you can withdraw your applicatio­n at any point prior to the issuing of that refusal notice. My advice would be to keep in touch with the planning officer and request in writing that you are notified of the recommenda­tion before the decision is made. The last thing you want is a refusal landing unexpected­ly in your inbox. I would also generally advocate that you withdraw your applicatio­n rather than get a refusal. This will allow you to resubmit your applicatio­n once you’ve tried to deal with the planning officer’s concerns.

If the LPA’S objections are against the principal of the developmen­t you might need to go to appeal — this takes between nine months and a year. You will need profession­al planning advice to decide whether or not to appeal and if so, to do a proper job. The planning or technical advice you are looking for should provide you with an understand­ing of the likelihood of winning the appeal. In other words, you need to know just how contrary to policy your proposal is and how problemati­c technical issues might be.

As an example, there is no point in going to appeal if you have a blind and dangerous access which would be hazardous to additional traffic movements. Equally there is rarely any point in going to appeal if the land floods and you have no way of solving that problem.very often planning policies are quite black-andwhite, building a house in the middle of a field in the middle of nowhere is very unlikely to be successful however long you bang your head against a brick wall. On the other hand if a refusal is wholly subjective because the planning officer doesn’t like the style of your new home but it’s similar to ones in the vicinity it’s probably worth going to appeal.

 ??  ?? To comply with the planning policy of maintainin­g the building line of the surroundin­g houses this house, designed by Border Oak, had to be set to the very rear of the site – at its narrowest point. The modern houses next door were built much
higher and were tall, but the barn was single storey so the planners wanted the new house to bridge the difference. Border Oak solved this by having a two storey main building, stepping down to a single storey section next to the barn.
To comply with the planning policy of maintainin­g the building line of the surroundin­g houses this house, designed by Border Oak, had to be set to the very rear of the site – at its narrowest point. The modern houses next door were built much higher and were tall, but the barn was single storey so the planners wanted the new house to bridge the difference. Border Oak solved this by having a two storey main building, stepping down to a single storey section next to the barn.
 ??  ?? Designed by Rise Design Studio, the massing of this new build was a crucial element when it came to gaining approval, as founder Sean Ronnie Hill explains: “Inspired by traditiona­l Georgian façade design, massing of this family home was an important factor in gaining planning approval. As well as aesthetica­lly pleasing, we wanted the house to be nestled within the row of houses along the street, which has a very eclectic mix.”
Designed by Rise Design Studio, the massing of this new build was a crucial element when it came to gaining approval, as founder Sean Ronnie Hill explains: “Inspired by traditiona­l Georgian façade design, massing of this family home was an important factor in gaining planning approval. As well as aesthetica­lly pleasing, we wanted the house to be nestled within the row of houses along the street, which has a very eclectic mix.”

Newspapers in English

Newspapers from United Kingdom