11 common planning questions answered
By understanding the basics, and doing your research rather than resorting to guesswork, you can easily avoid the most common planning pitfalls, says planning consultant Simon Rix
Watching some of the popular TV shows on housebuilding, you’d think all the drama was in dealing with builders and the weather. In truth, none of that work can start until you get planning permission so the planning application stage is at least as important, and often more interesting than what comes later, but it’s usually less understood. That is probably why I spend my time helping clients make better planning application-related decisions.
If that notorious Handforth Parish Council meeting that went viral last year is anything to go by, a planning applications TV show could be at least as informative and dramatic as any other housebuilding-related programme. But until that gets made, hopefully this article will inform you by answering some of the key questions I get asked in my job. And it may help you to avoid some of the real-life planning application dramas some people suffer from.
1 In which cases do you not need to obtain full planning permission?
There are some situations when you don’t need to apply for full planning permission, because the building works or the change of use concerned is deemed to have already been granted planning consent by national rules. These are called Permitted Development (PD) rights. What’s covered changes regularly, so it’s worth checking out the latest version of the Town and Country Planning (General Permitted Development) (England) Order 2015 to see the most recent amends.
But beware, even if you are convinced that what you want to do is a PD you might still be required to give prior notice to a council to get their formal agreement that what you’re doing is a Permitted Development. This is less onerous than a full planning application, but you still need to get certain documents produced and submitted.
Also, some parts of the country will not be covered by certain PD rights, including conservation areas, areas of outstanding natural beauty, national parks, the Broads and World Heritage Sites. Additionally, some local councils have removed them from parts of their areas.
2 How can I make sure my home design gets planning consent?
Most people are aware that building in a conservation area requires special consideration with regards to the design of the property, but whether it’s in a conservation area or not, how your new home looks and how it fits in with the look of the existing buildings in the area is important, too.
Generally, you are not required to blindly copy what is already there, but providing even small nods to the established character of an area with one or two matching details or materials in your design is often a good idea. You’ll probably want professional help, but a good place to start will be any housing design guideline document published by your local council.
3 Is it really easier to get planning consent if my local council is not meeting its housing supply targets?
Yes. Even though national planning policies limit where new houses can be built, most local councils impose their own additional restrictions that limit new homes to an even greater extent.
Dozens of councils are not giving planning permission for enough homes, so their own extra-restrictive local planning policies are no longer valid. The national policies are thus the ones that any new planning applications will be judged against in those areas.
4 Does it matter if my neighbours object to my planning application?
Planning decisions are not made on the basis of some kind of local popularity contest, they are made on the basis of planning policies. Occasionally, comments from neighbours are relevant to those planning policies, but it’s rare. They are more often incoherent, extended rants, fuelled by anger or jealousy and are given little or no weight by the council’s planning department.
But even irrelevant or factually incorrect neighbour objections can sometimes have an impact on the consultative deliberations of town or parish councils because part-time town or parish councillors are rarely experts in planning policies. So if you do receive an objection to your planning application, no matter how off-beam it appears, you should rebut it by calmly pointing out the true facts and highlighting why your application does comply with the local planning policy.
5 What do I need to do about biodiversity and wildlife protection?
Biodiversity loss is caused by a variety of things including intensive agriculture; overconsumption and production of waste; climate change; non-native invasive species; and land-use changes. As well as wildlife, it also has implications for humanity, as we all depend on a healthy natural environment for our survival.
Local planning authorities are required to have planning policies to support biodiversity and for many major or larger projects this means a requirement to increase biodiversity on their sites by 10%. There are no or fewer requirements for minor or smaller projects but you still may choose to do more than you are legally required to do, such as install greenroofs, use bat bricks, or provide insect hotels.
6 If I don’t get the consent I want, what should I do next?
If you’ve had a refusal or a condition imposed that you think is unfair, sometimes an appeal is the best course of action. While there are no submission fees involved, there will be the planning consultant’s costs for researching and preparing your case and liaising with the national Planning Inspectorate, who decide on planning appeals. This process can often take six months, so it might be that a relatively small change to the details via a resubmission would result in the decision you want, and prove quicker. This should take about two months.
7 Are there any unusual routes to getting planning permission for a new home?
Planning permission for new homes is mostly granted to specific new-housing zones, but there are other policy routes to getting consent. If you spot a plot that might work, it’s worth getting a planning consultant to give you an appraisal before you move forward, but things to look out for first include spaces between other houses, and gardens of an existing property, though these cannot be in “built-up” areas. You might be surprised what can count as a garden — for example, you may own what looks like an agricultural field next to your garden, but if you can demonstrate that you have used the field for “garden type” activities, such as bonfires, parties or football, then you might have a good chance of confirming it as a garden and getting permission for a new house there.
8 What’s the difference between a local plan and a neighbourhood plan?
A local plan is a set of planning policy documents adopted by a local planning authority, usually a district or borough council. They are usually more restrictive than national planning policies. Every area should be covered by a local plan.
A neighbourhood plan covers a smaller area, such as a town or parish. It’s likely to be even more restrictive than a local plan. Not every area is covered by a neighbourhood plan, partly because these need to be proposed by parish/town councillors and approved in a local referendum.
9 Will the national planning system changes being talked about prevent me getting planning permission?
The details of the big changes to the planning system proposed last year by the government are currently unclear but they probably won’t come into force until at least 2023, so get your planning application in now if you want to avoid the uncertainty.
Changes to national planning policies that have already happened include an update to the National Planning Policy Framework document, which includes making beauty a strategic objective, an expectation that new streets are tree-lined, with more focus on biodiversity and access to nature, and an emphasis on granting planning permission for well-designed development and refusing permission for poor-quality schemes.
Local planning policies are regularly changed, so with all these updates in mind, it’s always best to speak to a planning consultant to see how your plans might fit in with the latest requirements.
ECO CREDENTIALS
This three-bed Victorian terrace is in a conservation area where there are restrictions on what development is acceptable. Designed by Whittaker Parsons, the house was extended to the side and has a mansard roof extension (one of the first permitted within the area), thermally upgraded and remodelled.
10 Do I need a flood-risk assessment for my planning application?
You may need to conduct or commission a flood-risk assessment as part of a planning application. There are three flood zones that cover risks from river or sea flooding, going from 1 (the lowest) to 3 (the highest). A planning consultant can help you find out what flood zone your development is in.
The four main situations when you will need a flood-risk assessment are if your development is either in flood zone 2 or 3; or if it’s more than 1 hectare in size (even if it’s in flood zone 1); or if it involves a change of use to a more vulnerable class (such as from commercial to residential) where it could be affected by surface water drains, reservoirs and so on; or if it has critical drainage problems as notified by the Environment Agency.
If your proposal is covered by any of the four situations above, a written flood risk assessment is needed. Normally, a flood risk specialist will need to be hired to carry out a flood risk assessment, but it may be possible to do it yourself if it’s for a simple, low-risk development, for example a house extension.
11 At what stage should I get a planning consultant involved?
Knowing I’m a planning consultant, you might fully expect me to say you should contact someone like me at the start of the process, and yes that’s exactly the course of action I’d advise you to take. This is not out of self-interest, however. I get a lot of work from people who have failed to do this, made mistakes and then who have come to me to help rescue their situation. The best way to get a planning application refused is by guessing what to do. Some people repeat this mistake again and again. If you get expert advice from a planning consultant early on, even before finding a plot, then you can make informed decisions, save time, spend less money and get the result you want. We can help with plot finding, negotiation tactics for buying, and building design optimisation, as well as the application preparation, submission and advocacy that you’d expect.