Every new build and the majority of extensions will require planning permission from the relevant local authority (or National Park). The application of planning permission differs significantly from area to area due to differing local development plans, local interpretation of the regulations and the significant degree of subjectivity involved in the process. For example permission may depend on an appropriate design, which is of course an area very much open to debate!

Therefore while National planning guidance will give you an indication of whether you need planning permission or not and which minor works you can carry out without permission, it is essential that you contact your local planning authority as early in the process as possible to obtain local guidance and advice.

There are two levels of planning permission, and you will encounter building plots with either of these.

  • Outline Planning Permission
    Outline planning permission (OPP) is simply permission for the principle of development on a site, for example a 4 bed house. This means that the details of the size, dimensions, materials and access can be decided at a later date. If a plot is granted OPP, you will still need to make a supplementary application for full planning permission at a later date and no building work can be undertaken on OPP alone. OPP status is usually valid for three years at which point re-application will need to be made.

  • Detailed Planning Permission/Full Planning Permission
    Detailed planning permission (DPP) or full planning permission (FPP) outlines exactly what is going to be built including dimensions, room layouts and building materials. As soon as FPP is granted building work may commence. Sometimes conditions of approval will be attached and these must be complied with during the project. Detailed planning permission is valid for three years.

Pre-application advice

When considering a planning application it is useful to have pre-application advice from the relevant planning officer. Up until quite recently this was almost common practice with an invitation to the planning officer to visit the site or to arrange a meeting at the planning office armed with the relevant documents. Advice was then sought in general terms as to what was acceptable with a view to minimizing unnecessary design costs and inappropriate submissions. Increasingly planners are reluctant to provide this service citing pressure of work and under-resourcing as the reason. Some have even resorted to charging for this service while others are simply refusing point blank to discuss any application without detailed drawings. Central Government policy has been to encourage pre-application meeting to speed up the process and many local authorities have this as a statement of aim within their charters so it is worth checking. Whilst we would never advocate taking a confrontational stance with the planning authorities it is sometimes worthwhile reminding the planners of their obligations as public paid servants.

The Process

The process differs slightly depending on the Local Authority (LA), but largely it is as follow

  • Once the drawings are submitted, together with the statutory fee, the application is checked to see if it is correct in detail. If any mistakes are immediately identified, the application is usually returned for amendment.

  • If accepted it is entered on a statutory register. At this point an 8 week period begins in which the application should be considered. (Where an authority is unable to consider it within the 8 week period they will ask for an extension of time usually with the condition that if this is not granted they will refuse the application).

  • If the application is non-contentious it will usually be allocated to a planning officer for his recommendation. If it thought to be contentious it will go before the full planning committee.

  • A public consultation exercise will then take place, the extent of which will depend on the impact of the development and the type of area but it always include the immediate neighbours. This process normally last 3 weeks.

  • Following the public consultation the planning officer will assess the development against the Local Authorities policies and will either make a decision himself (delegated powers in non-contentious developments) or he will produce a recommendation for the committee.

You may also need to consider other regulations and consents including the following:

Conservation Areas (a conservation officer will normally be part of the process)
Listed Building Consent (for extensions or alterations)
Tree Protection Orders (TPO's)
Rights of Way (public access)
Protection of Wildlife
Archeology

Should your application be refused you will either need to resubmit an amended set of plans or appeal to the Office of the Deputy Prime Minister (ODPM). You can re-submit without any further payment for a period of 12 months.

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