The Basics of Planning Permission

What is planning permission?

In order to control development, any new building or extensive changes to an existing building normally requires planning permission.

Both National and local authority planning policy are the basis on which a decision to grant planning permission is made.

Works requiring planning permission

Planning permission is normally required for the creation of a new house or flat, either through new build or subdividing an existing home.

Planning permission may be required for larger extensions/outbuildings, for works in designated areas, or for works involving listed buildings.

Generally any improvements not classed as permitted development require planning permission.

Permitted development

Many smaller works to a house are classed as permitted development, an implied consent introduced to avoid overloading the system with planning applications.

PD rights are limited especially if many improvements to your home have already been made, or if you live in a designated area or in a listed building.

To confirm a proposal is permitted development not requiring planning permission, a lawful certificate application can be submitted.

The following house improvements are likely permitted development subject to certain limitations:

  • Internal alterations

  • Insertion of windows/doors/rooflights

  • Garage/basement/loft conversions

  • Single/double story rear extensions or single story side extensions

  • Outbuildings

  • Porches

  • Gates, walls and fences

  • Decking

  • Swimming pools

  • Dropped kerbs or hardstanding

  • Changing external wall or roofing finishes

  • Solar panels

  • Change of use to residential from certain other use classes

Planning application duration

Non-major planning or lawful certificate applications must be determined by a local authority within eight weeks of the registration date.

Part of this time is used for a 21 day public consultation process involving the posting of a sign outside the application address and writing to affected neighbours inviting comments.

Statutory consultations to other government departments must also be made where relevant.

Lawful certificate applications generally do not involve consultation unless prior approval is required for some more major proposals.

Planning application drawing requirements

Usually an application includes the following:

  • a standard application form with signed ownership certificate

  • a location plan drawing

  • a site plan drawing

  • plans/elevation drawings of existing and proposed

  • an application fee

Sometimes further documentation such as a design and access statement or specialist reports will be required.

Planning application fees

In England currently the application fees are £462 for the creation of a new house or flat, £206 for works to an existing house or flat, or £103 for proposed works to an existing house within permitted development rights.

How a planning application is decided

The following material considerations are the typical basis on which a local authority will make its decision:

  • Loss of privacy/light

  • Parking provision

  • Highway safety and traffic volumes

  • Noise and disturbance

  • Impact on listed conservation area or listed building

  • Layout and massing of building

  • Design, materials and appearance

  • Disabled access

  • Nature conservation

  • Previous planning decisions

Only objections based on material considerations from consulted neighbours and other government departments will be taken into account.

If the planning officer requires minor changes to the proposal during the application (excluding lawful certificate applications), they can request revisions to the drawings before a decision is made.

The planning officer will recommend approval using their delegated powers if there are no valid objections and the proposal conforms to planning policy.

If the application is called into a committee by a counsellor, or if there are many objections, then the decision will be made by the committee through a majority vote. The applicant or their agent is allowed three minutes to address the committee.

Altering the design after planning permission

Minor changes to the drawings after planning permission is granted can be made using a non-material amendment application. More significant changes to the drawings will require a fresh planning application, though this may be fee exempt (excluding lawful certificate applications) if made within 12 months and the development description or character is unchanged.

Planning application refusal recourse

On average three in four planning applications in England are granted permission. If an application is rejected, resubmission of a revised drawings or an appeal to the planning inspectorate are two options available. Two in five refused householder applications are allowed on appeal.

Planning permission expiry

Usually planning permission will expire unless a material start is made on the works within three years from the decision date.

Building without planning permission

If you have failed to get the relevant consent for your project, then it is unlawful, and the local authority can take action to have the work altered or demolished. A retrospective planning application can be made to rectify the situation and appealed if refused.

The time limits for enforcement action are: four years for operational development breaches (building/engineering/mining or other operations), or the change of use of a building to use as a single dwellinghouse, or the subdivision of a house to multiple flats/HMOs; and ten years for all other breaches (including unauthorised uses and the contravention of planning conditions).

It is a criminal offence to alter a listed building without prior permission which could lead to prosecution and fines.

David B