Navigating Planning
With ‘the biggest change to the planning system since it was created in 1947’ announced by the government recently, and some new pieces of legislation coming into force, we wanted to delve a bit deeper into planning. In part one of this series we will give a brief overview of the planning process, and what requires planning permission, and part two will cover the new government proposals and what they mean for communities.
What is the planning system?
Every local authority in the UK is responsible for deciding what gets developed. This can be anything from a new school or hospital to a new residential development or extension to an existing house. All of these projects would throw up their own challenges regarding how they respond to and impact the existing environment and it’s up to the local authority to work with the local community to navigate what ultimately gets built.
In January 2015 the Government released a plain English guide to explain how the planning system works using more accessible language. You can find that here.
What builds require planning permission?
Planning consent is only required in certain situations covering structural alterations, construction, groundworks rebuilding, most demolition, and the subdivision of a house for use as two or more separate houses.
What does a typical planning process look like?
If a planning application is required, the local planning authority is generally responsible for making a decision.
Once the local planning authority has received a planning application it will publicise the proposal - you may have seen these notices dotted around your local area. This is done so that the local community are given a chance to express their views. The formal consultation period will normally last for 21 day and during this period anyone who wishes to may put forward their comments (which should be relevant to the proposal and material in regards to its impact to the general community, not individuals) which are taken into account as the local planning authority makes a decision on the application.
If your project is complex, you can choose to first proceed with a pre-application process. This gives you and any architect or designer you’re working with the chance to sit down with the local planning officer to describe details of the proposal and work through any concerns before a formal application is submitted.
How long does it take to reach a decision?
A local planning authority usually has up to eight weeks to make a decision on minor applications (e.g. private residential improvements) and up to thirteen weeks for major development (e.g. new residential block or business units). When permission is granted a local authority can consider whether to put in place certain conditions or planning obligations attached to a planning decision that need to be adhered to once the development is built. This could be in regards to certain materials that need to be used or facilities that need to be in place.
In most cases, once planning permission is granted, the development must be started within three years, and if for whatever reason the work has not started by then, the applicant will probably need to reapply.
If planning consent is refused, you have some options. You can choose to accept the verdict, scrap the project and move on. You can adjust your design based on the feedback received and reapply, or you can go through an appeals process. An applicant has the right to appeal to the Secretary of State via the Planning Inspectorate if a local planning authority refuses to give planning permission, grants permission subject to conditions, or fails to deal with an application within statutory time limits. What you cannot do, however, is begin your build regardless.
What kind of work does not need planning approval?
We would always advise checking with your local council but generally you will not need approval if you are when you're planning a small extension, a single storey extension, loft or basement conversions, installation of solar panels or putting in new doors or windows. Subject to the complexity of the proposal these works can be completed with implied consent known as Permitted Development (PD). These rights are changed regularly (and have been changed extensively recently!) so it’s always best to check and be aware of what you can and cannot especially as rules vary in England, Wales, Northern Ireland and Scotland.
However, even if the works you need to carry out do not require planning consent, and are allowed under permitted development you may still need to apply for a license to alter from your freeholder (if applicable), enter into party wall agreements with your neighbours, or need to obtain certain approvals from building control. We always advise contacting an architect to help you navigate this.