Planning permission

The essence of the current system is that there are 2 types of planning permission:

• outline planning permission, which establishes a planning permission effectively ‘in principle’ and in accordance with the local plan, for example; and
• full planning permission, which is granted prior to development taking place.

Outline planning permission is particularly appropriate where a landowner wishes to establish the principle that development was feasible. This should add value to the land. A developer could then explore the detailed development options under the (more expensive to obtain) full permission route, taking account of the developer’s house style, tailoring the scheme to their own ideas and so on, rather than being committed to a pre-existing planning permission.

An application can be made for full planning permission without any need to obtain outline permission first. Full planning permission allows the local authority to look in more detail at issues such as ridge heights, overlooking, materials, plot sizes and a host of other variables which might need considerable fine tuning before the site is approved for development.

Permitted development Some works do not require full-blown planning permission and instead fall within the category known as 'permitted development' under the General Development Order (GDO), which permits certain classes of work and effectively considers them to have an automatic grant of planning permission. Filling in the a domestic garage and converting it to residential use, is an example that springs to mind. In the past, some homeowners have assumed that small extensions and internal alterations did not require planning permission, but this may not have been the case. It is worth confirming in writing what is and isn't considered permitted developement with the local authority. As a professional adviser, make sure that your clients are aware of their obligations. See the government circular: Guidance on Changes to the Development Control System 08/2005.

Preliminary enquiries

Whether you are an applicant and their agent, or a planning officer assessing an application, your first point of reference will be the Local Plan. This interprets the County Council’s Strategic Development Plan at a local level. Both the Strategic Development Plan, and the Local Plan are reviewed every few years; with additional monitoring by central government to ensure that these Plans fall into line with national-level policies as well as local community needs.

Among other things the Local Plan will establish the Settlement Boundary – a line around the developed area of a town, city or village. There would be a tendency to presume any new development should only take place within this boundary unless an exception case can be proven. For example, a Registered Social Landlord (RSL) could demonstrate a rural housing need, thus releasing a site that would not otherwise be developed.

Having checked the Local Plan, your second point of reference is the relevant local planning officer, who will look at the development viability in more detail.

By and large, planning officers are quite amenable to 'pre-application consultations', although they are under as much pressure of time and deadlines as anyone else, so some local authorities charge for such consultation meetings (although householders are often exempt from payment).

If you are acting for an RSL you may find it helpful to arrange a consultation with the planners via the Local Housing Needs Officer, and get them to run the meeting with a view to determining if the proposal will meet the target occupiers as assessed by the Local Authority Housing Needs Department.

Key considerations

Density

A simple residential extension this is likely to be a comparatively straightforward matter. But density will definitely be an issue if you are looking at a redevelopment opportunity (from building a single new house in an existing garden plot to a much larger scheme). The Local Plan will certainly have something to say about this, but so may national planning policy and the local authority should have a stated view on how they are interpreted.

Issues such as sustainable development and affordable housing will also come into play here. Section 106 of the Town and Country Planning Act 1990 allows the local authority to require a developer to contribute a proportion of the new housing as affordable social housing units, so it is essential to check on local requirements, as this can affect the viability of the project.

Change of use

Conversion of shops to flats is perhaps one of the most commonly encountered issues. Planning officers may be resistant to creating a 'missing tooth' effect caused by the blank frontages in an otherwise established retail position.

On the other hand, in a fairly commercial location there may be impetus for redevelopment and reuse of existing (though redundant) buildings, so negotiation with the planners is always worthwhile. Evidence such as a report from a local commercial estate agent proving lack of commercial viability or perhaps the previous marketing history (unsuccessful) for a site may also help release sites for development.

Conservation area

Unauthorised works to a listed building constitute a criminal offence, so early consultation with the listed buildings officer is useful. If you are unsure, do not take the client's word for it that the structure is not listed – check by telephone and follow it up in writing.

There are circumstances where the work might not constitute an offence where proceedings would be enforced (essentially where works are carried out in an emergency to preserve the building). This is rarely an acceptable excuse unless the structure is at risk of imminent and unforeseen collapse!

Conservation area status can also impact on the style or implementation of works, and while it is less proscriptive than a formal listing, it will influence the way in which refurbishment or new works are carried out to make them sympathetic to the tone of the designated conservation area boundaries.

How the system works

Planning application forms can usually be downloaded from the local authority’s website, or hard copies requested by post, together with a schedule to help you calculate the local authority's fees (usually based on the predicted cost of the project or the number of new dwellings).

You should:

• Send 4 copies of the forms, and of all relevant plans and specifications required by the local authority. Include a declaration affirming ownership of the land or that the owner has otherwise been informed of the impending planning application.
• Ensure a receipt is obtained as soon as the application is deposited. (Some local authorities have been criticised by the National Audit Office for only registering the application when it has been examined – up to several weeks after it has been deposited.)

The Planning Commitee

Smaller schemes (typically alterations and extensions) are generally dealt with as a 'delegated matter'; that is, the planning officer is given the discretion to make a decision on behalf of the council. If the scheme is a small one, the usual process period for determination of the application is 8 weeks.

If objections are received when the application is notified, the committee (elected members) must then consider it.

Larger schemes are generally given more extensive consultation, e.g. with the Highways Department or with service providers, and normally run to a 13-week decision process.

If any objections are received or the proposal is a larger one it will go before the Planning Committee for review. The committee, made up of local ward councillors, usually sits monthly.

The planning officer will have advised the committee on the merits of the scheme in accordance with the local planning policy. The committee then decides whether to approve or reject the application, and if approved whether and what conditions or restrictions should apply.

Minor changes to plans

Sometimes it is necessary to make relatively small changes after a planning application has been approved. Common reasons for changes include poor boundary and title checks, or inadequate enquiries about existing services culminating in a mains sewer or gas pipe being located beneath the proposed development.

Any such changes must be minor in character and not affect the essence of the scheme. In this instance a written application for a minor amendment can be made. There is sometimes a (comparatively) small fee required.

Appeals

Rejections are not uncommon, especially where objections have been received. If there are elements of the proposal that are contentious, the planning department may enter into a dialogue with the applicant or their agent, and this can provide the opportunity to withdraw, or amend and resubmit a scheme at no extra fee cost.

The appeal process could easily take another 6 months and an amended application to the local authority run in tandem might be cheaper if the development programme is pressing.

Attend the planning meeting Sometimes the councillors can reject for reasons which may be more political than related to planning policy (although in theory, this should not occur). So it is worth attending the committee meeting. If it becomes apparent that the rejection is not on planning grounds (or at least only ostensibly so), you may have good grounds for appeal (which is a free application, apart from any adviser’s costs, of course).

Planning conditions

Often the grant of planning permission is accompanied by a range of planning conditions. These might relate to landscaping issues, approval of building materials prior to construction, or any other related matters which perhaps have not been specified in the application, or where control measures are deemed particularly important by the local authority.

Recent case law emphasises that where the planning permission states these must be resolved before development takes place then they must. Failure to do so could void the planning permission entirely, and local authority enforcement action would be successful. Implications for delay and cost might be considerable.

Developers often press on regardless and resolve the conditions as works progress but case law demonstrates that this approach risks far more than just progress on site – it is the viability of the whole scheme and any value attributed to it.

If you are acting in any project management role or as agent, ensure that the client and all interested parties are aware that the conditions need to be resolved first.

If the local authority is slow in responding to these issues, then project progress can be significantly impeded – so the earliest resolution and chasing down is required.