Planning Permission, what is it and do I need it?
Achieving planning permission is not a simple task, navigating this world is a challenge. When factoring in all the other variables associated with your development, site specific requirements and development brief, a successful development requires good coordination with good planning, or it will fail somewhere along the line.
To help you on your journey, we have prepared a response to questions we are often asked as a guide. Feel free to contact us if the answer to your question is not here.
What is Planning Permission?
In a very brief summary, any property, structure, plot of land, use or operation (within a plot or structure) will be subject to consideration under the Town and Country Planning Act. Through this Act, it is determined whether or not consent is required to carry this out, this consent is called Planning Permission.
Where consent is required under the Act, you will need to approach your local authority’s Planning Department with a planning application detailing what you are seeking to do, this is a formal request for Planning Permission.
Where consent is required, please remember that this is a legal requirement, it is not optional.
How is the requirement for Planning Permission confirmed?
Legislation is set under the Town and Country Planning Act will confirm whether:
You require Planning Permission for your works (and need to submit a planning application) or
Your works can be carried out Lawfully without Planning Permission (it is recommended in this scenario that such works be certified however, you are not obligated to do so)
How is my planning application assessed, and who assesses it?
All planning applications are assessed by your local authority’s planning department, who have the power to grant planning permission.
Once an application is submitted to your local authority’s Planning Department, they will assess legislation set under the Town and Country Planning Act and also consider planning policies that are addressed under:
Local Plans and Design Guides issued by the Local Authority
Regional Plans (e.g. if you live in London - The Mayors London Plan)
Your local authority may have also published design guides on what they are seeking to maintain, retain, or achieve in developments either in localised areas or borough wide. Where these are in place, this may become a material consideration in your planning decision. These documents may be presented as:
Residential design guides
Commercial/shop front design guides
Urban design guides
Highway design guides
Conservation are appraisals and guides
Supplementary planning/design guides
So how do I know if I have planning permission?
A planning decision for planning permission is formally issued via a decision notice. Planning permission or planning consent is not confirmed via any other means. The decision issued by the local authority’s planning department will result in either:
an approval (subject to conditions) or
a refusal
What can I do if I do not obtain planning permission?
If you have received a refusal, please note that a decision by the planning department is not final. You will have the opportunity to take a decision to appeal via the Planning Inspectorate. This will need to be addressed within the timelines stipulated on the decision notice.
The Planning Inspectorate is an independent government body that is not linked to your local authority. They are intended to enable an isolated decision on your application and bring balance to this process. A decision by the Planning Inspectorate is final.
It is worth noting that appealing a planning refusal may not always be the best approach. It is worth reviewing the reasons for refusal and how the planning officer came to this conclusion, this can be done by obtaining a copy of the Planning Officers Report. Once this is reviewed, you may consider resubmitting your application with some alterations to enable your scheme to become policy compliant.
Do all developments require Planning Permission?
No, but all developments need to be considered under the Town and Country Planning Act.
A development that does not require planning permission is a development that may be considered ‘lawful’ under the General Permitted Development Order. This is part of the Town and Country Planning Act.
Such developments can only be formally confirmed lawful through the submission of a ‘Lawful Development Certificate.’ Though the law does not state that you must obtain one to carry out a development, no development can formally be deemed lawful without one.
Does Planning Permission and the Town and Country Planning Act apply to everyone in all areas in the UK?
The law applies to everyone.
You may be located in London. You may be local to us in Barnet or in any of the surrounding boroughs like Enfield, Haringey, Camden, Hertsmere, Westminster, Lambeth or beyond in Kent, Essex, Hampshire or as far as Truro. Wherever you are located across the UK, your obligations to address the requirements of the Town and Country Planning Act remain the same.
What is the National Planning Policy Framework (NPPF)?
A set of policies that outline the UK government's planning objectives at a high level. The NPPF is used by local authorities to prepare the own Local Plans and is considered when making planning decisions.
The NPPF is intended to make the planning process more accessible and less complex. Policies set under the NPPF seek to address a vast number of topics with a focus on protecting the environment and promoting sustainable growth.
What is a Local Plan?
Local Plans are prepared by your local authority to provide a guide/direction on future development, identify local needs and areas for targeted development opportunity.
Local Plans typically address housing, employment, retail and commercial scheme. In addition to identifying areas to be developed, they can also address areas where development is to be restricted.
Ok so I think I need planning permission, where do I begin?
Start you journey by hiring the right consultant/professional to guide you on what you need to do.
It is critical to work with a professional that can listen to your requirements, prepare a scheme that addresses your needs and your site-specific challenges that suitably address the legislation set under law.
Who can help with planning permission?
The law does not dictate the required credentials of any person that submits a planning application, an application can therefore be submitted by anyone. The law focusses on the suitability and compliance of all content that forms a submission for development.
Where can I go to get the advice I need?
The preparation of a scheme for a planning application can come from a range of professionals that may be:
An Architect, architectural designer or architectural technologist
Any of the three can be suitably experienced to address your planning application. When considering who to select for your professional consultant, we recommend that you seek the following:
A demonstratable understanding of the planning process.
Proven experience in preparing schemes that address planning requirements.
If possible/relevant, experience with your local planning authority.
A clear understanding of your development and site-specific requirements
Experience is key here however, your development will not just be about Planning Permission. Your chosen profession will also need address your development aspirations and needs. When considering this, you will need to consider if you are looking for a professional that can just get planning permission, or one that will take you through all the work stages to handover of the built development.
Smaller householder developments are often undertaken by individuals, new or small practices with lesser experience in field of planning permission. There is nothing wrong with this and it is often the choice for people that are looking for a cheaper service. When approaching such individuals or companies, please bear in mind that the scope and level of service may differ to the that from a more experienced individual or practice. It is critical in any event that you understand the scope and level of service you are being offered before comparing quotes.
A Planning Consultant
A planning consultant is typically trained in understanding planning law and the manner in which it can be implemented, planning consultants can be used in one of two ways:
As the lead designer that prepares plans for your planning application. This however is very uncommon and unlikely for a traditional Planning Consultant, as Planning Consultants are not trained in design.
As a consultant to your design team to assist and guide on matters relating to planning law and planning policy specific matters.
In our opinion, a professional planning consultant is used as part of the design team. Your scheme from inception will need to address a vast range of requirements alongside planning policy compliance considerations that will typically be outside the skill set of a traditional planning consultant. Successful planning applications are designed by people, companies or design teams that are able to also address the following:
A project brief that may still be in development
A design to address your development aspirations
A critical design point/density/provision to address development and financial viability
Spatial requirements
Regulatory requirements attached to the proposed use
Budgetary limitations
Structural challenges
Lifestyle or commercial considerations specific or evolved through the development/design brief
Any other statutory requirement
A good planning consultant will typically take on a development and select a local architect, architectural designer of technologist to lead the design team.
A Local Building Company that includes planning services
This can come in the form or either:
A contractor that undertakes ‘Design and Build’ contracts, with the design element either in house or with a partnered/associated company.
A contractor who can point you in the direction of someone/a company that they have worked with that has done well for them before.
Success can be achieved with varying degrees under either of these paths. If you find yourself in this position, do your research and seek clarity from the individual or company that is providing the design services as you would from any of the professionals listed above.
A good contractor can be a very useful guide, working alongside one at design stage may also enable you to address affordability at design stage however, we would recommend that you be cautious on this approach as:
The architect, architectural designer, technologist or consultant that is preparing the design needs to address your development aspirations and needs without being negatively influenced by the contractor. (positive influence may be achieved where the builder is appointed to either dictate or override design decisions to achieve a development budget).
Choosing a builder in this manner will remove the opportunity for addressing your scheme under a competitive tender once planning permission is achieved.
This route can work well but is not suitable for everyone. The construction industry is ever-changing and there is a great benefit for some small householder developments to work this way, as it locks in a price in early with a contractor and clients have a far clearer picture of their potential costs before commencing design works.
This route is not just limited to householder developments, contractors often incorporate the services of a local practice when taking on larger or commercial developments that require design and construction services to support the main contractor. For such schemes, this can be in the form of a service that addresses designs from inception or under a JCT (or any other form of contract) that has specified ‘Contractor Design Portions’ CDP.
My builder has told me that what I want to do is lawful, why do I need to hire a professional?
An experienced, professional and morally conscious builder will not (in our opinion) say this.
We have seen this several times. We recommend that you do not make any decision on your developments planning requirements based on the advice given by a builder. Such a position can only be legally confirmed via a lawful development certificate.
I keep on hearing about changes being made to the planning system that will make it easier to get planning permission, what does this mean for me?
Navigating the field of Planning Permission is not easy. With the on-going updates to planning legislation, the government are at times misunderstood for simplifying the planning process. Where new planning routes are being introduced to encourage development, what is rarely being mentioned is the associated convoluted eligibility and validation criteria are set that for these new routes.
There is a reason why you will never hear an experienced developer say that the getting planning permission is becoming easy.
There are a number of concerns with the stage of our planning system that are being actively discussed, this is something we will address further in other future blogs.
I want a modern build/extension/development with a creative design that is going to be unique to my requirements/my site. I need to be inspired and do not want what everyone else is doing. I know that what I want will be different to what people are getting planning permission for. Where do I go for this and how do I know if I can afford it? Am I really going to get planning permission for this?
So far, we have been talking about the ability to achieve planning permission, this however is not the only factor you need to consider when selecting the right professional. We have addressed this further in our blog ‘Where do I start’ and it will be the subject of many future blogs.
Our advice is simply to find the right professional that:
Truly understands the planning process and what to do.
Is capable of listening to your development requirements and present ways to address them.
Can take on your requirements and develop your project brief.
Has a demonstratable ability to deliver what you are after.
Is focussed, engaged and enthusiastic about what you are trying to achieve.
Is organised, experienced and capable of addressing your development through all the work stages from inception to handover of the built development.
Is someone/a company that you feel compatible and comfortable with.
A successful development is not just about getting Planning Permission. The proposed scheme will need to address your spatial requirements, budgetary limitations, regulatory requirements and your desired living environment to name just a few of the things that need to be factored in and coordinated along the design development journey.
If you are a developer, creativity is not just limited to how a scheme looks but also about how many units can be achieved and its buildability.
My planning application has been submitted, what happens next?
An application does not go live until it is validated. National guidelines stipulate that planning departments have a statutory timeframe of 2 weeks to validate an application.
When a planning application is submitted, the suitability of all content forming the submission is addressed by the local authority’s planning department. All documents forming the planning submission will be assessed against the National Standards for Validation.
If an application fails to meet the minimum validation requirements, the local authority’s validations department will write to you outlining what is missing. You will be given the opportunity to provide the missing information within a stipulated timeframe.
An application will not be validated until all require documents to achieve the minimum criteria for validation have been submitted.
My application has now been validated, what happens next?
A planning officer will be assigned to your case. The planning officer may reach out to you with queries or to book a site visit.
As part of the planning process, the planning officer will notify your surrounding neighbours of the proposed development, to alert them to the proposed works and invite them to comment. They may decide not to respond or may respond with comments of support or objection. Any response received will be considered by the planning officer. If more that 3-5 objections are received (this varies with planning departments), the planning officer may decide to take the final decision on your application to a planning committee.
A public consultation is a requirement for full planning applications and applications for Prior Notifications. A public consultation is not required on an application for a lawful development certificate. The manner in which a lawful development certificate is determined is quite different.
Once validated, a typical planning application will need to be determined within the statutory timeframes set under the Act, which is typically 8 weeks. Larger schemes can go up to 12 weeks. This timeframe for determination (or target determination date) is normally identified in the validation letter that is issued to the agent. This information can also be checked online via the local authority’s planning page, which is a formal record of for planning decisions.
I have received a lot of complaints and objections about my proposal during the public consultation, what does this mean?
It is not uncommon to receive complaints and objections, the public have a right to express how they feel about your development.
When a neighbour receives a notification of an application from the planning department, they may not really understand what is going on. To avoid confusion, we always recommend speaking to your neighbours before an application goes in. This can be a testing time for some neighbouring friendships. Some neighbours will tell you what they like or dislike, some neighbours may be too shy to be honest with you on how they feel. For many people this will be the first time they have been in this situation. You may receive a positive response when approaching your neighbour directly, this may change weeks later into a world changing negative response when the planning department writes to them inviting them to respond.
Complaints can be raised on anything and for some people this can be taken quite personally. If you find yourself in this situation, our first response will be to ask you to take a step back and not take this personally. Even if your neighbour had assured you that they would not object, if they did it is not the end of the world. Your neighbour has the right to say whatever they want however, the Act (and the manner in which an application is determined) will not give significant weight to anything unless it is a material consideration under the Act that your scheme has failed to satisfy or address. This is where working with an experienced company comes into play.
A good submission prepared by an experienced company or individual will:
Directly address policy compliance in its proposal.
Anticipate the concerns that the public may raise and address them in the submitted Planning Statement.
What is of critical importance is for your submission to directly address planning policy compliance and demonstrate how it can be implemented with no detrimental impact to the immediate setting.
Planning decisions are made on how planning policy is addressed and complied with, not how upset your neighbours are.
I have received planning consent that has pre-commencement conditions, what does this mean?
Some larger schemes or new builds may be approved with matters that are reserved under a condition, this is very normal.
Please note that a planning condition may be:
Passive, this type of condition does not require any further submissions and is set as a condition that must be implemented as part of the works.
Pre-commencement, requiring additional supplementary information to be submitted and agreed prior to the commencement of any works. It is critical that type of condition be addressed prior to the commencement of any building works, as this may impact matters that influence material considerations of the development. This could be focussed on external finishes, a flood risk (SuDS) report, or contamination report. Please note that a planning department is required to confirm any pre-commencement condition with you/your agent prior to making a planning decision.
Pre-occupation, requiring additional supplementary information that has been agreed in principle but requires finer detailing. Pre-occupation conditions must be submitted and approved by the planning department prior to occupation. Such details may be over the arrangement for bicycle parking, refuse storage, confirmation of sound testing compliance (Part E), details of finishes for soft landscaping and boundary treatments.
Planning conditions are addressed via an application to vary or discharge a planning condition. They cannot be addressed through any other means. Failure to discharge a planning condition will result in your planning consent becoming void, this may expose the development to enforcement action.
I have received planning permission but want to make changes to the scheme, what can I do?
Any approved scheme can be altered with minor alterations, though the scope of change will be considered by the planning department. If you are seeking to make a scheme significantly larger (in size or more floors) or denser (in units etc), this may require a new submission. If you have a minor amendment that does not alter the description of the approved works, this may be addressed under an application to vary a planning consent/planning condition.
In any event, where changes are to be made, we recommend that you apply to amend the consent or to obtain a new planning consent.
What happens if I decide to carry out my development without planning permission, or decide to build bigger or differently to what I have approval for?
A planning decision will detail the drawings that have been approved for consent. If you fail to adhere to the scheme that is detailed in the approved drawings, you will not have planning consent for what you have built.
You may decide to slightly vary an approval by shifting a window or making a door slightly larger. Be it that the planning department will view this as a very minor alteration that may be within the scope of the consent, planning consent can only be given in what is detailed in the approved drawings. An application to vary the approval will comfortably update your consent in this situation.
It is worth noting that alterations may be viewed differently on schemes involving Lawful development, as this is often focussed on the requirements of the General Permitted Development order that focusses on the size and mass of a proposed development, minor alterations to window positions and doors may not be critical in this situation. In any event, where you are seeking to make a change or are in doubt, you should seek confirmation via an application to vary your planning consent.
If you decide to build without making any planning submission, you have decided to build something that is illegal. You will run the risk of receiving a notice from Planning Enforcement. We do not recommend ever taking this route.
If for whatever reason you find yourself in receipt of an enforcement letter or notice, our future blogs may be of assistance.
Note from the author.
Getting planning permission can be a stressful time for anyone, when it goes wrong the outcome can be costly in time and money.
It is very important that you chose to work with a company that has the ability to not only address your spatial needs, design aspirations and planning requirements, but also one that can address your developments financial viability and buildability. At MSK Design, we have integrated this approach into Our Process to ensure that our clients are suitably informed every step of the way.
We have seen many people led down the path of obtaining planning consent for simple oversized extensions, or houses that lack real character and lifestyle leading to what we consider to be a false sense of achievement when planning consent is achieved. The ability to design space well is in my opinion an art. Anyone can draw lines on a sheet and call it an extension or a house, but not anyone can do this in a manner that will address your emerging lifestyle needs that result in a home that you really want to live in, grow up and raise a family in and celebrate in!
Consider this, when preparing schemes or plans – if they are not prepared with fit-out items and furniture they are (in our opinion) not working on a human scale. They are not presenting what you are seeking to achieve or to do in the space. We have also seen this from many companies that care less about design and more about their planning record. Without this consideration on your plans, you will not know if the space is being designed to your spatial requirements.
Primarily, it is of fundamental importance that your development buildability and financial viability be considered at the planning stage, not after. If you are working with a company or individual that is not taking your development through all the work stages (to handover) and/or is not addressing development buildability and financial viability, you will not know if you can afford to build what is being designed.
Failing to plan your development properly may result in being left in a position where you have spent the past 6-12 months designing a scheme, costing thousands of pounds to create something that you cannot afford to build.
At MSK Design we do not just focus on getting planning permission, we also focus on getting the right planning permission for our clients. For developers, we push the boundaries of planning policy to maximise development potential. For residential clients, we deliver schemes that directly address our clients development aspirations.
If you are seeking for advice on what to do with your development, or have a query where you need an honest opinion on, contact us to see how MSK Design can help you.