From the outside, the planning system can appear to be highly complicated and confusing to navigate. Its purpose is to manage the development of land and buildings so that it comes forward in a way that is sustainable, meeting the Government’s economic, social and environmental objectives set out in the National Planning Policy Framework (NPPF). The NPPF is the overarching planning policy document that is applied nationally and applies to all applications for planning permission.
Planning permission may be required if the work being carried out meets the definition of ‘development’ set out in The Town and Country Planning Act, and includes:
- Building operations (e.g. structural alterations, construction, rebuilding, most demolition)
- Material changes of use of land and buildings
- Engineering operations
- Mining operations
- Other operations normally undertaken by a person carrying on a business as a builder
- Subdivision of a building (including any part of it) used as a dwellinghouse for use as 2 or more separated dwellings.
Certain work does not amount to development and so does not require planning permission. This includes:
- Interior alterations (except mezzanine floors which increase the floorspace of retail premises by more than 200 square metres)
- Building operations which do not materially affect the external appearance of a building
- A change in the primary use of land or buildings, where the before and after use falls within the same use class
To submit an application for planning permission, certain information will be required which varies between each local authority and the type of development proposed. The documents required to support the planning application will be set out in the local planning authority’s local validation requirements and the Government’s national validation requirements.
Once validated, the local planning authority will have 56 days to determine minor applications and 91 days to determine major planning applications. Planning applications will be assigned a Planning Officer by the local planning authority who will assess the application against local and national planning policies, as well as the benefits and harm that the development may cause. They will also consider all public responses and responses from both statutory and non-statutory consultees. In most cases, the local planning authority will then issue a Decision Notice stating whether planning permission is granted or refused. In other cases, the application may go to the Planning Committee to determine the application.
Other works that meet the definition of ‘development’ may not need full planning permission. These types of development are set out in The Town and Country Planning (General Permitted Development) (England) Order 2015. Some of this development can be carried out without any form of consent so long as they meet the requirements, whereas others may need the approval of an application for Prior Approval before works can commence. For development where Prior Approval is not required, it may be valuable gaining a Certificate of Lawful Development to have confirmation from the local planning authority that the works are lawful.
When certain applications (including for planning permission) are approved, conditions might be attached to the permission requiring further information at different stages of the development. This includes, but is not limited to, prior to commencement of the works, prior to occupation / first use, or within any other timeframe. This information must be submitted to and be approved by the local planning authority through a discharge of condition application.
Where certain applications are refused that you think go against the local planning authority’s development plan or planning policies, are not determined within the time limit, or include conditions on an approval which you do not agree with, an appeal can be submitted. The aim of an appeal is to overturn the previous decision(s) made by the local authority to provide a more beneficial outcome. Appeals should only be submitted in specific circumstances where there is a good chance of a successful overturn.
It is vital to understand whether your development requires some form of consent, and that this consent is obtained prior to commencing works. If the correct consent is not acquired, the local planning authority’s planning enforcement team may contact you regarding the works. Depending on the breach, you may be asked to submit a planning application or may be required to remove all works that have commenced and return the site to its original condition. Planning permission can be obtained retrospectively however it is a serious risk to develop without the necessary consent.
If you are at all unsure about whether any of your works require planning permission or any other consent, Squires Planning would be more than happy to discuss this and offer any advice where possible. We have experience with all types of applications identified above, as well as others not mentioned in this news update, and can also offer support with enforcement cases and appeals.
