When To Get Planning Permission

Why do I need planning permission?

Whether you need planning permission will depend upon what it is that you want to do. Not every form of development requires planning permission. There are certain things, particularly small extensions to domestic housing that are allowed. There are devices called permitted development rights, so that not everything is required to get planning permission and having to go through that statutory process. However, if you're promoting anything that is substantial, such as a development that might affect neighbors or that might affect changes in traffic generation, or those types of issues, then you are going to need to get planning permission.

When do I need to apply for planning permission?

If you need planning permission, you need to get it before you start work, because it may be that your application is going to be turned down and you may have to modify your proposals. Strictly speaking, don't start work until you've got planning permission. Also, check to see whether you need it or not.

What is a 'Use Class'?

One of the things that determines whether permission is needed is the use classes order. What this does is group together uses that are similar in nature and similar in terms of the things that they do. For example, with a shopping center there will be a use class that would cover most types of shopping, and it may distinguish between shops and offices. Certain changes can occur without the need for planning permission, changes within a use class and certain changes across the use classes. It depends in which direction you are going. Usually, it might mean that you are doing a less intensive operation. Industry would be a separate use class, warehousing and distribution might be a separate use class, offices, shopping, and housing. There's about five or six of these use classes. You can refer to those to find out whether what you are doing is moving from one use class to another. Again, the local authority could help.

What is 'Sui Generis'?

In considering whether something is in one use class or another, what might occur is that you have a use which is quite unique. They use this Latin term, sui generis, which means it stands alone as a use on its own and therefore change from that to anything else, which will need planning permission.

What improvements do I need planning permission for?

If you wanted to make improvements to your home, some of those improvements being possibly extending out of the rear with a conservatory, or maybe putting a porch on the front of the property, or building a garage if it hasn't got one already, what you may find is that you can do that under permitted development. But more substantial changes, changes that are considered to be material, those are the ones where you are going to need to get planning permission. How much permitted development you can do is determined by how much the property has already been expanded from its original size, so you need to check whether there is a planning history and whether that means that you are then going to go above those thresholds or not.

What improvements do I not need planning permission for?

If you want to do improvements that are non-material; possibly on a non-listed building, try changing the windows. Putting in double glazing rather than tinder-framed glazing. Those are considered non-material and you will not need planning permission for them. Minor extensions. Taking perhaps, part of the roof space, creating a dormer or putting in a velex rip window to use part of the roof. Again, it will depend upon the size of what your proposals are. It will also depend on whether you're in a single household, a single dwelling or whether you're in apartments, flats, any other form of property. Once you're in a multiple-use property, all permitted developer rights are not relevant. It's not possible to say. I have permitted development rights to do this.

Is planning permission required for internal and external improvements?

The question arises as to whether internal improvements are subject to planning control. If those internal alterations were designed to make, say, two dwellings where one currently exists, by altering the internal layout, putting in extra bathrooms and kitchens, then it is likely to need planning permission. But if you're simply keeping it as a single family home, and doing internal alterations, maybe knocking through from the kitchen to incorporate the dining area, into the way that modern living tends to occur, then you're not likely to need planning permission. External alterations; you're more likely to need planning permission, and you'll need to check that with the local authority, on the basis of whether permitted development rights can be claimed for what you're doing or not.

What is the Town and Country (General Permitted Development Order)?

One of the things that embraces all of this regulation of change is the Town and Country (General Permitted Development Order), and that sets out where it's possible to change from one use class to another and how much a building could be expanded without the need for planning permission.

What are 'permitted development rights'?

One of the things that embraces all of this regulation of change is the Town And Country Permitted to Development Order. It sets out where it is possible to change from one use class to another, and how much a building could be expanded without the need for planning permission.

What is 'Prior Approval'?

Prior approval occurs when somebody has been given planning permission and it may be subject to conditions. Some of those conditions may, for example, say: "How are you going to carry out this development? What arrangements are you going to make for construction traffic to come backwards and forwards? Where are you going to store the materials?". They may be seeking to protect the trees and they don't want materials stored anywhere near those trees, because that might damage them. What the planning authority says is "Yes, you have permission to do this development, but you need our prior approval to certain things before you can start work". It's bringing the developer back to the authority, probably by an exchange of letters, or a telephone call first, followed by confirmation saying: "Those were the things that you asked me to do before I started work. This is how I propose to do them, is that alright?" Once the approval's been given, then the developer is free to start work.

When do I need to get Prior Approval?

Obtaining prior approval is in the words, so it's prior to a development starting. So it's no good getting all of the plant and equipment on the site and then realising that you needed to ask the local authority for planning permission. So, you should come to us before you start the work. So you need to get the approval prior to arriving on the site.

When can local authorities remove permitted development rights?

If the local planning authority wants to protect buildings of significance-- these might be buildings in conservation areas, for example, or a sensitive list of buildings, it may be buildings in the countryside-- they may decide that they want to make what's called an Article 4 Direction as a provision in the planning acts that enables them to say these significant properties, we want to remove some of, not necessarily all, the permitted development rights that they would otherwise enjoy. It might be a very attractive terrace in a conservation area, and the problem might be if you introduced dormer windows on the front of the building, it would spoil the rhythm of the terrace. There might be a general Article 4 Direction to say these permitted development rights we're going to remove. They do have to consult the building owners prior to making the order. So there is a right to hear representations about what's happening. One other way in which permitted development rights might be removed is when somebody makes a proposal on a particular property. For example, the authority might have a policy about not having large buildings in the countryside. Someone proposes an extension to a small cottage, gets permission, but that permission is subject to a condition which says no further permitted development rights. So whatever they want to do within what's called the curtain, within the surroundings of that property, they're going to need to come back to the local planning authority and ask for permission. It doesn't mean to say that they won't get it.

What is a 'Local Development Order'?

A Local Development Order is made by the local planning authority. One of the common orders is what's called an Article 4 Direction which removes permitted development rights from certain properties. The authority has the power to publish what it plans to do, has to consult on it, and then comes back before it makes such an order. The order becomes what's known as a land charge, meaning that anyone buying the property that is subject to one of these local development orders will have their solicitor advise them at the time they're buying that one of the searches has revealed that there is a local development order in place. For example, if you were buying in a historic place like Bath, and they decided that having one of these crescents with different colored doors is one thing that might be something discordant, there might be a local development order that says this is the color that you're allowed to paint your front door. There are quite tight controls over special circumstances that protect the environment.

Do I need Building Regulations Approval if I don't need Planning Consent?

One of the confusions that arises when people are wanting to do building work is this relationship between Planning Control and Building Regulation. Building Regulations are what they say they are, there a set of standards, criteria, by which a building should conform. Things like energy insulation, sand insulation, strength of materials, fire protections measures, lots of things in the building regulations. Most building work requires Building Regulations approval whether or not it needs planning permission. And you get Building Regulations approval in two ways, either you employ somebody as your adviser which is qualified in that area and can certify what you've done. Or you submit plans to the local authority. Sometimes the building control section is within the planning service. Sometimes it is perhaps within the structural engineering section. But very often they have a common reception desk so that they can keep a relationship going where building works might be started and they haven't realized they needed planning commission or someone's got a planning consent and so far they haven't taken steps to get Building Regulations approval, which they may plan to do before the actually start work on the site. Sometimes it makes sense to employ a designer who has the skills to do both so it's one set of drawings designed for the purpose of getting planning approval but also they would form a basis of submission for Building Regulation approval

What other checks should I make before starting development?

Planning permission isn't the only consent that you might require. If within your garden you have some significant specimen trees, it could be that they have been made the subject of a tree preservation order. It could be that your building is of historic or architectural importance, and it may therefore be listed. So in addition to needing planning consent, it may be that you need other consents as well for the removal or the pruning or alteration to a protected tree, to also get listed building consent. Those are the sorts of things that might govern your planning proposal, and sometimes may have much more significance than the planning policies and decision on the planning application. Because it may be that if the property were not listed, what you're proposing to do is perfectly acceptable. But the mere fact that it is listed and you will alter its character may prevent you from getting listed building consent in a circumstance where planning consent would be forthcoming.