Are you a home or landowner thinking of building an extension, converting an outbuilding or barn or perhaps even building a new self-build home?
You may be confident to prepare and submit a planning application yourself, equally, you might want to seek expert advice and input on some aspects of your proposal. Assistance from an independent, chartered planning consultant will help you understand what can and can’t be done in planning terms. A planning consultant will give you peace of mind, ensuring your application has the highest change of success in obtaining planning permission from your local council.
So, what’s involved in preparing and submitting a planning application?
Firstly, you need to decide which type of planning application should you submit. There are many different types of application depending on proposed development. The most common application is the ‘householder planning application’ which is used for proposals that include extending or altering a house and the construction of an outbuilding or a residential annexe.
It is worth noting however, that not all works to your house require planning permission. Some householder development is called ‘permitted development’ which means it does not require planning permission as the right to proceed already exists.
You can look up online and check what types of householder developments trigger the need for a planning application, and which don’t, on the government’s Planning Portal website: https://www.planningportal.co.uk/
The second most common type of planning application is a ‘full planning application’ which is a detailed application for a development, excluding household development. An example is the construction of an entirely new dwelling in your garden or on a plot of land.
Nearly all planning applications are submitted online via the Planning Portal website. You must select the correct form for your type of development, answer the questions set out and upload supporting information such as plans and surveys. In order for your application to be validated, you must submit all the necessary information and details. These include:
• National validation requirements – these are standard across the whole of the country.
•Specific validation requirements – determined by the type of your proposed development.
•Local validation requirements – determined by where you live and any specific requirements your Local Planning Authority may stipulate.
The more detailed, robust and specific the information you provide, the easier it is for the decision maker to understand your proposal. Setting out the background to your proposal will increase your chance of successfully gaining planning permission. You may need to consider elements such as:
• Quality of design and build materials.
• Impact on neighbours.
• Flood risk and drainage.
• Vehicle access.
You must then pay the relevant planning application fee online via BACS payment or call the planning portal to pay over the phone. There are different fees depending on the type of application you are submitting. There are some exceptions, for example if your proposal is to provide disabled accommodation, then no fee applies.
Once all the information in your application is registered by your local planning authority, you will be sent a letter via email, from your LPA, confirming the planning application number, a target determination date and the name and contact details of the case officer who will be dealing and deciding on your application. You should also be able to view the details of your application online via your LPA’s planning portal.
During the determination period, the planning officer will consider all the relevant planning policies and material considerations. They may make an unannounced site visit or ask for photographs of the site.
The LPA will also advertise the application through a combination of:
• Direct notification to adjoining neighbours and landowners.
• Site notices displayed for a minimum of 21 days near the application site.
• Adverts in the local paper, depending on the type of application.
The LPA will invite public comments on your planning application. Comments can only be made in relation to relevant planning matters and there are a number of factors that neighbours and third parties cannot comment on. These include:
• The right to a view.
• Impact on the value of their property from your development.
• Land ownership concerns.
As a rule, your local town or parish council will be consulted on your planning application. They will consider the application, usually within 21 days of it being validated. It is recommended you contact your local town or parish council as soon as your planning application is validated to find out when they will meet and discuss your planning application. Ideally you, or your agent, should attend the council planning meeting to speak in support of your application.
The planning officer will consult statutory consultees which may include the local highway authority, the drainage officer, the Conservation officer, or the council’s tree officer. If you‘re using a planning agent, it is best to let them track and monitor the progress of your application. The planning officer should contact your agent if they have any queries. Officers will not usually enter into negotiations if they consider your proposal is unacceptable in principle, or if they consider that you would need a completely new design to overcome objections.
In the unfortunate event that the LPA refuses to grant planning permission, you have a right to appeal to the Planning Inspectorate against the council’s decision. This is an independent government body, who appoint Inspectors to act on behalf of the Secretary of State. An Inspector will be allocated to the appeal, who has no connection with your LPA, the site, the local area or the applicant.
Ideally, your application is approved first time round. Having a good understanding of what can and can’t be done in planning terms will help your chances of success. Traditionally you could engage the
services of a planning consultant to prepare and submit your application but now there is an alternative through Planning Genie.
Planning Genie offers online masterclasses, delivered by professional planning consultants, giving access to expert planning knowledge and insight. The masterclasses are available instantly and focus on the most common planning projects to help home and landowners realise their property potential.
Each masterclass focuses on the relevant planning policies, the essential planning considerations, and the common pitfalls to avoid for the type of project. Each masterclass gives guidance on what to consider when applying for planning permission and what to include in your application to increase your chances of gaining planning permission first time.
The masterclasses do not replace the use of Planning Professionals such as planning consultants, architects or solicitors but provide an additional means by which home and landowners can become better informed on their planning journeys.
On a first come, first served basis, Planning Genie is offering 50 masterclasses at a 50% discount (reduced price of £49). Head to https://planninggenie.co.uk/collections/masterclasses and enter the discount code ‘LawPlain&Simple50’ during the checkout process to access the discount.
For more information contact Planning Genie. Email: contact@planninggenie.co.uk; www.planninggenie.co.uk
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. It is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to Planning Genie directly.