Planning can be complicated, but we aim to simplify it as best we can by helping you achieve your end goal as smoothly as possible.
Here are some frequently asked questions that we sometimes get asked.
Planning Application Process:
What is the difference between outline planning permission and full planning permission?
Outline planning permission establishes whether a proposed development is acceptable in principle without detailing specific aspects such as design or layout. On the other hand, full planning permission grants approval for all aspects of the proposed development, including detailed plans.
What is the difference between a minor material amendment and a non-material amendment?
A minor material amendment involves changes to an approved planning permission that may affect the proposal's character, such as alterations to the layout or design. A non-material amendment, however, involves minor changes that do not significantly impact the overall development.
Can I make changes to a planning application after it has been submitted?
Yes, you can usually make amendments to it after it has been submitted. However, significant changes may require a new application or additional fees.
What is the difference between outline planning permission and full planning permission?
Outline planning permission establishes whether a proposed development is acceptable in principle, without detailing specific aspects such as design or layout. Full planning permission, on the other hand, grants approval for all aspects of the proposed development, including detailed plans.
Application Process & Timescales:
My neighbour objects to my plans. What can I do?
Objections are part of the process. A consultant can help you understand the concerns, address them through design modifications or dialogue, and present a strong case to the planning committee.
What happens after I submit a planning application?
The local authority validates your application, checks compliance, and consults relevant statutory bodies. Your consultant can liaise with authorities, address concerns, and optimise your chances of approval.
How long does it take to get planning permission?
Timeframes vary depending on project complexity and local authority workload. Most applications aim for eight weeks (minor) or 13-16 weeks (major), but external factors can influence this. A consultant can guide you on realistic timelines and potential delays.
Permitted Development Rights:
Are there restrictions on the height of fences and walls under permitted development?
Permitted development rights typically allow the erection of fences and walls up to certain heights without planning permission. However, restrictions may apply in designated areas or where the development would impact highway safety or neighbour amenities.
Can I extend my property under permitted development rights?
Permitted development rights allow certain types of extensions without planning permission, subject to size and location restrictions. However, limitations apply, particularly in conservation areas, national parks, and other designated areas.
Other Approvals:
Can I convert a commercial property into residential use without planning permission?
Under certain circumstances and subject to specific criteria, it may be possible to convert a commercial property into residential use without planning permission, using permitted development rights or other planning mechanisms.
Specialised Planning Situations:
Can I apply for planning permission for a change of use to a ‘sui generis’ category?
Yes, 'sui generis' refers to uses that do not fall within any specific use class, such as nightclubs, casinos, or petrol stations. Planning permission is required for changes of use to or from 'sui generis' categories, and applications will be assessed on their merits.
What is a Section 106 agreement, and when is it required?
A Section 106 agreement is a legal agreement between a developer and the local planning authority that sets out obligations or contributions related to a proposed development. Addressing issues such as affordable housing provision, infrastructure improvements, or environmental mitigation may be required.
Community Infrastructure Levy:
Are there exemptions or reliefs available from paying the Community Infrastructure Levy?
Certain types of development, such as self-build homes or charitable developments, may qualify for exemptions or reliefs from paying the Community Infrastructure Levy. These exemptions are subject to specific criteria and conditions.
How is the Community Infrastructure Levy (CIL) calculated, and when is it payable?
The Community Infrastructure Levy is calculated based on the size, type, and location of a development and is payable to the local planning authority to fund infrastructure projects. It is usually payable upon commencement of development.
Public Engagement and Consultation:
Can third parties appeal a planning decision if they disagree with the outcome?
Third parties, such as neighbouring property owners or community groups, generally do not have the right to appeal planning decisions directly. However, they can participate in the planning process by submitting comments or objections during the application or appeal process.
What opportunities are there for public participation in the planning process?
Public participation in the planning process can take various forms, including public consultations, neighbourhood forums, and opportunities to comment on planning applications. Local planning authorities must engage with communities and stakeholders in the planning process.
Legal Considerations:
What happens if my planning application is refused?
A Planning Consultant can analyse the reasons for refusal, suggest improvements, and help you appeal the decision or submit a revised application with a stronger case.
Are planning decisions subject to judicial review?
Yes, planning decisions can be challenged through judicial review proceedings if there are grounds to believe that the decision-making process was unlawful or procedurally unfair. Judicial review is a legal process that examines the legality of decisions made by public bodies, including local planning authorities.
What is the role of planning enforcement, and how does it relate to the planning process?
Planning enforcement is responsible for investigating breaches of planning control and taking appropriate action to remedy or prevent unauthorised development. It plays a crucial role in maintaining the integrity of the planning system and ensuring compliance with planning permissions and regulations.