Planning Process
What is Planning Permission?
Planning Permission, in simple terms, is like asking if you can do a certain piece of building work. It will be granted (possibly subject to certain conditions) or refused.
Parliament has given the main responsibility for planning to local planning authorities (Usually, this is the planning department of your local council). Therefore, if you have any queries about a particular case, the first thing to do is to contact your local planning authority.
It is your responsibility for seeking, or not seeking, planning permission. If required, it should be granted before the planning process or any work begins.
Permitted Development Rights
You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”.
They derive from a general planning permission granted not by the local authority but by Parliament. Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or other buildings. Similarly, commercial properties have different permitted development rights to dwellings.
In some areas of the country, known generally as ‘designated areas’, permitted development rights are more restricted. For example, if you live in:
- a Conservation Area
- a National Park
- an Area of Outstanding Natural Beauty
- a World Heritage Site or
- the Norfolk or Suffolk Broads.
You will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if the property is a listed building.
The Planning Portal’s general advice is that you should contact your local planning authority and discuss your proposal before any work begins. They will be able to inform you of any reason why the development may not be permitted and if you need to apply for planning permission for all or part of the work.
Permitted Development Rights withdrawn
You should also note that the local planning authority may have removed some of your permitted development rights by issuing an ‘Article 4’ direction. This will mean that you have to submit a planning application for work which normally does not need one.
Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the local planning authority if you are not sure.
Please note: Houses created through permitted development rights to change use from shops, financial and professional services premises or agricultural buildings cannot use householder permitted development rights to improve, alter or extend homes: planning permission is required. You are advised to contact your local planning authority.
Lawful Development Certificates;
If you want to be certain that the existing use of a building is lawful for a planning process or that your proposal does not require planning permission, you can apply for a ‘Lawful Development Certificate’ (LDC).
It is not compulsory to have an LDC but there may be times when you need one to confirm that the use, operation or activity named in it is lawful for planning control purposes.
You can apply to your local council for an LDC via the Planning Portal online application service. The application must provide sufficient information for the council to decide the application or else it may be refused. You will have to pay a fee.
Often the issues involved in LDCs are complex and if you decide you need to apply for a certificate you might benefit by obtaining professional advice. Your LPA’s planning officers can also help. They will tell you about the sort of information needed to support your application.
If your application is partly or wholly refused or is granted differently from what you asked for, or is not determined within the time limit of eight weeks, you can appeal. Appeals are made to the Planning Inspectorate.
