Do I need planning permission?

 

Planning permission is usually required if you want to build something new, you are making major alterations to an existing building, such as an extension or you want to change the use of a building.

​

The best way to find out if you require planning permission is to contact your local planning authority (LPA) through your local council. They are always very helpful and will advise you if they feel an application is necessary or not.

​

In some cases certain types of work and some changes of use have been given a national grant for planning permission by the Government. These are called ‘permitted development rights’ see below for further information about these rights.

​

Again, your local planning authority will be able to advice you about your permitted development rights.

​

If planning permission is required then you will need to make an application to your LPA.

 

How to make a planning application

 

There are two main ways to make a planning application. The first is to make a paper application, using the standard planning application forms and send these in the post to your local planning authority (LPA). The second way is to use the online planning portal.

​

Most applicants are encouraged to apply online by using the planning portal, which provides prompts to help you answer only the relevant questions related to your application. Online applications are sent directly to your local planning authority for processing.

​​​

Building control applications can also be made online in this way. See building regulations advice​

 

Pre-planning advice

 

Pre-planning advice is always a good idea and is available via your local planning authority, where you can discuss your proposals with a planning officer directly. Some authorities charge for this service, which is dependent on the size and type of project.

​

Discussing your proposals with the planning officer helps to reduce the likelihood of making an invalid application, helps you to understand how national and local policies may affect your application and highlights any other items that may require further consultation, such as the potential of any flood risk.

​

You will need to prepare for the meeting by providing details of your proposals, complete with plans and to explain why you think your proposed application should be passed.

​

At the meeting you will have a chance to discuss any potential problems the site may have, including existing roads, footpaths, cables, watercourses, sewers and telephone cables and to ask about any potential problems of noise and traffic that may become a concern and to ask the officer if the authority is likely to impose any restrictions and most importantly, you will have the chance to ask the officer if there is a reasonable chance of gaining planning permission.

​

At the end of the meeting you should have all the relevant information to decide whether you wish to make an application and to alter your application to improve the chances of success.

 

What is Permitted Development?

 

Quite simply this is a national grant of planning permission given by the Government, which allows you to carry out certain types of work and some changes of use, without the need to apply to the local authority for planning permission. These are called ‘permitted development rights’.

​

They are however subject to certain conditions and limitations, which are in place to control impacts and to protect the local amenity and there are different conditions applied to different types of buildings. This means that some ‘permitted development rights’ that apply to houses may not apply to flats or maisonettes. Similarly, domestic dwellings have different rights to commercial property.

​

There are also ‘designated areas of the country where ‘permitted development rights’ are much more restricted. You will certainly have more restrictions if you live in a Conservation Area, a National Park or an Area of Outstanding Natural Beauty for example. This means you will still need to apply for planning permission for certain types of work that would be ‘permitted development’ in other areas. Another consideration is that different restrictions apply to listed buildings.

​

You should be aware that certain ‘permitted development rights’ may have been withdrawn by the local authority by issuing an ‘Article 4’ direction, which means you will have to submit a planning application when you would not normally need to.

​

There are other restrictions and conditions which may apply and it is always a good idea to contact your local planning authority for advice before starting any works. In our experience they are always very helpful and will advise you on all aspects of the planning process and your ‘permitted development rights’.

​

The Party Wall Act

 

If you live in a semi-detached house, a flat or in a terraced house then it is likely that you share a wall with one or more of your neighbours and if you plan to do any building works to these walls, or in close proximity to them, then you will need an agreement regarding the party wall, before work commences. Its not just major works that require an agreement, loft conversions, basement works and extensions often require an agreement, so it is always worth checking before starting any works.

​

The idea of the act is to help to prevent any structural damage to an adjoining property and to ensure that a surveyor is appointed, if necessary, to oversee any problems or damage that may occur during and after the proposed works are carried out.

​

So, if your works could affect a party wall in any way then you will need to serve your neighbour or neighbours with a party wall notice. They can then agree to the works being carried out, or if they disagree, then a party wall surveyor can be appointed to avert and resolve any disputes before work commences. It does not mean that your works can be stopped. The act is there as a legal framework for managing disputes, should they arise and to prevent structural damage to your neighbours property, which is clearly in the interest of all parties.

​

In practice the best course of action is to first have a chat with your neighbours and explain the works you propose and if necessary support this with drawings and information from a building professional. The notice you serve is then expected and this helps to reduce any worries they may have regarding your works and often speeds up the whole process.

​

If, however, your neighbour disputes the works or is concerned about how the works are to be carried then it is a straight forward process of appointing surveyors to oversee the works.

​

There are certain rules to follow and set times to serve notices and to reply to notices. Further information is available in a booklet available on the Government website https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

​​​

Talk to your neighbours

 

Falling out with your neighbours can be very upsetting and having building works carried out often raises worries and concerns from neighbours, but more often than not, this can be avoided by just having a chat with them and explaining what your plans are. Any concerns can be easily discussed and, if necessary, supported with drawings and other information from a building professional.

​

It can also be helpful to introduce them to your builder or tradesperson, which helps to create confidence that they have been thought about, as often your neighbours will be affected by noise, dust, increased traffic, deliveries and other issues while the works are being carried out.

​

Most good tradespeople are helpful and are aware of the issues affecting neighbours and keeping the peace with them goes a long way in making sure the works run as smoothly as possible.

​

If for any reason it is not possible to talk face to face with your neighbour or you feel in any way uncomfortable then just drop them a polite letter explaining the proposed works and if they have any worries or concerns, they can contact you or maybe even your tradesperson if you feel that would be easier.

​

​