Most planning applications are now submitted online.
One Planning Consultants are skilled in liaising with Local Planning Authorities (LPA) and provide valuable know-how when it comes to applying for a planning permission or determining whether your project will require one.
With most applications, you will need to submit full details of your proposal. This is also the correct route if you wish to change the use of land or buildings.
These are completed to determine whether a development is acceptable in principle. Detailed drawings are NOT required at this stage however, once permission has been granted full details of your proposal must be approved before you can commence work. This is referred to as ‘reserved matters’.
This is an alternative way of obtaining planning permission for housing-led developments, split into two stages – the ‘permission in principle’ and the ‘technical details’ consent.
The first stage establishes whether a site is suitable in principle and in the second stage the detailed development proposals are assessed.
If your development involves telecommunications, demolition, agriculture or forestry, you will be required to pass full details to the local planning authority before work begins.
This applies when your planning permission or listed building consent contains a condition which requires you to provide further details of a specified aspect of the development (that was not fully described in the original application) which needs to be approved by the LPA before the development can start.
This is also known as 'discharging' conditions, and is different from removing or varying a condition (see below).
Under Section 73 of the Town and Country Planning Act 1990 (as amended), you can apply to vary or remove a condition on an existing planning permission. If this is approved, a new permission will be issued, potentially with different conditions.
This form is used for proposals to alter or extend a single house, including work within the boundary or garden. It is used for projects such as:
Note that you don’t need planning permission for all household building work. This is known as ‘permitted development rights’ and you can carry out some projects as long as they meet certain criteria and conditions.
You will need to apply for listed building consent if you want to demolish a listed building, or if you want to alter or extend it in a way that affects its character as a building of special architectural or historic interest.
You may also need consent for works to separate buildings set within the grounds of a listed building. You can find more information on our Heritage services page.
This type of consent is often required when you want to display any of the following:
Carrying out work on trees that are protected by Tree Preservation Orders or are located in conservation areas, require prior approval. A tree works application will need to be submitted.
This is a certificate that is required when there is a need to demonstrate that an existing use or activity, that was deemed in breach of a planning condition, is now no longer unlawful.
It can also be applied for to illustrate that a use or activity you are proposing will be lawful for the purposes of planning control.
There are two types of certificate that you can apply for to be granted immunity from planning enforcement:
To find out whether any proposed development which would otherwise be ‘permitted development’ (by virtue of provisions in the General Permitted Development Order 1995) requires the submission of a planning application and what is called an ‘environmental assessment’.
To find out if there are any special restrictions on proposed development because the land is, or is near to, a Site of Special Scientific Interest, a Special Protection Area (under the European Community’s Birds Directive), and a Special Area of Conservation (under the European Community’s Habitats Directive), and your proposal may have a significant effect on the site.
Under the General Development Procedure Order 1995 (As Amended) the LPA is required to issue enforcement proceedings against breaches of planning control within certain timescales depending on the nature of the breach. Breaches must be continuous and current in order to qualify for a CLEUD.
The following timescales apply:
Provided the above timescales have passed you are entitled to legitimise the development with respect to planning by seeking a CLEUD from the LPA.
Examples of where the 10 year rule applies include:
The 10 year period runs from the date the breach of planning control was committed.
When making a CLEUD it is important to make sure that the above timescales have been passed to ensure a successful application. It also avoids the potential for enforcement action by the LPA.
Your LPA will determine the application based on the factual evidence you provide. The onus is on the applicant to demonstrate the breach has been in existence for the required time-scales.
Unlike planning applications LPAs are required to determine if, on the balance of probability, your application complies with the relevant time periods.
Evidence can include the following:
The LPA will typically determine your application with 8 weeks of validation.
If your CLUED or CLOPUD has been refused you have the right to appeal to the Planning Inspectorate. There is no time limit for making such an appeal although appealing against non-determination can only be done after 8 weeks from the date the application was registered by the LPA.
Before making an appeal you could consider re-engaging with the LPA to discuss whether any changes to your application would make it more acceptable and likely to gain permission. It is possible that a further planning application may be submitted without charge.
However, if this route is not available to you and you wish to lodge an appeal, this will be handled via one the following four routes:
There is no statutory timeframe for determining planning appeals, and the time it takes can vary widely depending on the type of appeal and the complexity of the proposal. Typically, 80% of householder appeals are decided within eight weeks. Written representations are the next quickest, and informal hearings and public inquiries tend to take the longest.
Where it concerns an Enforcement Appeal the Planning Inspectorate (PI) will check your appeal to make sure it is valid. They will confirm the start date, what happens next and how long your appeal may take. They will then consider your appeal. Once your appeal has been accepted the timescale can vary from three months to over a year, depending on the complexity of the case and the type of the appeal.
However, there are some important milestones along the way:
These stages may differ if your appeal is being dealt with at an Informal Hearing or Public Inquiry.
You are able to withdraw your appeal at any point where you have reached an agreement with the LPA.
Usually, everyone involved in an appeal meets their own expenses. However, one party or side can claim for unnecessary costs caused by the other side’s unreasonable behaviour.
If it concerns an Enforcement Appeal then the appeal itself does not cost anything unless you also apply for planning permission. This typically costs twice the usual amount for planning application, split between the LPA and the DCLG (Department for Community and Local Governments).
Designated heritage assets include scheduled monuments, listed buildings, world heritage sites, shipwrecks, historic parks and gardens, national parks and conservation areas.
Non-designated heritage assets are other buildings and sites that also have some archaeological, architectural, artistic or historic interest, either locally or nationally.
The Strategic Housing and Economic Land Availability Assessment is an essential piece of evidence required to support the Local Plan process. It is a technical document which confirms the availability of land and assesses the potential suitability of development sites for allocation in the local plan. The inclusion of the site in the SHELAA does not imply that planning permission would automatically be granted.
Find out more about our Heritage Planning here.
What buildings and spaces will be used for.
The number of proposed units for residential use and the amount of floorspace and distribution of other uses. Where the development involves an extension to an existing building, the additional floorspace, volume and overall dimensions should be set out.
The way in which the buildings, routes and open spaces are provided, placed and orientated to each other. The statement should demonstrate that safety and security issues have been fully taken into account. The relationship of the buildings to adjacent streets and open spaces is of particular importance.
The height, width and length of a building in relation to its surroundings. This needs to be justified in terms of local character, council policy and guidance as well as urban design principles.
How open spaces will be treated to enhance and protect the local character. The statement should consider how the landscaping can enhance the buildings and surrounding area, while also remaining sustainable and improving biodiversity.
How the building and spaces will look – for example, building materials and architectural details.
The statement needs to cover two potential aspects of access, which should be considered together rather than in isolation.