“Consultancy is more than giving advice”
— Arthur N. Turner
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Permitted development rights allow you to make certain changes to your property without needing to apply for planning permission. Here are some key points about permitted development rights in the UK:
Extensions: You can extend your home without planning permission, provided it meets specific criteria. For example, a single-storey rear extension can extend up to 8 meters for detached houses and 6 meters for other types of houses.
Loft Conversions: You can convert your loft without planning permission if it doesn't exceed 40 cubic meters for terraced houses or 50 cubic meters for detached and semi-detached houses.
Outbuildings: You can build outbuildings such as sheds, garages, and greenhouses without planning permission, as long as they are single-storey and do not exceed a height of 4 meters.
Porches: Adding a porch to any external door of your house is allowed without planning permission, provided it does not exceed 3 square meters in floor area and is no higher than 3 meters.
Windows and Doors: You can replace or add new windows and doors without planning permission, as long as they are similar in appearance to the existing ones.
Solar Panels: Installing solar panels on your property is generally allowed without planning permission, provided they do not protrude more than 200mm from the roof slope.
Fences and Walls: You can erect a fence, wall, or gate without planning permission, as long as it is no higher than 2 meters, or 1 meter if it is next to a highway.
Driveways: You can create a driveway or hard surface without planning permission, provided it is made of permeable material or has a drainage system to prevent surface water runoff.
Change of Use: Some changes of use, such as converting a garage into a living space, may be allowed under permitted development rights.
Interior Alterations: Internal changes, such as removing walls or installing new bathrooms, generally do not require planning permission.
For more detailed information, you can refer to the technical guidance on permitted development rights.
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A pre-application (pre-app) is a process where you can seek advice from your local planning authority (LPA) before formally submitting a planning application. This early engagement can help you understand the planning policies and requirements that apply to your proposed development. Here are some key benefits of a pre-app:
Guidance on Planning Policies: The LPA can provide advice on relevant planning policies and other material considerations that will affect your application.
Identify Potential Issues: Early discussions can help identify any potential issues or concerns with your proposal, allowing you to address them before submitting your formal application.
Improve Application Quality: By understanding the LPA's expectations and requirements, you can improve the quality of your planning application, increasing the likelihood of approval.
Save Time and Money: Addressing potential issues early on can save time and money by reducing the likelihood of delays or the need for significant changes later in the process.
Community Engagement: Pre-apps can also involve discussions with statutory and non-statutory consultees, elected members, and local people, helping to build support for your proposal.
To apply for pre-application advice, you typically need to complete a form and provide basic information about your proposed development. There may be a fee for this service, which varies depending on the complexity of the project.
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To make a planning application in the UK, you'll need to follow these steps and gather the necessary documents:
Application Form: Complete the relevant planning application form, which can usually be found on your local planning authority's (LPA) website.
Plans and Drawings: Provide detailed plans and drawings of the proposed development. This typically includes site plans, floor plans, elevation drawings, and any other relevant architectural drawings.
Ownership Certificate and Agricultural Land Declaration: Submit an ownership certificate to confirm you own the land or have notified the owner. If the land is agricultural, you may need to complete an agricultural land declaration.
Design and Access Statement: For certain types of applications, you may need to provide a design and access statement. This document explains the design principles and concepts behind the development and how access issues have been addressed.
Supporting Documents: Depending on the nature of your project, you may need to include additional documents such as environmental impact assessments, heritage statements, or flood risk assessments.
Application Fee: Pay the required application fee. The fee amount varies depending on the type and scale of the development.
Consultation: Engage with your local planning authority early in the process to understand any specific requirements or potential issues. Pre-application advice can be very helpful.
Submission: Submit your completed application form, plans, drawings, and supporting documents to your local planning authority. This can usually be done online through the planning portal.
Validation: Once submitted, your application will be checked for completeness. If all required information is provided, your application will be validated and the formal assessment process will begin.
Public Consultation: Your application will be subject to a public consultation period, during which neighbors and other interested parties can comment on the proposal.
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If your planning application is refused, here are the steps you can take:
Review the Decision Notice: Carefully read the decision notice provided by your local planning authority (LPA). This document will outline the reasons for refusal and any specific policies or guidelines that your proposal did not meet.
Seek Feedback: Contact your LPA to discuss the reasons for refusal in more detail. They can provide valuable feedback and suggest modifications that might make your application more likely to be approved in the future.
Amend and Resubmit: Based on the feedback, you can amend your plans to address the issues raised and resubmit your application. This might involve making changes to the design, scale, or location of your proposed development.
Appeal the Decision: If you believe the refusal was unjustified, you can appeal to the Planning Inspectorate. You must submit your appeal within a specific time frame, usually within 12 weeks for householder applications and 6 months for other types of applications.
Consider Alternative Solutions: Sometimes, a different approach or a smaller-scale project might be more acceptable to the LPA. Exploring alternative solutions can help you achieve your goals without the need for a full planning application.
Engage a Planning Consultant: If you're unsure about how to proceed, consider hiring a planning consultant. They can provide expert advice, help you navigate the planning process, and improve your chances of success.
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If your planning application has been refused and you wish to appeal the decision, here's a step-by-step guide on how to do it:
Check Eligibility: Ensure that you are eligible to appeal. You can appeal if your application was refused, if you disagree with the conditions imposed, or if the local planning authority (LPA) has not made a decision within the statutory period.
Time Frame: You must submit your appeal within a specific time frame. For householder applications, you have 12 weeks from the date of the decision notice. For other types of applications, you have 6 months.
Prepare Your Appeal Statement: Create an appeal statement explaining why you believe the decision should be overturned. This document should address the reasons for refusal and provide supporting evidence.
Gather Required Documents: Collect all necessary documents, including:
The original planning application form
The decision notice from the LPA
All plans, drawings, and documents submitted with the application
The site plan for the appeal site
Any ownership certificates.
Submit Your Appeal: Submit your appeal to the Planning Inspectorate. This can be done online through the Planning Portal or by post.
Notification: If your appeal involves land or property owned by someone else, you must notify them before submitting your appeal.
Appeal Process: The Planning Inspectorate will review your appeal. There are different procedures for handling appeals, including written representations, hearings, and public inquiries.
Decision: The Planning Inspectorate will make a decision based on the evidence provided. This decision is usually final, but you can challenge it in the High Court if you believe there has been a legal error.
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To ensure your planning permission doesn't expire, you need to start work on your property within the time frame specified in your planning permission, usually within three years from the date it was granted. Here are the steps you should take:
Review Conditions: Carefully review the conditions attached to your planning permission. Some conditions must be met before you can start work, such as obtaining additional consents or approvals.
Submit Building Control Application: Apply for building control approval. This involves submitting detailed plans and specifications to your local building control authority to ensure your project complies with building regulations.
Commence Material Work: Begin substantial work on the site. This typically includes tasks like digging and pouring foundations, which are considered a material start. Minor preparatory tasks may not be sufficient.
For a first-storey extension, this could include tasks such as installing structural supports, removing parts of the existing roof, or starting the construction of the new walls.
Document Progress: Keep detailed records of the work you have started, including photographs and receipts. This documentation can be useful if there are any disputes about whether you have commenced work.
Notify Building Control: Inform your building control authority when you start work. They may need to inspect the site to confirm that substantial work has begun.
Discharge Conditions: Ensure all pre-commencement conditions are discharged. This means you have met all the requirements set out in your planning permission before starting work.
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A Lawful Development Certificate (LDC) is a legal document issued by your local planning authority (LPA) that confirms whether an existing or proposed use of a building, or other development, is lawful for planning purposes. There are two types of LDCs:
Existing Use or Development (Section 191): This certificate confirms that an existing use of land, operational development, or activity in breach of a planning condition is lawful.
Proposed Use or Development (Section 192): This certificate confirms that a proposed use of buildings or land, or operations to be carried out, would be lawful.
When Do You Need a Lawful Development Certificate?
Permitted Development: If you want to ensure that your proposed project falls within permitted development rights and does not require planning permission, an LDC can provide official confirmation.
Selling or Buying Property: When selling or buying a property, an LDC can provide assurance that any existing alterations or uses are lawful, which can be important for mortgage lenders and future buyers.
Avoiding Enforcement Action: If you have carried out work without planning permission, an LDC can confirm that the work is lawful and prevent enforcement action.
Peace of Mind: Obtaining an LDC can give you confidence that your project complies with planning regulations, reducing the risk of future legal issues.
How to Apply for a Lawful Development Certificate
Application Form: Complete the relevant application form, which can be found on your LPA's website or the Planning Portal.
Supporting Documents: Provide detailed plans, drawings, and any other supporting documents that demonstrate the lawfulness of the existing or proposed development.
Application Fee: Pay the required application fee, which varies depending on the type and scale of the development.
Submit Application: Submit your application to your LPA, either online or by post.