Planning a building project? Find out how the Planning process works (Part 2)

Councils & Planning Applications

Planning Permission is the consent required of your Local Authority on a proposed building project in order to control inappropriate development and manage the growth of urbanisation. Both the construction of a new dwelling or extensive changes or additions to existing buildings, usually requires Planning Permission. There are a few small scale developments that can be carried out to most properties under ‘Permitted Development Right’s which don’t need Planning Permission, but these are limited in size, location and cannot be carried out to a listed property or within a conservation area.

Decisions on whether to grant Planning Permission are made in line with national guidance, in the form of the National Planning Policy Framework, and the local Planning policies as set out by the Local Authority.

Each region in the UK will have a number of Planning Authorities depending on the political and physical make up of the region. Norfolk for example is sub-divided into seven District, Borough and City Councils, each of which have their own Planning Department:

· Breckland District Council
· South Norfolk & Broadland District Council
· Great Yarmouth Borough Council
· King's Lynn and West Norfolk Borough Council
· North Norfolk District Council
· Norwich City Council
· Broads Authority

A pre-application advice service is offered by most Councils using an online form which can be emailed to them together with as much information about the proposal as possible (for example the inclusion of sketches, photographs, a summary, or detailed description of the proposal). Originally free and intended as a steer for more complex applications, Councils now charge varying levels of fee, usually related to the size of the project, and in the case of Norwich City Council, the depth of review required. There is a time limit of normally one month allocated for the consideration of these applications in the pre-app process. The idea behind seeking pre-application advice is to obtain the informal opinion of a case officer prior to submitting an application, to avoid an unnecessary refusal.

Notably this does not bind the Council to any course of action. In other words, a Council might indicate approval of a scheme in a pre-app but then change their view when the full Planning Application is made. It is not a requirement to seek pre-application advice: this remains very much an individual clients’ decision and we feel increasingly this can delay the process and still leave the client with an inconclusive view from the Planners.

The cost of submitting a full Planning Application depends on the type and scale of the project and is the same across the UK (in 2022 a typical householder application is £206). Planning Applications can be submitted by anyone, although the process is considerable, as we will show in our next newsletter. On all but the smallest projects it is highly recommended a professional in the construction industry (Architect, Architectural Technician or Planning Consultant) is involved to prepare the submission documentation, ensuring it is complete and accurate as far as it can be. They will be registered by the Council as the project Agent and will generally be the first point of communication for any queries. If further information is requested by the Council there is the potential of delay in reaching the decision.

The preferred method of submitting a Planning Application is through the Planning Portal for which there is a nominal service charge (in 2022 this is £26.83 + VAT). There is sometimes a possibility that a Planning submission can be made direct to a Planning Department but this is not offered by all Councils. It is worth noting that although applications for Listed Building Consent are currently free, some works to Listed Building (such as extensions) will require a Planning Application alongside the Listed Building Consent application.

Architects will generally get to know many of the Planning Officers in a variety of Councils. This gives them helpful knowledge of how certain applications might be received by individual Councils. However Planning Officers do move from one Council to another making it difficult on occasion to find out which Planning Officer is allocated to certain areas of a district.

Councils have ten working days from receipt of the application to validate it. This requires them simply to log all the documents received and allocate a dedicated Planning Officer to the application. They will then issue a letter confirming the target determination date. They then formally announce the Planning Application to the public by raising site notices near the site, and in some cases publishing notices in the local newspapers.

All Councils have a Government assigned time limit for determining Planning Applications, depending on the type of application submitted. Small scale domestic works should take eight weeks from the validation of the application to determination, whereas larger projects will take up to 12 weeks. If there is likely to be a delay in reaching the decision, an ‘extension of time’ will be requested by the Council. This has to be agreed by the applicant.

All documents submitted for the Application are available on the Council’s website and can be accessed by the public. Within the eight-week determination period is

a four-week consultation period when the Council specifically notify key parties for their comments.

These include immediate neighbours or specialist departments within the Council (such as Highways, Ecologist or Heritage Officer). All comments, positive and negative, are published alongside the Planning documents and any additional relevant communication that the Officer may receive from the applicant.

Credit: Getty image

Council websites tend to have specific guidance notes on making a Planning Application, and the information that they require. It is always possible that the Planning Officer, or subsequent consultee, will require more information as the application progresses. As a practice we check the online information and make contact with the Planning officer throughout the process, to check if they have all the required information and to respond to any comments that may arise. This enables us to check if the Application is on target for a decision on the allocated date and respond promptly to minimise the delays to client waiting times.

All approved Planning Permissions automatically expire after a certain period, generally up to three years from the date of full consent being granted. A ‘start on site’ must be made within this time. Technically the works do not have to be completed straight away but Councils are wary of lingering developments, particularly with larger schemes, whereby approved sites can be left dormant for years beyond the approval date.

Recommended Reading

How to Get Planning Permission (Fifth Edition) by Speer & Dade

Although first published in 1998 this book is now in its fourth edition and fully updated, giving a comprehensive step-by-step guide to the planning process. Ideal for planning permission for conversions, extensions, improvements and newbuilds. It includes sections on how to dramatically improve your chance of success; how to actually make the application; how to overcome objects and refusals and how to make an appeal if you've already been turned down. Fully illustrated with a process flow chart as well as examples of forms and letters. Jargon-free and easy to follow.

Next Month:
What is a Design & Access Statement? Or a Heritage Impact Assessment? What are the key documents and what does making a Planning Application actually involve?

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