Planning Permission For An Extension - 2 -Improving Your Property Value By Building More

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Recap

Part 1 considered Playing by the 'rules' to increase the value of your property. Part 2 continues with important considerations for anyone considering development.

Planning Permission is not Building Regulation Approval

Before moving on it is important to emphasise that Planning Consent (Permission) is totally different from Building Regulation Approval. Even if you don't need a planning certificate, if the works involved are in any way structural you will almost always need a separate approval from your Building Control Department.

Do-It-Yourself, or Engaging Professionals

Most people can fill in and submit planning application forms and pay the application fee.

However, many people who are not well versed in interpreting and working the 'planning rules' may find understanding their project proposals in the context of the local development plans and policies (which all UK LPA's must have) somewhat more challenging.

If, therefore, your local Development Control Officer takes the view that an application is required, you could be well advised to at least seek the counsel of a planning professional.

Minimising Local Authority Charges & Delays

You can still prepare drawings and documents yourself, providing you have the ability to produce something of a standard acceptable to the Development Control department. However, since local authorities are progressively seeking to impose charges for consultations and consideration of submissions, it may be worthwhile paying someone else to look these over before submitting them.

The Building Reg. 'Joker'

Here, it is the Building Regulations that become the joker in the pack. Because of the technical detail and time required to prepare these, it is usually best not to expend this effort and cost before obtaining planning approval.But if something in your proposal makes this 'unbuildable', or requires provisions that could have been avoided if the design had been approached in a slightly different way, a DIY approach may be more expensive than engaging someone else to do it for you.

Architectural Technicians & Technologists

Don't misunderstand me here. Fully qualified Architects often get this wrong. They may be good at concepts and creative ideas, but it is not unusual to find that what they have designed either needs modification before it can be built, or worse, cannot be built at all. For this reason many of them employ architectural technicians, or technologists, who specialise in the technical aspects to check out, specify and ensure that their design is feasible.

Feasibility 'v- Viability

Can you afford it? Don't overlook this when making your planning application. In the excitement of designing and discussing your project ideas - whether or not using an architect - it is easy to get carried away with concepts and specifications that cost a lot of money. They may be perfectly feasible, but not financially viable. And if you subsequently have to amend you planning approval to build what you can afford, you may be faced with additional design and application costs and LPA fees. This again is the realm of the architectural building technician. Builders will also be able to advise, but will not take kindly to time wasters trying to get 'free advice'. Remember, everyone's time is valuable and, if you are trying to do things yourself, budget for the costs of getting professional, technical and expert advice.

Consulting Neighbours & 'Planners'

It doesn't matter what is in your project proposal, go and show it to your neighbours as soon as possible. Even if you can't accommodate all their objections before making the application, you'll at least be prepared and able to ask the relevant DCO in your local planning office how to address these.

You are unlikely to get your Certificate of Planning Approval if your extension will overlook neighbouring property, or block out the light to their windows. However, they may have no right to a 'view' and these, together with other technical and policy considerations need to be considered. While many LPA's used to offer free, informal advice, as noted above financial constraints are limiting the extent of this and causing some to charge fees for consultations. While so far this tends to be for major development schemes, try to address as much as possible in one visit, then follow their recommendations - unless, of course, you want to challenge these.

Making YOUR Application

Along with your completed planning application form, you will need to submit relevant drawings of the site, pedestrian and vehicular access, floor plans, elevations, as well as access (and possibly other) statements. These may include tree and other surveys. Three or more copies will be required.

The LPA will check that everything has been included, ask for any other documents or clarifications they think are necessary. They will then write to you acknowledging receipt and tell you how long it will take for them to check that your proposals comply with the local area plans & policies and conform to their 'planning rules'.

LPA Procedures

The 'planners' will then either put up 'Planning Notices' notices close to your property, stating what is proposed, or send them for you to put up. They may also write to your immediate neighbours telling them what you want to do. Within usually 8 weeks, all the facts concerning your application, including any objections received, will be considered and a decision made on whether a Grant of Planning Permission, should be made. Because of the sheer weight of applications, some LPA's now delegate this decision to an officer, or sub committee, leaving the full committee to handle applications for major development projects. If yours is likely to be a 'delegated decision' it might be DCO (Development Control Officer) that you have already talked to.

Grant, Conditional Grant, and Refusal of Planning Permission

If you have met all the requirements of the local area plan, policies, and officer's recommendations (if any), and if there have been no 'material' objections, it is highly likely that your application will be granted. However, increasingly most 'planning approvals' are given subject to planning conditions. These cover things like protecting trees and tree roots, fencing, submission of materials for subsequent approval, and so on. You may have to comply with these conditions before you start work on construction, or before the building can be occupied.

If you don't like, or agree with, any of the conditions you may re-work your proposals, re-submitting them with another application. However, bear in mind all the costs and delays this will incur. Alternatively you may 'Appeal' against this decision in the same way as if your application is refused.

Planning Appeals

If you want to appeal against the Conditional Planning Certificate, or Notice of Refusal of Planning Permission that you receive, you can make an appeal to HM Planning Inspectorate. They will check that the LPA followed all the 'planning rules', and that the reasons for the conditions or refusal comply with Government requirements and are legitimate. If not, they may reverse the LPA's decision and grant permission. Again, this may be either conditional or unconditional.

Appeals can be made in person, which is to say at a hearing in front of the Planning Inspector, who is very widely experienced and specially qualified to hear appeals, or in writing. However you make your appeal, you will have to explain what mistakes you think were made. This involves the need for a good understanding of planning law, as well as local policies and plans.

If your builder, designer or architect think an appeal would not succeed, it might be better for you to talk to the planning officers again with a view to making a new application taking all the objections that will have been listed on your Planning Decision. If you feel the officer you are dealing with is stonewalling you, especially if the decision was delegated to him or her, it could be worth trying to get a meeting with the head of the department. If you can, get the individual officer to suggest this, rather than overtly falling out with, or offending him or her.

The Government's Planning Portal

Because many people find the Planning Rules complicated and confusing, the UK Government has set out a series of excellent explanations on their 'Planning Portal websites. It might take you a little time to go through these, but if you find this brief article does not give you the answers you are looking for, it would certainly be worth taking the time to study.

Four Things to Remember

1. Before starting, research local plans & policies, checking your interpretation of these with your DCO.

2. If you don't have, get, or observe conditions on your planning permission, your project may be unlawful.

3. The LPA can halt building works and instruct you to demolish or correct anything that does not comply with their planning rules. They can take you to Court of you do not comply.

4. Planning Rules are there to protect you and your neighbourhood, even if they don't always suit you

Disclaimer

This article applies to England and is an introductory guide only.

by: Professor Michael Benfield PhD

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