Another common question we get asked is whether or not you need planning permission for your project. This will of course depend on your project but we’ve set out some of the basics below.

Planning vs. Permitted Development

Loft extensions are common Permitted Development projects

You can carry out certain types of alterations or works without planning permission. This is called ‘Permitted Development’.

‘Permitted Development Rights’ are set out by parliament and are nationwide, rather than varying from council to council like planning policy can. There are many common building projects for houses which are covered by permitted development, such as certain improvements or extensions of a specific size and location. However, these rights do not extend to flats or certain types of houses. For example, listed buildings, buildings within a conservation area or an Area of Outstanding Natural Beauty do not have permitted development rights.

The full permitted development rights for householders guidance can be found here.

We can advise on whether your property has permitted development rights, and if it does what work falls under that category.

If your project work falls under permitted development, we recommend that we apply for a Lawful Development Certificate. Although an LDC is not compulsory, it is evidence that your works are lawful and can help in certain situations, such as when you come to sell your property. As an LDC is just confirmation that the works you are proposing are lawful, neighbours cannot object to an LDC application.

Planning Permission

If your proposals do not fall under permitted development, then a planning application is often required. Planning permission is essentially asking for permission to carry out certain building work. It will either be granted or refused.

Unlike Permitted Development, Planning Policy is the responsibility of local planning authorities, so although broadly similar across the country, can vary from place to place. Planning permission should be granted before works commence.

Again, we can advise on whether your project will need planning permission.

Factors affecting planning permission

New build houses generally need planning permission

If your project does require planning permission, there are a number of factors which need to be considered in making an application.

Design -

What constitutes good design is hugely subjective. However, a carefully considered and designed extension or building is more likely to be appealing to both you, your neighbours and the council and add more value to your property.

Sometimes extensions work better if they complement an existing buildings materials and proportions. Sometimes they work better if they contrast with the existing. Some councils have design guides which can help to advise on guiding principles, some do not.

Either way, we always work closely with our clients to come up with a solution which meets their needs as well as working with any existing buildings and context. A carefully designed project is always more likely to get permission than one with less thought.

Neighbours –

It is always a good idea to consult your neighbours before applying for planning permission. Neighbours are, understandably, often concerned about how nearby works are going to affect them.

With this in mind, we always have to consider the effect of any proposals on neighbour’s daylight and privacy and whether the proposals may cause any overshadowing.

Neighbours will be asked for their views on your application as part of the planning process, so it is always a good idea to try and get them on side before we submit the application. We can often make amendments to proposals to ease concerns neighbours may have.

Other Factors -

Heritage – if your property is a listed building or located in a conservation area we may need to submit a heritage report as part of our application.
Nature and Wildlife – depending on the location of your project, we may need to consider any effects proposed works may have on nature and wildlife. This could include whether any trees are affected by the proposals.
Roads and Highways – if any of our proposals affect any existing highways - perhaps we’re proposing a new access road or dropped kerb to your property - then the highways authority will need to be consulted.
There are also a number of other factors to consider depending on where your project is. These may include; flood risk, archaeological investigations, environmental health and many others. A suitably qualified architect will be able to guide you through this process and what is required.

Summary

We hope that that helps to give a broad understanding of planning permission and permitted development. If you have any questions, then please do feel free to get in touch with us.

There are also some handy interactive guides available on the planning portal, which give some basic guidance on different types of work. Check them out here.

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Do I need planning permission?