Planning Permission

Published Sep 8, 2024

Definition of Planning Permission

Planning permission, also known as development approval, is the formal approval needed to carry out certain types of building work. This regulatory process ensures that any construction, extension, or significant external alteration complies with local planning policies and development plans. Planning permission is required to manage the way towns, cities, and countryside develop, including the use of land, the appearance of buildings, landscaping considerations, highway access, and the impact on the general environment.

Example

Let’s consider a homeowner who wants to extend their property by building an additional room. To do so, they must first apply for planning permission from their local planning authority. This requires submitting a detailed proposal, including architectural drawings, a location plan, and the specifications of the proposed extension. The local planning authority will then review the application, taking into account factors such as the size and scale of the extension, its impact on neighboring properties, design quality, and compliance with local development policies.

If the proposal meets all the necessary criteria, the planning authority grants permission, enabling the homeowner to proceed with the construction. However, it might come with specific conditions that need to be adhered to during and after the project’s completion. Conversely, if the proposal doesn’t meet the required standards or is deemed to have a detrimental impact on the area, the application may be refused, and the homeowner will need to revise their plans or appeal the decision.

Why Planning Permission Matters

Planning permission plays a crucial role in maintaining the orderly development and sustainability of communities. It ensures that new constructions and alterations contribute positively to the area’s character and quality of life. Here are a few reasons why it is important:

• Environmental Protection: Planning permission assesses the environmental impact of a project, including considerations for green spaces, heritage conservation, and biodiversity. It helps mitigate adverse effects on the environment.
• Community Welfare: Ensuring that developments adhere to planning regulations minimizes negative impacts on neighbors and the broader community. This includes considerations like noise, traffic, privacy, and aesthetics.
• Economic Development: Effective planning can stimulate economic growth by approving developments that create jobs, improve infrastructure, and attract investment while ensuring sustainable practices.
• Legal Compliance: Undertaking construction without the necessary planning permission can lead to enforcement actions, fines, or orders to demolish unauthorized structures.

Frequently Asked Questions (FAQ)

What types of constructions typically require planning permission?

There are several types of constructions and alterations that commonly require planning permission, including:

• New Buildings: Constructing new residential, commercial, or industrial buildings usually requires permission.
• Extensions: Adding rooms or levels to an existing building often needs approval, especially if it significantly alters the property’s size or shape.
• Change of Use: Changing how a building or land is used, such as converting a residential property into a commercial one, may require permission.
• Major Alterations: Significant external changes, such as adding a balcony, installing large windows, or altering the building’s façade, typically need approval.

Can planning permission be obtained retrospectively?

Yes, it is possible to apply for retrospective planning permission if work has already been carried out without the necessary approval. This process involves submitting an application as if the work had not yet been started. If the work complies with planning policies and regulations, permission may be granted. However, if the planning authority deems the work unacceptable, enforcement action may be taken, which could include requirements to alter or demolish the unauthorized development.

What happens if planning permission is denied?

If planning permission is denied, the applicant has a few options:

1. Revise and Resubmit: Modify the plans to address the reasons for refusal and resubmit the application.
2. Appeal the Decision: If the applicant believes the decision was unfair, they can appeal to an independent planning inspectorate. The appeal process can be time-consuming and requires detailed justifications.
3. Seek Professional Advice: Consulting with planning consultants or legal experts may provide insights into alternative approaches or additional considerations that could strengthen a new application.

What factors do planning authorities consider when assessing an application?

Planning authorities evaluate several factors when assessing planning applications, including but not limited to:

• Local Planning Policies: Compliance with existing local development plans and policies.
• Design and Appearance: The design, scale, and appearance of the proposed development in relation to its surroundings.
• Environmental Impact: The potential effects on natural habitats, biodiversity, and local ecosystems.
• Infrastructure and Services: Availability of necessary infrastructure and services, such as road access, water supply, and waste management.
• Community Impact: The potential effects on the local community, including impacts on traffic, noise levels, and neighborhood character.