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What is a Planning Application?
In Britain, a planning application is a formal request to the local authority for planning permission to build something new or to add something to an existing building. In most circumstances, any new building requires a Planning Application, usually made to the local council by a planning application consultant, known as a Local Planning Authority. If you want to build a new home or a new housing estate in London, you’re likely to need a London planning application consultant as part of the team of consultants you should be working with.
Our planning application consultants in London can work with you and others in your team to help secure planning permission for your building project.
Our planning application consultants have extensive experience in obtaining commercial planning permissions as well, with successful applications for warehouses, offices and even a new build factory.
Our planning permission consultants also have experience in obtaining planning permission in London on difficult sites; new homes outside a settlement boundary, development in the Green Belt, and other forms of development where the principle is likely to be opposed by the Local Planning Authority.
Planning Applications & Planning Permission FAQs
It is possible to make changes after receiving planning permission and there are a number of options for this;
- Non-material amendments – for very minor changes that do not materially alter the size and scale of the development
- Minor material amendments – for less minor changes whose scale and nature results in a development which is not substantially different from the one which has been approved.
- Time limit extensions – to change the expiry date of a planning permission
For more information on whether you can amend a submitted planning application, visit the Planning Portal website.
Planning Permission is needed if you want to do certain building works. It will be granted (possibly subject to certain conditions) or refused. Permission can be granted for:
- building new structures;
- changing or enlarging structures;
- changing the use of land or buildings on it; or
- for quarrying or the mining of minerals.
It is your responsibility for seeking, or not seeking, planning permission. Planning permission should be granted (if needed) before any work begins.
The granting of planning permission is different from the consent of use for land or premises. You would still need to gain permission from the owner of the land or premises to use or to change it. If you don’t gain permission, you could be liable for trespass or criminal damage which could be pursued in civil law.
Visit the Planning Portal website for more information and guidance on planning permission.
Your Local Planning Authority (LPA) is responsible for considering planning applications.
ou can apply to every local authority in England through the Planning Portal.
Planning is about how we plan for, and make decisions about the future of our cities, towns and countryside. Your local planning authority is responsible for deciding whether a development – anything from an extension on a house to a new shopping centre – should go ahead. For example, in most cases, it would probably not be a good idea to apply to build a nightclub or disco next to a retirement home.
However, careful and clever planning combined with sensitive design and landscaping can make some development acceptable where it would previously be thought unsuitable. This is the reason that applications are considered so carefully. The planning system is needed to control development in your area.
Check planning permission section of the government website for further guidance.
No. Certain developments can be done without the need for planning permission. This is known as “permitted development”. However, some or even all permitted development rights can be withdrawn by the use of an “Article 4 Direction”. This is issued when specific control is required over-development in an area of special importance, such as a conservation area.
A given size of extension is usually permitted development, which is normally set in cubic metres and percentage of the original building. However, any work undertaken on the property since its construction counts towards this volume, including any work done prior to you moving in. You should seek advice from Norton Taylor Nunn before considering undertaking additional work, just to be sure.
For further guidance on when is permission required, visit the government website which sets out when planning permission is required and different types of planning permission which may be granted.
The statutory determination period for validated planning applications, which local planning authorities should not exceed, is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications, and 16 weeks if the application is subject to an Environmental Impact Assessment (EIA).
Failure to determine the application within these deadlines means that the applicant can choose to appeal to the Planning Inspectorate on the grounds of non-determination. Local planning authorities have to inform applicants of these rights.
See “Determining a planning application” on the government website which sets out the process and expectations on planning performance and decision making.
An EIA is an Environment Impact Assessment. It assesses how the proposed development will impact both on the nearby environment and on the wider environment generally. It is required for some sorts of development under European legislation. You are advised to contact your LPA for further information.
See “Environmental Impact Assessment” on the government website which explains the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.
To make a planning application for full planning consent, you have to first contact the relevant local authority. This can either be done online via the Planning Portal or on paper using the relevant forms.
Your application must be accompanied by the necessary plans of the site, the required supporting documentation, the completed form and the fee. Once an application has been validated and registered, the local planning authority (LPA) will then publicise and consult on it.
They will also either notify your neighbours or put up a notice on or near the site. In certain cases, applications are also advertised in a local newspaper. This gives the public the opportunity to express views. The parish, town or community council will usually be notified, other bodies such as the county council, the Environment Agency and the relevant Government Office for the region may also need to be consulted.
Most planning applications are decided within eight weeks unless they are unusually large or complex – in which case the time limit is extended to 13 weeks.
When deciding whether a planning application is in line with its Development Plan, the LPA will consider the following:
- The number, size, layout, siting and external appearance of buildings
- The infrastructure available – e.g. roads and water supply – and proposed means of access
- Any landscaping requirements
- The proposed use of the development
- The likely impact on the surrounding area
A planning officer will present a recommended decision to a planning committee – made up of elected councillors. Applicants may attend these meetings and, in many cases, are entitled to speak briefly. Only the elected councillors can vote on the planning application itself. They do not always follow the planning officer’s advice. Councillors or planning officers cannot refuse a planning proposal simply because many people oppose it. If an application is refused – or granted subject to conditions – that decision must be based on the approved plans and policies of the LPA’s Development Plan. The key considerations will be whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest.
Once a decision has been reached, the LPA must give either a summary of its reasons for granting permission or detailed reasons for refusal.
If an application is refused – or granted subject to conditions – the applicant will be told in writing. They then have the right to appeal.
The earlier you bring our town planners on board, the more you will benefit from our expert advice. We recommend our involvement with your project from its inception as it helps to safeguard against potential problems at a later date, thus saving you time and money.
Rules governing outbuildings apply to summer houses, sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse.
If you are unsure if your planned building falls into the category of ‘outbuildings’ or if you are unsure if planning permission is required, please contact your local planning authority or a town planner.
Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:
- No outbuilding on land forward of a wall forming the principal elevation.
- Outbuildings and garages to be single-storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
- Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
- No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height)
- No more than half the area of land around the “original house”* would be covered by additions or other buildings.
- In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.
*The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.
Please note: The permitted development allowances described here apply to houses and not to:
- Flats and maisonettes (view our guidance on flats and maisonettes)
- Converted houses or houses created through the permitted development rights to change use (as detailed in our change of use section)
- Other buildings
- Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights.
Any plans for a conservatory will be subject to the associated neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
Adding a conservatory to your house is considered to be permitted development, not needing an application for planning permission, subject to the limits and conditions listed below.
- No more than half the area of land around the “original house”* would be covered by additions or other buildings.
- No extension forward of the principal elevation or side elevation fronting a highway.
- No extension to be higher than the highest part of the roof.
- Single-storey rear extensions must not extend beyond the rear wall of the original house* by more than eight metres if a detached house; or more than six metres for any other house. If the house is in Article 2(3) designated land* or a Site of Special Scientific Interest, this limit is reduced to four metres if a detached house; or three metres for any other house. These limits are now permanent and subject to the neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
- Maximum height of a single-storey rear extension of four metres
- Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary opposite the rear wall of the house
- Maximum eaves height of an extension within two metres of the boundary of three metres
- Maximum eaves and ridge height of extension no higher than existing house
- Side extensions to be single-storey with a maximum height of four metres and width no more than half that of the original house
- Roof pitch of extensions higher than one storey to match existing house
- No verandas, balconies or raised platforms
- On Article 2(3) designated land* no permitted development for rear extensions of more than one storey
- On Article 2(3) designated land* no cladding of the exterior
- On Article 2(3) designated land* no side extensions.
* The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.
* Article 2(3) designated land is land within:
- a conservation area; or
- an area of outstanding natural beauty; or
- an area specified by the Secretary of State for the purposes of enhancement and protection of the natural beauty and amenity of the countryside; or
- the Broads; or
- a National Park; or
- a World Heritage Site.
Please note: The permitted development allowances described here apply to houses and not to:
- Flats and maisonettes
- Converted houses or houses created through the permitted development rights to change use
- Other buildings
- Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights
- Where work is proposed to a listed building, listed building consent may be required.
Please be aware that if your development is over 100 square metres, it may be liable for a charge under the Community Infrastructure Levy
By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it’s granted to begin the development. If you haven’t started work by then, you will probably need to reapply.
The vast majority of planning applications require the submission of the standard application form, a location plan, a site or block plan, an ownership certificate, an agricultural holdings certificate, and a correct application fee at minimum. A design and access statement may be required. In addition to this, at a local level, applicants may be required to submit further information specific to the area – this often varies in accordance with development type. Local requirements may be found on the LPA’s website.
In addition to the submission of documentation, an application fee must be paid. This fee is also dependent on the type of development proposed but may be calculated using the Planning Portal’s fee calculator.
Anyone can submit planning applications for development, irrespective of the property owner, so long as the owner, or part-owner, leaseholder, agricultural tenant, or other parties financially involved with the property is informed of any proposed changes. In addition to this, all planning applications must be submitted with a certificate relating to or proving land ownership, or, that the legal owner of the property has been notified of the proposed changes.
Though applications may be made by an individual, it is advisable to appoint a planning consultant, or similar agent to assist with composition and submission, in order to ensure the process is as smooth and fast as possible.
A collection of surveys conducted between 2017 and 2019 indicate that between 27 and 34% of recent applicants for planning permission in the UK found the process difficult. One survey, conducted by Everest, revealed 32% of applicants waited three months for approval, whilst a quarter of applicants faced with denial had applied in excess of three times.
In spite of these figures, historical government data shows a significant increase in the number of approved planning applications in recent years, jumping from an approval rate of 82 to 88%.
The ease of obtaining planning permission is hugely dependent on the quality of application, alongside the area for which the development is proposed. The best way to ensure the success of your planning application is to consult an experienced planning consultant, who will assist in the development and submission of an effective, comprehensive application.
Planning application fees vary according to local authority, and further according to the size and nature of the proposed development. For example, in England, submitting an application for a new house build, or a conversion currently costs £462, with outline applications charged £462 per 0.1 hectares. It is important to note that in many cases, an additional £20 processing charge applies to those submitting documents online via the Planning Portal.
Planning consultants tasked with composing or submitting a planning application often aim to charge a fixed fee, in order to allow the client to complete their project within a set budget.
You will most likely require planning permission in order to legally proceed with a development in the UK. The main types of development for which planning application must be submitted and approved include new builds, major alterations to existing buildings, and changes of use. If work is started without planning permission, an enforcement notice will be issued to the owner of the property, followed by potential fines, or prosecution.
Planning permission is often an essential prerequisite to developments of any kind – it is highly advisable to check if it is required prior to undertaking work of any kind, or starting building. Involving a planning consultant with your development project can assist in the effective composition and submission of all documents required for planning permission, getting things moving within a shorter timeframe.
Building without planning permission is not necessarily a breach of UK regulation – however, in many instances, it is – especially in the case of significant development. Planning control breaches may result in the necessitation of the submission of a retrospective application to the local council or planning authority. If this submission is not accepted or is connected to a previously refused application for the property in question, an enforcement notice may be issued. In extreme cases, this note may stipulate that the entire structure is dismantled.
Employing a planning consultant can assist greatly in avoiding regulation breaches with regard to planning permission. Norton Taylor Nunn’s team of highly trained specialists are proud to provide consultation and advisory services relating to planning permission. Contact us today to further discuss your development.
The 10-year rule is most often used to refer to a legal loophole in UK planning regulation. If the land has been developed unlawfully, the best course of action is to submit a retrospective application – if this course is not followed, an enforcement notice may be issued listing drastic alterations that must be made to the property by law. Alternatively, if no enforcement is taken within four years of development completion, it is granted immunity from enforcement action. This loophole also exists in a 10-year form when dealing with a change of use in the property.
These loopholes are extremely risky ways of avoiding planning regulation – Norton Taylor Nunn strongly advises against the use of such methods.
Not all planning applications will require town planning application consultants
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