Planning – your rights and obligations – ‘simples’.

In certain cases your building work can be carried out without planning permission. This is either because it does not fall within the statutory definition of ‘development’ or, if it does; it has the benefit of what are called ‘permitted development rights’.

You will need to check with your planning advisor or the relevant local planning authority (LPA) to see if your proposed building work requires planning permission. If you have to obtain planning permission, then you are not only entitled to have pre-application discussions with the planning officer but you are also entitled to receive guidance from him/her on the application process.

Once you have submitted an application for planning permission you are entitled to a full and impartial determination of your application (with reasons) within eight weeks. If your application falls into the ‘major application’ category then the time period is 13 weeks. This determination may be by the Planning Committee (to which you have the right to attend and may also be able to address) but very often it is by the planning officer acting under delegated authority.

If your application is not determined within the relevant period; is refused; or is granted subject to unacceptable conditions then, you have a right to appeal to the Secretary of State for Communities and Local Government. That appeal may be determined by an Inspector appointed by the Secretary of State in one of three ways namely: written representations (i.e. on the papers); informal hearing; or by way of a formal public inquiry with witnesses being subject to cross-examination. The Planning Inspectorate will determine the method of determination by reference to its published criteria, although you can make representations in respect thereof and challenge in the High Court, by way of judicial review. If your appeal falls within the 'householder' application category it is determined by way of an expidited written representations procedure. 

You need to establish whether planning permission is required for any proposed building work before starting the work. You should also make enquiries as to whether any other approvals are required e.g. building regulation approval, tree preservation order consents, conservation area consents or listed building consents. This is particularly important given the criminal sanctions that may apply in default.

You must comply with all of the requirements of the law and you are under a duty to contact your LPA if you have a planning query. You should not attempt to conceal any development from the LPA as this may have potentially damaging consequences not least of which if and when you come to sell your property on.

If you do have to submit an application for planning permission then you should do so properly and completely, supporting all of your statements with all of the relevant documents. If you don’t do so and don’t comply with both the national and any local information requirements then your application may not be validated and this may lead to delay or even rejection.

Obviously, you will have to pay the necessary application fees (if any) for your application.

Finally, if you are granted planning permission, you must start work within the relevant time provided for in the conditions and make sure that you comply with all of the other requirements set out in the decision notice. 

If you require advice on the specifics of your own development proposal please do not hesitate to contact me at my day job.