Do I Need Planning Permission?

Planning permission is formal approval from the Local Planning Authority for certain types of development.

The planning system controls how land and buildings are used and developed. It considers matters such as:

• The size and appearance of development.
• The effect on neighbouring properties.
• Access and parking.
• Local character.
• Heritage and conservation.
• Environmental impact.

Planning permission is not a technical approval of how the building will be constructed. Technical matters such as structural safety, insulation, ventilation and fire safety are generally dealt with through the Building Regulations.

Permitted Development Rights allow certain types of building work to proceed without a full planning application.

These rights are designed to make straightforward development easier, particularly for common household projects.

Examples may include:

• Certain single-storey extensions.
• Some loft conversions.
• Porches within specified limits.
• Certain outbuildings.
• Some alterations to windows and doors.
• Solar panels in appropriate locations.

Every category has its own conditions and limitations.

A project is not automatically permitted simply because it is described as an extension, loft conversion or garden building. Its dimensions, position, materials and effect on the property must still comply with the relevant rules.

These approvals serve different purposes.

A rear extension might qualify as Permitted Development and therefore not require a full planning application. However, it would normally still require Building Regulations approval.

Similarly, receiving planning permission does not mean that Building Regulations approval has also been granted.

Larger House Extensions

Extensions exceeding the relevant Permitted Development limits normally require a planning application.

The rules depend on factors including:

• Whether the house is detached or attached.
• The height of the extension.
• Its distance from boundaries.
• The amount of land already covered by buildings.
• Whether the extension is at the front, side or rear.

Front Extensions

Extensions projecting beyond the principal elevation of a house will often require planning permission, particularly where they face a highway.

Major Roof Alterations

Some loft conversions and roof additions fall within Permitted Development Rights, but larger alterations or changes to the principal roof slope may require permission.

New Homes

Constructing a new dwelling normally requires full planning permission.

This applies whether the new home is built on a separate plot, within a garden or by converting an existing structure where planning rules require consent.

Changes of Use

Changing how a building or piece of land is used may require planning permission.

Examples include:

• Converting a home into flats.
• Changing a commercial building into a home.
• Operating certain businesses from residential property.
• Converting agricultural buildings.

Some changes of use have their own Permitted Development routes, but conditions and prior approval requirements may apply.

Work to Listed Buildings

Listed Building Consent may be required for alterations affecting the character of a listed building.

Planning permission may also be needed depending on the work.

Development in Restricted Areas

Additional controls may apply where a property is located within:

• A conservation area.
• A National Park.
• An Area of Outstanding Natural Beauty or National Landscape.
• The Broads.
• A World Heritage Site.
• Land affected by an Article 4 Direction.

Subject to the relevant rules, common examples include:

• A modest rear extension.
• A compliant loft conversion.
• A small porch.
• A garden office used incidentally to the home.
• Certain garages or sheds.
• Some solar panel installations.
• Certain internal alterations.

Internal building work does not normally require planning permission unless it changes the use of the building or affects a listed property.

Structural alterations may still require Building Regulations approval and structural engineering input.

No.

Permitted Development Rights may be limited or unavailable in some circumstances.

This can happen where:

• The property is a flat or maisonette.
• The building is listed.
• The property lies in a protected area.
• An Article 4 Direction applies.
• Previous planning approval removed certain rights.
• The building has already been extended.
• The property was created through a conversion with restricted rights.

Flats and maisonettes do not benefit from the same householder Permitted Development Rights as houses.

Some forms of Permitted Development require the Local Planning Authority to assess specific matters before work begins.

This process is known as prior approval.

It is not the same as a full planning application, but development cannot proceed until the relevant procedure has been completed.

Prior approval may consider matters such as:

• The impact on neighbouring properties.
• Transport and access.
• Flood risk.
• Contamination.
• Design or external appearance.

The exact requirements depend on the type of development.

A Lawful Development Certificate provides formal confirmation from the Local Planning Authority that a proposed or existing development is lawful for planning purposes.

For proposed work, it can confirm that planning permission is not required because the project complies with Permitted Development rules.

An application commonly includes:

• Existing and proposed drawings.
• A site location plan.
• Supporting information.
• The relevant application fee.

A certificate is not always compulsory, but it can provide valuable evidence when selling or remortgaging the property.

Use the following process.

1. Define the Project

Confirm exactly what you plan to build or change.

Record the main dimensions, position, height, materials and intended use.

2. Check the Property

Establish:

• Whether it is a house, flat or maisonette.
• Whether it is listed.
• Whether it is in a conservation area.
• Whether an Article 4 Direction applies.
• Whether previous approvals restrict Permitted Development Rights.

3. Check the Relevant Rules

Compare the proposal against the current planning rules for that type of development.

4. Review the Planning History

Previous extensions or planning conditions can affect what is permitted.

5. Obtain Professional or Council Advice

Where the position is unclear, speak to the Local Planning Authority or a suitably qualified planning or design professional.

6. Consider an LDC

Where relying on Permitted Development Rights, consider applying for a Lawful Development Certificate.

Where planning permission is required, the typical process is:

1. 1Prepare the design.
2. 2Produce the planning drawings.
3. 3Submit the application.
4. 4The Local Planning Authority validates the application.
5. 5Consultation takes place.
6. 6The planning officer assesses the proposal.
7. 7A decision is issued.

Applications may be approved, approved with conditions or refused.

If an application is refused, the design may be amended and resubmitted, or the decision may be appealed where appropriate.

Timescales depend on the type and complexity of the application.

Straightforward householder applications are usually determined more quickly than major or complex development.

You should also allow time for:

• Preparing drawings.
• Correcting validation issues.
• Responding to planning queries.
• Discharging planning conditions.
• Revising the design if required.

Do not arrange a firm construction start date until the necessary approvals are in place.

The total cost may include:

• The application fee.
• Design fees.
• Survey costs.
• Planning consultant fees.
• Specialist reports.
• Costs associated with amendments or resubmission.

The application fee is only one part of the overall cost.

Neighbours can comment on a planning application, but they do not decide the outcome.

The Local Planning Authority assesses the proposal against planning policy and relevant planning considerations.

Issues that may be considered include:

• Loss of privacy.
• Overlooking.
• Loss of light.
• Scale and appearance.
• Traffic and parking.
• Effect on local character.

Private matters such as property value, personal disputes or loss of a private view are not normally determining planning considerations.

If planning permission was required and work proceeds without it, the Local Planning Authority may investigate.

Possible outcomes include:

• A request for a retrospective planning application.
• Enforcement action.
• A requirement to alter or remove the work.
• Difficulties selling or remortgaging the property.
• Additional professional and legal costs.

Retrospective permission is not guaranteed.