Buying or owning land does not automatically mean that it can be developed. Whether you are considering building a house, developing commercial premises, changing the use of land or promoting land for future development, understanding the planning position is essential.
Planning permission can be one of the most important issues affecting the value and potential of a piece of land. A site may appear suitable for development, but restrictions relating to planning policy, Green Belt designation, access, flooding, environmental constraints or neighbouring properties could affect what can realistically be built.
For landowners and developers, identifying planning issues at an early stage can help avoid investing significant time and money in land that may be difficult to develop.
At Charrette Law, we advise landowners, property owners and developers on planning and development-related matters, including planning applications, land development, planning appeals, planning objections and property issues affecting development.
What Is Land Planning Permission?
Land planning permission refers to the approval required to carry out certain types of development on land.
Development can include:
- Building new homes
- Commercial development
- Industrial development
- Agricultural buildings
- Changes of use
- Holiday accommodation
- Land subdivision
- Extensions to existing buildings
- Infrastructure works
The need for planning permission will depend on the nature of the proposed development and the planning status of the land.
Some works may benefit from permitted development rights, while others will require a formal planning application.
It is therefore important to establish the planning position before purchasing land or starting development.
Do You Need Planning Permission to Build on Land?
In many cases, yes.
Constructing a new building or carrying out a material change of use will generally require planning permission unless a specific permitted development right applies.
However, there is no single answer that applies to every site.
The planning position may depend on:
- The location of the land
- The existing lawful use
- The type of development proposed
- Local planning policies
- Environmental designations
- Green Belt status
- Access arrangements
- Flood risk
- Heritage considerations
A site that appears undeveloped or vacant is not automatically available for development.
How Do You Check if Land Has Planning Permission?
Before purchasing or developing land, it is important to investigate its planning history and current planning status.
Check the Planning History
The Local Planning Authority’s planning portal may contain information about previous planning applications affecting the land.
Previous applications can provide useful information about:
- Planning permissions granted
- Applications refused
- Previous proposed uses
- Planning conditions
- Reasons for refusal
However, a previous refusal does not necessarily mean that all future development will be refused. Equally, a previous permission does not automatically mean that a different development will be acceptable.
Review the Local Plan
The Local Plan can provide important information about how land is expected to be used and developed.
Planning policies may identify land for particular purposes, such as:
- Housing
- Employment
- Commercial development
- Green infrastructure
- Open space
- Agriculture
The planning designation of a site can have a significant effect on its development potential.
Consider Planning Constraints
Land may be affected by planning or environmental constraints.
These can include:
- Green Belt designation
- Conservation areas
- Flood risk
- Listed buildings
- Protected habitats
- Areas of Outstanding Natural Beauty
- National Parks
- Tree preservation orders
- Archaeological constraints
Identifying these issues early can help determine whether further reports or assessments may be required.
Can You Get Planning Permission Before Buying Land?
Potentially, yes.
A person does not always need to own land before submitting a planning application.
This can allow a prospective purchaser or developer to investigate the planning potential of land before completing a purchase.
However, planning permission does not automatically resolve all property or legal issues affecting the site.
For example, a development may still be affected by:
- Rights of way
- Easements
- Restrictive covenants
- Land ownership issues
- Access rights
- Third-party property rights
It is therefore important to consider both planning matters and private property rights before proceeding.
What Types of Development Can Be Proposed on Land?
The potential use of land will depend on its location, planning designation and physical characteristics.
Residential Development
Landowners may seek planning permission for:
- Individual houses
- Housing developments
- Apartments
- Affordable housing
- Retirement accommodation
Residential development proposals may need to address matters such as design, density, access, parking and the impact on neighbouring properties.
Commercial Development
Commercial land development may include:
- Offices
- Retail premises
- Restaurants
- Leisure facilities
- Warehousing
- Business parks
The Local Planning Authority may consider the proposed use, traffic impact, parking, access and relationship with neighbouring properties.
Agricultural and Rural Development
Agricultural land can sometimes be developed for purposes connected with farming or rural diversification.
Potential projects may include:
- Agricultural buildings
- Farm shops
- Holiday accommodation
- Agritourism
- Glamping
- Rural businesses
However, describing a proposal as farm diversification does not automatically remove the need for planning permission.
Change of Use
Planning permission may be required where land is proposed to be used for a materially different purpose.
For example, changing agricultural land to a commercial, residential or tourism use could create a material change of use requiring planning permission.
The specific circumstances and applicable planning rules should be carefully considered.
What Will the Local Planning Authority Consider?
A planning application for land development will generally be assessed against the development plan and other material planning considerations.
The issues considered will depend on the type and scale of the proposal.
Access and Highway Safety
A proposed development must have appropriate access.
The Local Planning Authority and highway authority may consider:
- Site access
- Road safety
- Visibility
- Traffic generation
- Parking
- Pedestrian safety
- Emergency access
Land without suitable access may face significant development challenges.
Flood Risk and Drainage
Flood risk can affect whether and how land can be developed.
Planning applications may need to consider:
- Flood zones
- Surface water flooding
- Drainage
- Sustainable drainage systems
- The effect of development on neighbouring land
Flood risk assessments may be required depending on the location and nature of the proposal.
Environmental and Ecological Issues
Land development can affect biodiversity and the natural environment.
Potential issues may include:
- Protected species
- Trees
- Habitats
- Biodiversity
- Watercourses
- Landscape character
Ecological surveys or other specialist assessments may be needed before an application can be determined.
Impact on Neighbouring Properties
The Local Planning Authority may consider how a proposed development affects neighbouring occupiers.
Potential concerns include:
- Overlooking
- Loss of privacy
- Loss of light
- Overshadowing
- Noise
- Visual impact
- Overbearing development
The scale, design and position of proposed buildings can therefore be important.
Land Planning Permission and Green Belt Land
Green Belt land is subject to additional planning restrictions.
This does not necessarily mean that development is impossible, but proposals may need to demonstrate compliance with relevant Green Belt planning policies.
Can You Build on Green Belt Land?
Some forms of development may be possible depending on the circumstances.
However, inappropriate development in the Green Belt can face significant planning challenges.
Relevant considerations may include:
- The type of development
- The impact on openness
- The purpose of the Green Belt
- Whether an existing building can be reused
- The availability of exceptions or other policy considerations
Professional advice can help assess the potential planning position before significant investment is made.
How Does the Land Planning Permission Process Work?
The planning process can vary depending on the proposal, but several stages are commonly involved.
Step 1: Assess the Development Potential
Before preparing an application, it is useful to assess whether the proposed development is likely to be supported by planning policy.
This may involve reviewing:
- The Local Plan
- Planning history
- Site constraints
- Environmental designations
- Access
- Development potential
Step 2: Obtain Pre-Application Advice
Some Local Planning Authorities offer pre-application advice.
This can provide an opportunity to obtain early feedback before submitting a full planning application.
Pre-application advice is not normally a guarantee that permission will be granted, but it may help identify potential concerns.
Step 3: Prepare Supporting Documents
Depending on the proposal, an application may require:
- Planning statements
- Architectural drawings
- Design and access statements
- Transport assessments
- Flood risk assessments
- Ecological surveys
- Heritage statements
- Tree surveys
The documents required will depend on the site and the nature of the proposed development.
Step 4: Submit the Planning Application
Once the necessary information has been prepared, the planning application can be submitted to the relevant Local Planning Authority.
The authority may consult statutory bodies, neighbouring occupiers and other interested parties.
Step 5: Planning Decision
The Local Planning Authority will assess the application and decide whether to:
- Grant planning permission
- Grant permission subject to conditions
- Refuse permission
Where permission is granted, it is important to review any planning conditions carefully.
How Much Does Land Planning Permission Cost?
The cost of obtaining planning permission can vary significantly.
The planning application fee may represent only part of the overall cost.
Planning Application Fees
The application fee will depend on the type and scale of the proposed development.
Professional Fees
Professional costs may include fees for:
- Planning consultants
- Architects
- Surveyors
- Solicitors
- Highway consultants
- Ecologists
- Flood risk specialists
Technical Reports
Some land development projects require specialist reports or surveys.
These requirements can increase the overall cost, particularly where the site has environmental, access or technical constraints.
Planning Obligations and Infrastructure
Larger developments may involve additional obligations or infrastructure requirements.
These could include contributions, highway works or other development-related costs.
What Happens if Planning Permission for Land Is Refused?
A planning refusal does not necessarily mean that the land has no development potential.
The next steps will depend on the reasons for refusal.
Review the Reasons for Refusal
The decision notice should explain why the Local Planning Authority refused permission.
The reasons may relate to:
- Conflict with planning policy
- Highway safety
- Flood risk
- Environmental impact
- Design
- Impact on neighbouring properties
Understanding these reasons is important before deciding what to do next.
Consider a Revised Application
In some circumstances, it may be possible to amend the proposal and submit a revised application.
Changes could involve reducing the scale of development, improving access or providing additional technical information.
Consider a Planning Appeal
Where a statutory right of appeal exists, an applicant may be able to challenge the planning decision through the planning appeal process.
The most appropriate option will depend on the circumstances and reasons for refusal.
How Can You Increase the Chances of Obtaining Land Planning Permission?
There is no guarantee that planning permission will be granted.
However, early preparation can help identify and address potential issues.
Understand the Site Before Buying
Investigating the planning history, policy position and site constraints before purchasing land can reduce the risk of unexpected problems.
Address Planning Constraints Early
Issues such as flood risk, access, ecology and heritage should be identified as early as possible.
Leaving important issues until after an application is submitted can cause delays.
Obtain Professional Advice
Complex development proposals may benefit from advice from planning and property professionals.
Early advice can help identify the most appropriate planning strategy.
How Charrette Law Can Help With Land Planning Permission
Land development can involve a combination of planning and property issues.
At Charrette Law, we advise landowners, property owners and developers on matters affecting proposed development.
Planning Applications
We can provide advice and support in relation to planning applications and development proposals.
Planning Appeals
We can assist where planning permission has been refused and an appeal or alternative strategy is being considered.
Land and Property Rights
We advise on property matters that may affect land development, including easements, rights of way and restrictive covenants.
Development and Planning Matters
We can assist clients with planning and property issues affecting residential, commercial and rural development.
Get Advice on Land Planning Permission
Obtaining planning permission for land can be an important step in unlocking its development potential.
However, ownership of land does not automatically provide a right to build or change its use.
The planning position can be affected by local policies, site constraints, environmental issues, access arrangements and private property rights.
Understanding these matters before purchasing or developing land can help reduce risk and avoid unnecessary costs.
Conclusion
Land planning permission can significantly affect the value, use and development potential of a site.
Before purchasing land or investing in a development proposal, it is important to understand whether planning permission is required and what factors could affect the Local Planning Authority’s decision.
Issues such as planning policy, Green Belt restrictions, access, flood risk, ecology and neighbouring properties can all influence the prospects of a successful application.
Early investigation and professional advice can help landowners and developers identify potential obstacles and develop an appropriate planning strategy.
If you are considering buying land, developing a site or applying for land planning permission, contact Charrette Law for professional guidance on planning, development and related property matters.
Frequently Asked Questions About Land Planning Permission
Do I Need Planning Permission to Build on Land?
In many cases, yes. New buildings and material changes of use will often require planning permission unless a relevant permitted development right applies.
Can I Apply for Planning Permission Without Owning the Land?
Potentially. You do not always need to own land before applying for planning permission, although relevant ownership requirements must be addressed as part of the application process.
How Do I Find Out if Land Can Be Developed?
You can review the planning history, Local Plan, planning designations and site constraints. Professional planning advice may also help assess development potential.
Can I Build on Agricultural Land?
Potentially, but the planning position will depend on the proposed development and relevant planning policies. Agricultural land does not automatically have permission for residential or commercial development.
Can I Build on Green Belt Land?
Development may be possible in certain circumstances, but Green Belt policy creates additional planning restrictions and proposals must be assessed against the relevant policies.
How Much Does Land Planning Permission Cost?
Costs can include planning application fees, professional fees and specialist surveys or technical reports. The total cost will depend on the complexity of the site and proposed development.
What Happens if Planning Permission Is Refused?
Depending on the circumstances, you may be able to submit a revised application, provide further information or pursue a planning appeal where a statutory right exists.
Can Charrette Law Help With Land Planning Permission?
Yes. Charrette Law Firm and Expert Planning Services in UK can advise landowners and developers on planning applications, planning appeals, property rights and legal issues affecting land development.
