Building a new house, residential development, commercial property or mixed-use scheme usually requires planning permission. Whether you are developing a single plot or a larger site, obtaining approval is an important step before construction can begin.
New build planning permission allows the local planning authority to assess whether a proposed development is suitable for its location, design, scale and intended use. The process involves more than submitting architectural drawings. Applicants must demonstrate that the proposal complies with relevant planning policies and does not cause unacceptable harm to the surrounding area.
This guide explains when planning permission is required for a new build, what the application process involves, the documents you may need and how professional planning advice can improve your chances of a successful outcome.
What Is New Build Planning Permission?
New build planning permission is formal approval from the local planning authority to construct a new building or development. It may apply to:
- New houses and flats
- Replacement dwellings
- Commercial and industrial buildings
- Agricultural buildings
- Community facilities
- Mixed-use developments
- New access roads and associated infrastructure
- Residential developments on previously undeveloped land
- Buildings created through the subdivision or redevelopment of existing sites
Planning permission is generally required for new building operations, material changes of use and certain engineering operations. The government confirms that anyone intending to build something new will probably need planning permission unless the development benefits from a specific permitted development right or another form of authorisation. GOV.UK
Do You Need Planning Permission for a New Build?
Constructing a New Building
A new building will normally require planning permission, even where the proposed structure is relatively small. This includes new homes, commercial premises, offices, workshops and many agricultural buildings.
The need for permission depends on the nature and scale of the proposed works. Planning legislation defines development broadly to include building operations, engineering operations and material changes of use.
Replacing an Existing Building
Replacing an existing building with a new structure may also require planning permission. A replacement building is not automatically treated as a repair or like-for-like alteration.
The local planning authority may assess:
- The size and footprint of the replacement building
- Its height and external appearance
- Whether the use will remain the same
- The effect on neighbouring properties
- The effect on the character of the area
- Whether the proposal represents a substantial increase in development
Converting Land into a Building Plot
Land that is currently used as a garden, agricultural field, paddock, commercial yard or open space may require planning permission before it can be developed.
In some cases, the main issue will be the principle of development. The local planning authority may need to consider whether the site is suitable for the proposed use and whether the development complies with the local plan.
Types of New Build Planning Application
Full Planning Permission
A full planning application provides detailed information about the proposed development. It usually includes the building’s design, layout, access, appearance, landscaping and intended use.
Full planning permission is often appropriate where:
- The design has already been prepared
- The applicant wants certainty before construction
- The development is complex or sensitive
- The proposal involves a new dwelling or several new buildings
- The local planning authority needs detailed information to assess the impact
A full application allows the council to consider the proposal in detail and may result in planning conditions controlling how the development is carried out.
Outline Planning Permission
An outline planning application establishes whether the principle of development is acceptable without necessarily providing every detailed design element.
The application may seek approval for matters such as:
- The proposed use
- The amount of development
- The approximate location of buildings
- Access arrangements
- The general scale of the development
Some details, known as reserved matters, can be submitted at a later stage. These may include appearance, landscaping, layout and scale, depending on what was reserved in the outline application.
Outline permission can be useful for landowners who want to establish the development potential of a site before investing in detailed design work.
Reserved Matters Applications
Where outline planning permission has been granted, a reserved matters application is required before development can proceed on the matters that were not approved at the outline stage.
Reserved matters may relate to:
- Appearance
- Landscaping
- Layout
- Scale
- Access
The reserved matters proposal must remain within the parameters of the outline permission and comply with any relevant planning conditions.
What Will the Local Planning Authority Consider?
The local planning authority will assess the application against the development plan and other relevant material considerations. The government states that councils may consider the number, size, layout, siting and appearance of buildings, available infrastructure, landscaping, the proposed use and the effect on the surrounding area.
Local Planning Policies
The proposal should be assessed against the relevant local plan, neighbourhood plan and other applicable planning policies.
Planning policies may address:
- Housing supply
- Design and character
- Settlement boundaries
- Green Belt
- Countryside protection
- Employment land
- Heritage assets
- Flood risk
- Biodiversity
- Transport and highways
- Affordable housing
- Community infrastructure
Planning permission must generally be determined in accordance with the development plan unless material considerations indicate otherwise.
Design and Appearance
The design of a new building is a significant planning consideration. The council may assess:
- Building height
- Scale and massing
- Roof design
- Materials
- Windows and doors
- Relationship with neighbouring buildings
- Street frontage
- Landscaping
- Visual impact
A well-designed proposal should respond positively to the character of the surrounding area rather than appearing out of place.
Residential Amenity
Where the development is close to existing homes, the council may consider its effect on neighbouring residents.
Potential concerns include:
- Loss of privacy
- Overlooking
- Overshadowing
- Loss of daylight or sunlight
- Noise
- Disturbance
- Overbearing development
- Loss of outlook
- Increased activity
The impact will depend on the location, design and relationship between the proposed building and nearby properties.
Highways and Access
A new build may require a new vehicle access, additional parking or changes to an existing road. The local planning authority may therefore assess:
- Highway safety
- Visibility splays
- Parking provision
- Vehicle manoeuvring
- Traffic generation
- Pedestrian access
- Cycle storage
- Refuse collection
- Emergency access
For larger developments, a transport statement or transport assessment may be required.
Drainage and Flood Risk
The application may need to demonstrate that the site can be appropriately drained and that the development will not increase flood risk elsewhere.
Depending on the location, supporting information may include:
- Flood Risk Assessment
- Drainage strategy
- Surface water management proposals
- Sustainable drainage system details
- Water management information
Sites within flood-risk areas may face additional restrictions and evidence requirements.
Ecology and Biodiversity
New development can affect habitats, protected species, trees and biodiversity. An ecological survey may be required where there is potential for environmental harm.
The application may need to address:
- Protected species
- Existing habitats
- Trees and hedgerows
- Biodiversity net gain
- Wildlife corridors
- Ecological mitigation
- Habitat creation or enhancement
The extent of ecological information required will depend on the site and the proposed development.
What Documents Are Required for a New Build Planning Application?
The exact requirements vary depending on the local authority, location and type of development. However, a typical application may include:
- Completed planning application form
- Location plan
- Site plan
- Existing and proposed floor plans
- Existing and proposed elevations
- Roof plans
- Block plan
- Design and Access Statement, where required
- Planning statement
- Ownership certificate
- Agricultural land declaration, where applicable
- Transport statement or assessment
- Flood Risk Assessment
- Drainage strategy
- Ecological survey
- Tree survey
- Heritage statement
- Energy or sustainability statement
- Landscape proposals
- Viability information
- Community Infrastructure Levy information
The government’s application guidance confirms that a valid application generally requires the correct application form, national information requirements, the appropriate fee and any relevant local information requirements.
Planning Drawings
Accurate drawings are essential because they show the council exactly what is being proposed. They should clearly identify:
- The site boundaries
- Existing buildings
- Proposed buildings
- Dimensions
- Access points
- Parking spaces
- Landscaping
- Relationship with neighbouring properties
Incomplete or inconsistent drawings can delay validation or create difficulties during the assessment process.
Planning Statement
A planning statement explains why the proposal is acceptable in planning terms. It may address:
- Relevant national planning policies
- Local plan policies
- The principle of development
- Design and character
- Access and parking
- Residential amenity
- Environmental considerations
- Sustainability
- Planning benefits
A strong planning statement should directly respond to the policies and issues most relevant to the site.
The New Build Planning Permission Process
Step 1: Assess the Site
Before preparing an application, review the site’s planning history, local policies, constraints and surrounding development.
Important matters may include:
- Whether the site is within a settlement boundary
- Whether it is located in the Green Belt
- Whether it is in a conservation area
- Whether the site contains listed buildings or heritage assets
- Whether it is affected by flood risk
- Whether trees or protected habitats are present
- Whether access can be safely provided
Step 2: Obtain Pre-Application Advice
Many local authorities offer a pre-application advice service. This allows an applicant to obtain an initial view of the proposal before submitting a formal application.
Pre-application discussions may help identify:
- Key planning objections
- Missing technical information
- Design changes
- Policy conflicts
- Infrastructure requirements
- Likely planning conditions
Pre-application advice does not guarantee that permission will be granted, but it can help reduce avoidable problems.
Step 3: Prepare the Application
The application should be supported by drawings, statements and technical reports proportionate to the scale and complexity of the development.
For larger or sensitive schemes, early engagement with the council, consultees and the local community may be beneficial.
Step 4: Submit the Application
Applications are usually submitted electronically through the local planning authority or the Planning Portal. The council will check whether the application is valid.
If information is missing, the council may request additional documents before the application can be validated.
Step 5: Public Consultation
Once validated, the application may be publicised through the council’s website, site notices, neighbour notifications or other methods.
Members of the public may submit comments. However, planning decisions are based on planning considerations rather than simply the number of objections or expressions of support.
Step 6: Decision
The council will assess the application against relevant planning policies and material considerations. Most applications are determined within eight weeks, while unusually large or complex applications generally have a longer statutory period. GOV.UK
The decision may be:
- Planning permission granted
- Planning permission granted subject to conditions
- Planning permission refused
- The application withdrawn
- The application referred to another authority or decision-maker
How Much Does New Build Planning Permission Cost?
The cost of a new build planning application depends on the type, size and location of the development.
Potential costs include:
- Planning application fee
- Architect or architectural technician fees
- Planning consultant fees
- Survey costs
- Structural design fees
- Ecological surveys
- Tree surveys
- Flood risk assessments
- Transport assessments
- Drainage reports
- Heritage assessments
- Legal advice
- Community Infrastructure Levy
- Section 106 planning obligations
For larger developments, the council may seek planning obligations to mitigate the impact of the proposal. Planning obligations must be necessary, directly related to the development and fairly and reasonably related in scale and kind.
Planning permission costs should therefore be assessed as part of the overall development budget rather than treated as a single application fee.
What Happens If New Build Planning Permission Is Refused?
A refusal may be issued where the council considers that the proposal conflicts with planning policies or would cause unacceptable harm.
Common reasons for refusal include:
- Inappropriate location
- Poor design
- Harm to the character of the area
- Inadequate access
- Insufficient parking
- Flood risk
- Harm to protected trees or habitats
- Loss of residential amenity
- Green Belt concerns
- Lack of supporting information
- Failure to provide required infrastructure contributions
Revising the Proposal
In some cases, the most practical response is to amend the proposal and submit a revised application. This may involve:
- Reducing the size of the building
- Changing the layout
- Improving access
- Increasing parking
- Altering the design
- Providing additional landscaping
- Addressing technical concerns
Appealing the Decision
Where planning permission is refused, the applicant may have a right of appeal. An appeal should address the reasons for refusal and demonstrate why the development should be approved.
The appeal process may involve written representations, a hearing or a public inquiry, depending on the nature and complexity of the case.
How Charrette Law Can Help
New build planning permission can involve complex planning, legal and technical issues. Charrette Law can assist landowners, developers and property owners with:
- Initial planning advice
- Site and policy assessments
- Planning strategy
- Pre-application advice
- Planning applications
- Planning statements
- Planning appeals
- Planning conditions
- Section 106 agreements
- Development viability
- Green Belt and countryside development
- Agricultural and rural development
- Planning enforcement matters
Professional advice at an early stage can help identify risks, improve the quality of the proposal and avoid unnecessary expenditure on an unsuitable scheme.
Conclusion
New build planning permission is an essential requirement for most new construction projects in England. Approval depends on more than the quality of the architectural design. The proposal must be suitable for its location, comply with relevant planning policies and address matters such as access, drainage, ecology, design and residential amenity.
A carefully prepared application supported by the correct drawings, statements and technical reports can improve the prospects of a successful decision. Where a proposal is complex or the site is affected by planning constraints, obtaining professional planning advice before submission can be particularly valuable.
Frequently Asked Questions
Do I need planning permission to build a new house?
Yes. A new house will normally require planning permission unless a specific legal exemption or permitted development right applies.
Can I apply for planning permission before buying land?
Yes. You may be able to submit an application or seek pre-application advice before purchasing land. However, you must have the necessary legal interest or notify the relevant landowners as required.
Can I build a new home in my garden?
A new garden dwelling usually requires planning permission. The council will consider matters such as the relationship with the existing house, access, privacy, design, parking and local planning policies.
Is outline planning permission enough to start building?
No. Outline permission generally establishes the principle of development. Reserved matters and any other required approvals must usually be obtained before construction begins.
How long does new build planning permission take?
Most applications are normally decided within eight weeks after validation. Larger or more complex applications may take longer, particularly where additional information or an extension of time is required.
Can planning permission be granted subject to conditions?
Yes. Conditions may control matters such as materials, landscaping, drainage, construction details, access, tree protection and the timing of development.
What happens if I build without planning permission?
The council may take enforcement action, which can include requiring the unauthorised development to be altered or removed. It is important to establish whether permission is required before starting work.
