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Planning Application Advice | Charrette Law
Applying for planning permission can often be the difference between the fulfilment or failure of your property ambitions. Whether you are a homeowner wishing to embark on an extension, a developer working on a new housing scheme, or a business seeking to change the use of premises, navigating the complexities of the planning application process can seem daunting. This comprehensive article will serve as an in-depth guide to planning application advice, charting each stage, demystifying jargon, and highlighting the ways professional guidance can ensure your planning journey is smooth and successful.
What is a Planning Application?
A planning application is a formal request made to your Local Planning Authority (LPA) for permission to carry out development or alteration works to land or buildings. Seeking approval is a legal requirement for many types of development in the UK, controlling the way towns, villages, and landscapes evolve over time. The rules around what needs permission, and how applications are assessed, are set out in the Town and Country Planning Act 1990 and subsequent legislation.
Some smaller building projects and certain changes of use benefit from what is known as ‘permitted development rights,’ meaning you may not need to apply for planning approval. However, for most projects that alter the use, appearance or footprint of a building, or propose new builds, a planning application will be necessary.
When is Planning Permission Required?
Understanding when to apply is a key aspect of sound planning application advice. Generally, you will need to submit a planning application for:
- New houses, apartments or commercial buildings
- Major alterations or extensions to existing buildings
- Change of use (for example, commercial to residential)
- Engineering operations – such as mining or groundworks
- Works affecting a listed building or in a conservation area
- Installing advertisements or signage
- Trees subject to a Tree Preservation Order (TPO)
Permitted development rights allow for some minor alterations or extensions to residential properties without formal permission; however, there are important limitations and exceptions, particularly in conservation areas or to listed buildings. Before proceeding, always seek professional planning application advice or check with your Local Planning Authority.
Types of Planning Applications
There are several different types of planning applications. Each has its own requirements and implications, making it essential to submit the right application for your project.
- Full Planning Application: The most common type, providing all necessary details about the proposed development.
- Outline Planning Application: Seeks to establish whether a development is acceptable in principle, with further details to be agreed via ‘reserved matters’ at a later stage.
- Householder Application: Used for comments or extensions to a single dwelling (not flats or maisonettes) where permitted development rights don’t apply.
- Change of Use Application: Necessary where the intended use for land or buildings fundamentally changes.
- Listed Building or Conservation Area Consent: Required for works affecting protected heritage assets.
- Non-Material Amendment and Lawful Development Certificate: For minor tweaks or to confirm whether existing or proposed works are lawful.
Pre-Application Planning Advice
Obtaining pre-application advice from your Local Planning Authority can significantly improve your chances of success. This process allows applicants to present draft proposals and receive feedback before submitting a formal application. Key advantages of pre-application discussions include:
- Clarification of likely planning constraints and policies affecting your site
- Identification of issues that may lead to refusal, enabling amendment before submission
- Understanding required supporting documents (such as heritage or ecology reports)
- Enhancing communication and transparency with planning officers
- Reducing the risk of delays owing to insufficient information
Most authorities charge for this service, but the investment can result in overall time and cost savings in the long run.
Assembling Your Planning Application
A successful planning application rests on attention to detail and comprehensive documentation. Required elements typically include:
- Application Form: Usually completed online via the Planning Portal or your LPA’s website.
- Location and Site Plans: Ordnance Survey based plans at specified scales showing the site context and proposed works.
- Supporting Drawings: Elevations, sections, and floor plans illustrating the proposal.
- Ownership Certificates: Legal forms confirming the applicant’s status regarding the land.
- Design and Access Statement: (If required) Explains design principles, site context and accessibility.
- Heritage, Transport or Environmental Assessments: For larger, complex, or sensitive sites.
- Application Fee: Payable to the LPA, amount depending on proposal type.
Submitting clear, well-drawn, and accurate plans is critical to achieving a timely and favourable outcome.
Submitting Your Planning Application
Most planning applications in England and Wales are now made online, streamlining the process and allowing applicants to track progress. Some common steps include:
- Registration: Once submitted, the LPA will check that your application is complete and may request additional information.
- Validation: Your application will be ‘validated’ if all required information and fees are provided, and a reference number issued.
- Consultation and Publicity: Neighbours, statutory consultees, and the parish or town council will be notified, and relevant documents made publicly available.
- Determination: The planning case officer will assess your proposal alongside local and national policies, consultees’ responses, and public comments.
Decisions are usually issued within 8 weeks for minor applications and 13 weeks for major developments. Occasionally, you may be asked to supply additional information if queries are raised.
Understanding Planning Policies
A crucial component of planning application advice involves interpreting relevant planning policies. Each LPA is governed by a hierarchy of planning policy documents, including:
- National Planning Policy Framework (NPPF): Sets out overarching planning principles for England.
- Local Plans: The primary policy document setting out development frameworks for the LPA’s area.
- Neighbourhood Plans: Locally produced plans with specific community priorities.
- Supplementary Planning Documents (SPDs): Add detail such as design, parking, or affordable housing requirements.
Successful planning applications evidence how the scheme aligns with these policies and addresses the key issues highlighted in them, such as design quality, sustainability, access, and the impact on neighbours and the environment.
Common Reasons for Planning Refusal
Despite robust preparation, some planning applications are refused. Understanding the main grounds for refusal can help avoid common pitfalls. These may include:
- Harm to amenity: Loss of privacy, overshadowing, or affecting outlook of neighbours.
- Design and appearance: Incompatibility with the character of the area or poor-quality design.
- Highway issues: Insufficient parking or traffic impacts.
- Failure to comply with relevant policies: Contradicting the local plan or supplementary guidance.
- Inadequate information: Omitting key plans or assessments can cause refusals.
- Impact on protected heritage or ecology: Adversely affecting listed buildings, conservation areas or protected habitats.
Prompt expert support can help you amend, resubmit, or appeal your application if it’s refused for any of these reasons.
Planning Appeals – Your Next Steps
If your planning application is refused, you usually have the right to appeal to the Planning Inspectorate. Appeals must generally be lodged within six months of the decision notice. Grounds for appeal can include the refusal itself, conditions attached to a permission, or the failure of the LPA to issue a decision within the statutory timeframe.