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Planning Permission Application Process | Charrette Law
Seeking planning permission is a critical step when looking to develop, extend, or change the use of a property or land in the UK. The planning permission application process can often be perceived as daunting, but understanding the steps involved ensures better outcomes and fewer delays. At Charrette Law, we have assisted numerous clients in navigating the complexities of the planning system, ensuring a greater chance of success with their applications. In this comprehensive guide, we break down the planning permission application process, providing clarity on each stage, offering tips and highlighting where professional assistance can make a significant difference.
Understanding Planning Permission
Planning permission is consent from the local planning authority (usually the local council) to carry out building works, alterations, or a change of use on a specified property or land. This system is put in place to control development, manage environmental impact, maintain aesthetic standards, and protect green spaces and historical sites. Planning permission is required for a wide range of projects, including new constructions, major extensions, significant renovations, and changing the purpose of a building or piece of land.
There are some minor works that fall under “permitted development rights” and do not require a formal application. However, it is always prudent to check with your local planning authority before commencing any construction to avoid potential enforcement actions or legal complications down the line.
Do You Need Planning Permission?
Before entering the planning permission application process, ascertain whether your project requires consent from the local planning authority. Not all building works or changes of use necessitate planning permission due to permitted development allowances. These typically include small-scale extensions, certain loft conversions, and some internal alterations.
However, these allowances are stricter for properties in conservation areas, areas of outstanding natural beauty, national parks, listed buildings, and flats. It is always advisable to consult your local planning office’s website or engage a planning professional to understand your obligations.
Pre-Application Consultation
Although not mandatory, a pre-application consultation with the planning department can be valuable. During this stage, you discuss your plans with a duty planning officer and receive preliminary feedback on the likelihood of gaining permission and any local considerations. You may be advised about key points that could strengthen your application or potential issues that could lead to rejection.
In some areas, this service attracts a fee, but it can save time and expense by reducing the chances of submitting an unviable or incomplete planning application.
Assembling Your Application
Preparing a comprehensive and accurate planning application increases the chances of a positive outcome. Depending on the local authority, this can typically be done online via their planning portal or through the national Planning Portal.
Standard requirements for a planning application include:
- Application Form: Completed with details of the applicant and the proposed development.
- Site Location Plan: A map showing the site and immediate surrounding area. This plan highlights the boundaries of the property.
- Block Plan: This gives further detail to the site location plan, depicting the proposed work in relation to other buildings and features.
- Existing and Proposed Plans: Drawings illustrating the present state and the future appearance after the proposed work.
- Design and Access Statement: For larger or sensitive applications, this outlines the rationale behind the development and how it responds to its context, including access for people with disabilities.
- Application Fee: Payment of the requisite planning fee, varying by project size and type.
Some projects may also require specialist reports, such as ecological impact, heritage statement, flood risk assessment, or tree surveys, particularly for developments in sensitive areas.
Submission of the Application
Once your application package is complete, you submit it to your local planning authority, usually through the local council’s online portal. You’ll receive confirmation of receipt and, shortly after, an official validation letter confirming that the application has all the necessary documentation to proceed.
It is important to ensure the submission is as detailed and accurate as possible. Incomplete or unclear applications may be invalidated, risking significant delays.
Application Validation
Following submission, the local planning authority reviews the documentation to ensure everything is complete. Validation is the process where your application is checked against national and local requirements. If further information is needed or parts of the application are missing, you will be contacted for clarification or to provide additional information.
Only once the application is validated does the decision-making period officially begin.
Public Consultation and Notifications
Most applications are subject to public consultation. Neighbours and other stakeholders are notified and provided a chance to comment, typically via site notices, letters to adjacent properties, or local press announcements.
The consultation period usually lasts 21 days. All comments and objections received are considered as material planning considerations by the planning officer assessing your application.
It is prudent to discuss your plans with neighbours beforehand to reduce the risk of objections or misunderstandings at this stage.
Liaising with Statutory Consultees
Certain developments may require formal input from statutory consultees, such as highways authorities, the Environment Agency, heritage bodies, or ecological consultees. Their feedback can have a significant bearing on the application’s outcome. For example, an application near a main road would require assessment from the highways authority concerning traffic impact and road safety.
These consultations take place concurrently with the public consultation phase and form part of the planning officer’s assessment.
Consideration by the Planning Officer
After the consultation period closes, a planning officer will review your application, all supporting documents, consultation responses, and public comments. The assessment is made based on compliance with local planning policy, the National Planning Policy Framework (NPPF), and any other relevant material considerations.
The planning officer may reach out for minor clarifications or suggest conditions that must be met for permission to be granted. In some cases, the planning authority may request amendments to the design or submission of further documents and plans.
The officer prepares a written report summarising the facts, issues, responses received, and a recommendation for approval or refusal.
Committee or Delegated Decision
Many straightforward applications are decided by the planning officer under ‘delegated powers’. More contentious or significant applications are referred to the planning committee made up of local councillors who meet to deliberate on such applications, sometimes hearing statements from applicants and objectors.
Whether the decision is delegated or determined at committee, the outcome is issued via a formal decision notice. This outlines if planning permission is granted or refused and sets out any conditions attached to the consent or reasons for refusal.
Outcome: Approval or Refusal
Upon approval, you may commence development, subject to compliance with any pre-commencement or ongoing conditions (for example, materials to be used or timings on the works). Make sure to note any conditions in the decision notice, as non-compliance can invalidate the permission or lead to enforcement action.
If refused, the notice will outline the specific reasons. You then have options to amend and resubmit the proposal or appeal against the decision as explained below.
Appeals Process
If planning permission is refused or you are dissatisfied with the conditions imposed, you have the right to appeal. Appeals are administered by the Planning Inspectorate. Submissions can be made online, and an independent inspector reviews all documentation, site history, relevant policies, and arguments from both the applicant and the planning authority.
Appealing can be a lengthy process — taking several months, depending on the complexity. Grounds for appeal must be robust, focusing on planning merits and legal interpretations, rather than dissatisfaction with the local authority alone.
In some situations, engaging a planning expert or consultant with experience in appeals can improve your chances.
Conditions and Discharge
Most planning permissions are granted with conditions attached. These may relate to the timing of works, materials used, landscaping, noise management, or even archaeological requirements. Some conditions, notably pre-commencement ones, must be discharged (i.e., fulfilled and signed off by the council) before building work starts.
Discharging conditions typically requires the submission of further details or schemes for approval, and sometimes a fee is payable. Only when these are satisfied can development lawfully begin.
Commencing Works and Building Regulations
Securing planning permission is not the end of the journey. You must also comply with separate Building Regulations approval, which ensures works meet structural safety, fire, energy efficiency, and accessibility standards.
Do not confuse planning permission with building regulations: both are mandatory for most significant developments and are controlled by different teams within your local authority.