Building a new property can be a significant investment, whether you are planning a new family home, a housing development, a commercial building or a replacement property.
However, most new-build projects require planning permission before construction can begin. The planning authority will assess the proposal against national planning policy, the local development plan and other material considerations.
Understanding the planning process at an early stage can help landowners and developers assess the feasibility of a project, identify potential risks and avoid costly mistakes.
This guide explains the key issues affecting planning permission for new build developments in England, including when permission is required, what the application involves and what to do if permission is refused.
What Is Planning Permission for a New Build?
Planning permission is formal approval from the local planning authority to carry out a proposed development.
A new build may involve:
- Constructing a new house;
- Building several residential properties;
- Developing flats or apartments;
- Constructing a commercial building;
- Building an agricultural or rural business property;
- Creating a replacement building;
- Developing a community facility; or
- Constructing another new structure.
Planning permission is concerned primarily with the principle and acceptability of the development, including its use, location, design, scale and impact.
Building regulations approval is a separate requirement. Planning permission does not automatically confirm that a development complies with building regulations.
Do You Need Planning Permission for a New Build?
In most cases, planning permission is required for a new-build development.
Planning permission will generally be needed where the proposal involves:
- The construction of a new building;
- A material change of use of land;
- Engineering operations;
- Mining operations; or
- Development that falls outside permitted development rights.
Some limited forms of development may benefit from permitted development rights, but these are more commonly associated with certain extensions, alterations, conversions and other specified works rather than completely new buildings.
New Build Homes
A new house will usually require planning permission unless a specific permitted development or other statutory route applies.
The planning authority may consider:
- Whether the site is suitable for housing;
- Whether the proposal complies with local housing policies;
- The effect on neighbouring properties;
- The design and appearance;
- Access and highway safety;
- The impact on the landscape;
- Flood risk and drainage;
- Ecology and biodiversity; and
- Whether the development is in a sustainable location.
New Commercial Buildings
A new commercial building may also require planning permission.
The application may need to explain:
- The proposed business use;
- The need for the development;
- The number of employees;
- Traffic and delivery arrangements;
- Parking requirements;
- Operating hours;
- Noise and disturbance;
- The effect on surrounding properties; and
- The economic benefits of the proposal.
What Is the Difference Between Outline and Full Planning Permission?
There are two main types of planning application for a new build: outline planning permission and full planning permission.
Outline Planning Permission
Outline planning permission establishes whether the principle of development is acceptable.
It may be useful where a landowner wants to establish whether a site can be developed before preparing detailed architectural proposals.
An outline application may seek approval for matters such as:
- The proposed use;
- The amount of development;
- The number of dwellings;
- The general layout;
- The scale of development; and
- The access arrangements.
Some details may be reserved for later consideration.
Reserved Matters
Where outline permission is granted, a subsequent reserved matters application may be required.
Reserved matters can include:
- Appearance;
- Landscaping;
- Layout;
- Scale; and
- Access.
Outline permission does not normally allow construction to begin until the required reserved matters have been approved and any relevant conditions have been satisfied.
Full Planning Permission
A full planning application provides detailed information about the proposed development.
It may include:
- Architectural drawings;
- Floor plans;
- Elevations;
- Site layout;
- Materials;
- Landscaping;
- Access;
- Parking;
- Drainage; and
- Supporting technical reports.
A full application can provide greater certainty about the final form of the development, but it may require more detailed preparation and supporting evidence.
What Does the Local Planning Authority Consider?
Planning applications are generally determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is also a material consideration in planning decisions.
Local Planning Policies
The local development plan may contain policies concerning:
- Housing;
- Employment;
- Design;
- Settlement boundaries;
- Green Belt;
- Heritage;
- Landscape;
- Transport;
- Flood risk;
- Biodiversity; and
- Sustainable development.
The proposal should be assessed against the policies that apply to the specific site.
Principle of Development
The planning authority may first consider whether the proposed use is acceptable in principle.
For example, a new house outside a settlement boundary or in the countryside may face different planning considerations from a new home within an allocated housing site.
The principle of development may be affected by:
- The location of the site;
- The existing use;
- Planning designations;
- Local housing requirements;
- The availability of services;
- Access to public transport; and
- The character of the surrounding area.
Design and Appearance
The design of a new build is an important planning consideration.
The authority may assess:
- The height and massing;
- The layout;
- Building materials;
- Roof design;
- Relationship with surrounding buildings;
- Scale and density;
- Landscaping; and
- Visual impact.
A proposal should respond appropriately to the character of the area rather than appearing out of place.
Impact on Neighbours
The planning authority may consider whether the new build would cause unacceptable harm to neighbouring properties.
Potential issues include:
- Loss of privacy;
- Overlooking;
- Overshadowing;
- Loss of daylight or sunlight;
- Overbearing development;
- Noise;
- Disturbance; and
- Increased activity.
The effect on neighbours must be assessed in the context of the site and the proposed design.
Highways and Parking
New development may increase traffic or create additional pressure on local roads.
The application may therefore need to address:
- Site access;
- Visibility;
- Parking;
- Turning areas;
- Traffic generation;
- Delivery arrangements;
- Pedestrian safety; and
- Public transport accessibility.
A development may be refused where access arrangements create unacceptable highway safety concerns.
What Documents Are Required for a New Build Planning Application?
The documents required will depend on the scale, location and nature of the proposal.
A new-build application may require:
- Application forms;
- Location plan;
- Site plan;
- Existing and proposed floor plans;
- Existing and proposed elevations;
- Design and access statement;
- Planning statement;
- Heritage statement;
- Transport assessment;
- Flood risk assessment;
- Drainage strategy;
- Ecological assessment;
- Tree survey;
- Landscape assessment; and
- Biodiversity information.
Not every application will require every document.
Planning Statement
A planning statement explains how the proposal complies with relevant planning policies and why permission should be granted.
It may address:
- The planning history;
- The principle of development;
- Relevant national and local policies;
- Design;
- Access;
- Residential amenity;
- Environmental impact; and
- Planning benefits.
Design and Access Statement
A design and access statement may be required for certain applications.
It can explain:
- The design approach;
- The site’s context;
- The layout;
- The appearance;
- The scale;
- The landscaping; and
- How the development will be accessed.
What Is the Planning Application Process for a New Build?
Step 1: Assess the Site
Before preparing an application, review:
- The planning designation;
- The local development plan;
- The planning history;
- Existing restrictions;
- Access arrangements;
- Flood risk;
- Ecology;
- Heritage;
- Services and infrastructure; and
- Any relevant development constraints.
Step 2: Obtain Pre-Application Advice
Pre-application advice from the local planning authority can help identify potential issues before a formal application is submitted.
It may help clarify:
- Whether the principle of development is acceptable;
- Which policies apply;
- What documents are required;
- Whether the proposal should be amended; and
- Whether specialist reports are likely to be needed.
Pre-application advice is not a guarantee that permission will be granted, but it can help improve the quality of the application.
Step 3: Prepare the Drawings and Supporting Documents
Architectural drawings and technical reports should be prepared to an appropriate level of detail.
The information should be consistent across the application. For example, the proposed floor plans, elevations, site plan and supporting statements should all describe the same development.
Step 4: Submit the Application
The application is submitted to the local planning authority, usually through the Planning Portal.
The authority will check whether the application is valid and may request additional information.
Step 5: Consultation and Assessment
The application may be publicised and neighbours or consultees may be invited to comment.
The authority will assess the proposal against relevant planning policies and material considerations.
Step 6: Decision
The local planning authority may:
- Grant planning permission;
- Grant permission subject to conditions; or
- Refuse planning permission.
How Much Does Planning Permission for a New Build Cost?
The cost of obtaining planning permission varies depending on the size, location and complexity of the development.
Potential costs may include:
- Planning application fees;
- Architect or architectural technician fees;
- Planning consultant fees;
- Legal advice;
- Survey costs;
- Ecological reports;
- Transport assessments;
- Flood risk assessments;
- Heritage assessments;
- Landscape assessments; and
- Specialist technical reports.
The planning application fee is only one part of the overall cost.
A small single-house application may be considerably less expensive to prepare than a large residential or commercial development requiring multiple technical assessments.
Other Costs to Consider
Developers should also consider:
- Community infrastructure contributions;
- Section 106 obligations;
- Affordable housing requirements;
- Infrastructure works;
- Drainage improvements;
- Highway works;
- Building regulations approval; and
- Construction costs.
The likely planning obligations should be assessed early because they may affect the financial viability of the project.
What Happens If Planning Permission Is Granted?
Planning permission may be granted subject to conditions.
Conditions can relate to:
- Approved drawings;
- Materials;
- Landscaping;
- Drainage;
- Construction hours;
- Access;
- Parking;
- Ecological mitigation;
- Tree protection; and
- The timing of development.
Some conditions must be discharged before work can begin.
Discharging Planning Conditions
A developer may need to submit further details to the local planning authority before development can lawfully commence.
Failure to comply with planning conditions can lead to enforcement action and may affect the lawfulness of the development.
It is therefore important to understand the wording of every condition attached to the permission.
What If Planning Permission for a New Build Is Refused?
If permission is refused, the decision notice should be reviewed carefully.
The reasons for refusal may concern:
- The principle of development;
- Design;
- Green Belt policy;
- Settlement boundaries;
- Highway safety;
- Landscape impact;
- Ecology;
- Flood risk;
- Residential amenity;
- Heritage; or
- Failure to provide adequate information.
Depending on the circumstances, the applicant may be able to:
- Amend the proposal;
- Submit a revised application;
- Provide additional evidence;
- Address the reasons for refusal; or
- Appeal the decision.
Planning Appeals
A planning appeal may be appropriate where the applicant believes the decision was unreasonable or the planning authority misapplied relevant policy.
However, an appeal should be considered strategically. In some cases, revising the scheme may be more effective than appealing the original proposal.
How Charrette Law Can Help With New Build Planning Permission
New-build developments can involve complex planning, property and legal considerations.
Charrette Law can assist landowners and developers with:
- Assessing the planning potential of a site;
- Reviewing planning policies;
- Advising on planning applications;
- Reviewing planning history;
- Advising on planning conditions;
- Assessing planning obligations;
- Reviewing Section 106 agreements;
- Advising on planning refusals;
- Preparing planning appeals; and
- Identifying planning and property risks before development begins.
Charrette Law Firm provides planning and property legal services to landowners, developers and businesses across the UK.
Get Advice Before Starting a New Build Project
If you are considering building a new property, it is advisable to obtain planning advice before purchasing land, commissioning detailed drawings or beginning construction.
An early assessment can help establish:
- Whether planning permission is required;
- Whether the site is suitable for the proposed use;
- Which planning policies apply;
- Whether outline or full permission is more appropriate;
- What technical reports may be required;
- Whether planning obligations are likely; and
- What risks could affect the project.
Conclusion
Planning permission for a new build is an important part of any development project in England.
Most new buildings require planning permission, and the local planning authority will assess the proposal against the development plan, national planning policy and other material considerations.
The success of an application may depend on the suitability of the site, the principle of development, design, access, environmental impact, neighbouring amenity and the quality of the supporting evidence.
Obtaining professional planning and legal advice at an early stage can help landowners and developers identify potential obstacles, select the correct application route and prepare a stronger planning case.
Frequently Asked Questions About Planning Permission for New Builds
Do I need planning permission to build a new house?
In most cases, yes. A new house will generally require planning permission unless a specific permitted development or other statutory route applies.
Can I apply for planning permission before buying land?
Yes. It is possible to apply for planning permission before purchasing land, although you should establish whether you have sufficient legal interest or the necessary authority to submit the application.
Is outline planning permission better than full planning permission?
Neither route is automatically better. Outline permission can establish the principle of development, while full permission provides approval for a detailed proposal. The appropriate route depends on the project and the level of certainty required.
How long does planning permission for a new build take?
The timescale depends on the complexity of the application, whether it is valid when submitted, the need for consultation and whether additional information is requested.
Can planning permission be refused for a new build?
Yes. Permission may be refused where the proposal conflicts with planning policy or causes unacceptable harm, such as highway problems, poor design, landscape impact or harm to neighbouring properties.
Can I appeal a refused new-build application?
In many cases, an applicant can appeal a refusal. The appeal should address the reasons for refusal and be supported by appropriate evidence.
Does planning permission include building regulations approval?
No. Planning permission and building regulations approval are separate requirements. A development may need to satisfy both before construction can proceed.
Can I start building immediately after planning permission is granted?
Not always. You may need to comply with pre-commencement conditions, obtain other approvals and ensure that the permission has been lawfully implemented before starting work.
Do new-build developments require Section 106 agreements?
Some developments may require planning obligations, including a Section 106 agreement or unilateral undertaking. The requirement depends on the scale and nature of the proposal and the policies of the local planning authority.
