Lease & Planning Permission

Planning permission is required if you want to carry out certain building works. It will either be granted (perhaps subject to certain conditions) or rejected. Permission may be granted for:

Construction of new structures;
alter or enlarge structures;
change the use of land or buildings therein; or
For mining or mining.
Whether or not you seek planning permission is your responsibility. Planning permission (if required) should be granted before any work commences.

Granting planning permission is different from consent of use for land or premises. You still need to get permission from the land or property owner to use or change it. If you do not obtain permission, you may be liable for trespass or criminal damages which may be pursued at civil law.

Planning is how we plan and make decisions about the future of our towns, cities and countryside. Your local planning authority is responsible for deciding whether a development – anything from a house extension to a new shopping center – should go ahead. For example, in most cases, applying to build a nightclub or disco next to a retirement home would probably not be a good idea.

However, careful and clever planning combined with sensitive design and landscaping can make some development acceptable where it was previously considered inappropriate. This is why applications are considered so carefully. Planning measures are needed to control development in your area.

The statutory determination period for valid planning applications, which must not be exceeded by local planning authorities, is 8 weeks for direct planning applications, 13 weeks for unusually large or complex applications, and 16 weeks if the application is subject to an Environmental Impact Assessment (EIA).

Failure to determine the application within this time frame means that the applicant may choose to appeal the non-determination basis to the Planning Inspectorate. Local planning authorities must inform applicants of this right.

Most planning applications require submission of the standard application form, a location plan, a site or block plan, an ownership certificate, an agricultural holding certificate and a minimum of a proper application fee. A design and access statement may be required. In addition, at the local level, applicants may be required to submit more information specific to the area – this often varies by type of development. Local requirements can be found on the LPA’s website.

In addition to submitting documentation, an application fee must be paid. This fee is also dependent on the type of development proposed but can be calculated using the planning portal’s fee calculator.

Anyone can submit a planning application for development, regardless of the property owner, as long as the owner, or part-owner, lessee, agricultural tenant, or other party financially involved with the property is notified of the proposed change. In addition, all planning applications must be submitted with a certificate relating to or proving ownership of the land, or, that the legal owner of the property has been notified of the proposed changes.

Although applications can be made by an individual, it is recommended to hire a planning consultant or similar agent to assist with drafting and submission to ensure the process is as smooth and quick as possible.

Planning application fees vary by local authority and further by the size and nature of the proposed development. For example, in England, submitting an application to build a new house, or for a conversion, currently costs £462, while outline applications charge £462 per 0.1 hectare. It is important to note that in many cases, an additional £20 processing charge applies to submitting documents online through the planning portal.

Planning consultants tasked with writing or submitting planning applications often aim to charge a fixed fee, allowing the client to complete their project within a set budget.

There are several different types of planning applications that you can submit. Here are some of the most popular types of planning applications, most of which can be submitted online:

• Householder planning consent for alterations or extensions of your house.
• Full planning consent to carry out certain changes of use, or operations to land or buildings.
• Outline planning consent when you’d like the council to consider the principle of a proposal before preparing detailed drawings for matters such as siting, design, external appearance, means of access and landscaping, which will eventually require granted reserved matters application.
• Reserved matters to get approval of any matters not considered under an outline planning application, once the detail of a proposal is available. This requires a granted outline planning permission before consideration of reserved matters.
• Non-material amendment following a grant of planning permission for further amendments on an approved planning application.
• Application for removal or variation of planning conditions.
• Listed building and conservation area consent to alter a listed building or demolish buildings, walls or other means of enclosure in a conservation area.
• Notice of intention for agricultural or forestry development.
• Advertisement consent for certain types of advertisements.
• Lawfulness development certificate for developments that do not have the necessary planning permission.

Most planning applications are submitted online and for this reason, they can also be viewed online. It applies to any application and decision made since 1973. You may even be able to download plans, maps, decision notices, consultation responses and comments if the application was made in 2010 or later.

To view a live application, you can visit the government website accessible via https://www.gov.uk/search-register-planning-decisions and enter the postcode used in the planning permission. This should take you to the correct Borough Council website, from where you can navigate to the Planning Permissions page/tab and follow their search filters to find your planning permission in the database.

The 10-year rule is often used to refer to a legal loophole in UK planning regulations. If the land has been illegally developed, the best course of action is to submit a retrospective application – if this course is not followed, an enforcement notice may be issued listing the drastic changes required to be made to the property by law. Alternatively, if no application is made within four years of completion of the development, it is granted immunity from enforcement action. This gap also exists in the form of 10-years when dealing with changes of use on the property.

These errors are a very risky way of evading planning controls – Norton Taylor Nunn strongly advises against the use of such methods.

Building without planning permission is not necessarily a breach of UK regulation – however, in many instances, it is – especially in the case of significant development. Planning control breaches may result in the necessitation of the submission of a retrospective application to the local council or planning authority. If this submission is not accepted or is connected to a previously refused application for the property in question, an enforcement notice may be issued.  In extreme cases, this note may stipulate that the entire structure is dismantled.

Employing a planning consultant can assist greatly in avoiding regulation breaches with regard to planning permission. Norton Taylor Nunn’s team of highly trained specialists are proud to provide consultation and advisory services relating to planning permission. Contact us today to further discuss your development.