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Planning Permission

 

Over the years several Acts of Parliament have been passed that define what a property owner can and cannot build to their home or land. These laws not only cover residential dwellings (i.e. houses and flats) but also commercial premises such as your local supermarket or office block, albeit special rules apply in these cases.

The purpose of the planning system is to protect the public interest and the custodians of policing these laws are the Local Authority. Therefore, if you wish to carry out certain types of works to your home then you must apply to the Local Authority for permission before you commence.

Take care, if you build something that requires planning permission before first obtaining the relevant permission then you may be forced to put things right later which will probably prove costly and troublesome. The Local Authority may, for example, serve upon you an Enforcement Notice that states you will have to knock down your extension!

This site sets out a series of questions and answers which try to assist you with your particular planning query. However, if in doubt, always check with your Local Planning Authority (LPA).

 

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Refusal

 

What happens if the LPA has imposed conditions to which I object or has refused my application?

When refusing permission, the LPA must give the reasons for their decision. You may be able to overcome their objections by redesign or re-siting of your proposed building. If so, then a fresh application should be successful and does not attract any further fee.

If your subsequent application is still not successful and you feel that you have good grounds for objection then you can appeal to the Secretary of State for the Environment. However, before taking this step it is wise to consult an expert in this field, such as a surveyor or architect, to ensure that your case has every success.

Appeals are a last resort and will take many months to decide. Beware though, the LPA will usually be successful!

 

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While every care has been taken to ensure accuracy of the content of this site, no responsibility can be taken for any errors or omissions. Viewers are strongly advised to check information published with individual institutions, and to take legal advice, where appropriate, before entering into transactions. All interest rates are correct at the time of going to press.

The information here is only for your general information and use and is not intended to address your particular requirements. Specifically, the information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.

Neither we nor any of our site-writers make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of this information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risks from any uses or results of using any of this information. You are responsible for validating the integrity of any information received over the internet.

 

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Explanations

 

Planning Permission Jargon Explained

 
Here is where we give you a simple guide to the meanings of some of the terms found when reading about planning permission.

Just click on a term you want to understand - in the Index section choose one of the words underlined in blue - and you will be taken to the right part of this page for that term.

This site is not yet assembled.

 

Index

 

 

Definitions

 

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While every care has been taken to ensure accuracy of the content of this site, no responsibility can be taken for any errors or omissions. Viewers are strongly advised to check information published with individual institutions, and to take legal advice, where appropriate, before entering into transactions. All interest rates are correct at the time of going to press.

The information here is only for your general information and use and is not intended to address your particular requirements. Specifically, the information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.

Neither we nor any of our site-writers make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of this information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risks from any uses or results of using any of this information. You are responsible for validating the integrity of any information received over the internet.

 

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Questions

 

On this page we invite you to send us questions. We cannot guarantee to have answers for you, but we will try to help. Some of the questions asked will be listed here, if we think that the questions and answers are of sufficient general interest. However, we cannot give you individual replies or advice, since we are not authorised to do so in this way. Our answers will be aimed at people that have a problem of a specific type, but without naming either individuals or organisations. Our answers will be those that apply to the best of our knowledge, but questioners should take specific advice before relying on our answers. What we will try to do is to enable you to ask the right questions of advisers and to understand the answers and the implications of those answers.

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Whilst browsing the Internet we occasionally come across excellent sites. We will list these for your future reference.

 

 

 

 

 

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Mission Statement

 

Explain everything simply.

 

We have found that if you can't explain something simply, either you don't understand it or you are trying to hide something.

We at everythingexplained.com will try to guide you through the pitfalls in life, which we ourselves may have stumbled into from time to time, so that you do not have to repeat our mistakes.

We have many years of consuming, investing and generally experiencing life between us. Our contributors, who we have invited to write certain sites, have specialist knowledge of those areas and also have many years of experience.

By using our sites, we hope you will be able to find answers to questions that you wouldn't dream of asking, because you would be afraid of looking stupid or might lay yourself open to being taken advantage of.

We also think that the subjects we cover and the questions we are trying to answer beforehand for you are those that it seems to be assumed you will 'pick up' as you go along. These things are not generally taught in schools or colleges and represent a steep learning curve when you finally find that you are caught up in them.

If you find something that you think we have not covered, or have not covered well enough - let us know. Send us an e-mail. Our e-mail address is

 [email protected].

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Requirement

 

Set out below are a series of Questions and Answers that may help answer your particular planning query. However always remember, if in doubt, check with your Local Planning Authority (LPA).

1 Do I need to apply for planning permission for general maintenance to my home?

No, normally you can carry out maintenance works (even though you may have altered the external appearance of the building) without the need for to apply for permission. However, if your building is listed or in a conservation area then you may need to apply for separate consents, even (in some instances) for the colour of your paint to your front door!

2 What if I want to change the appearance of the windows or insert a bay or oriel window?

Permission may be required for all these changes even if you only wanted to replace your timber sash windows with double glazed PVCu or aluminium window units. Again much depends on whether your property is in a "sensitive" area, such as a conservation area.

3 Do I need planning permission for internal alterations to my home?

No, so long as the use of the house is not changed.

For example, you may knock down an interior wall to make a through- lounge, or convert a utility room into a kitchen, or a bedroom into a bathroom without requiring any permission from the LPA. However, this may not be so if your home is listed.

4 Do I need planning permission to extend my home?

No, if you meet all of the following conditions then your extension will fall within the category of permitted development and consequently planning permission will not be needed: -

a) The works do not result in the *volume of the original house being increased by more than the permitted allowance which is either-

i If you live in a terraced house or an area of Outstanding Natural Beauty/Conservation area/National Park - whichever is the greater either 50 cubic metres or 1/10th of the volume of the original house up to a maximum 115 cubic metres OR

ii In all other cases - whichever is the greater either 70 cubic metres or 1/15th of the volume of the original house up to a maximum 115 cubic metres

b) No part of the extension is higher than the highest part of the roof of the original house

c) No part of the extension projects beyond the forwardmost part of any wall of the original house which faces a highway (a public footpath may count as a highway)

d) No part of the extension which comes within 2 metres of the boundary or is more than 4 metres above the ground (this condition does not apply to extensions or alterations to the roof of the original house)

e) The extension will not result in more than half of the original garden area of the house being covered by buildings or structures

f) The extension is not for occupation as a separate and independent dwelling

*The volume of the house is calculated on external measurements. Note the allowance is once and for all. Therefore, if an extension has already been built to the original house (i.e. either as it stood on 1st July 1948 or when it was first built) then this volume would count against the permitted development.

Note that for some houses which have been built over the last ten years or so it was a condition of the original planning consent, given to the developers of the site, (the builders who sold you or your predecessors your home) that ANY future extensions will need planning permission (i.e. there is no permitted development allowable). Therefore check with your deeds or your solicitor. The latter should have brought this point to your attention before you purchased your property.

Also note that the above conditions only apply in England and Wales. If you live elsewhere in the UK then please check with your local planning office but the above will in essence probably also apply to your extension.

5 Do I need planning permission to erect a shed or greenhouse?

No, provided that you can meet all the following conditions: -

a) The building is for the benefit of the occupants of the home and is connected with residential use; AND

b) No part of the building projects beyond the forwardmost part of any wall of the original house which faces a highway; AND

c) The height of the building is not more than 4 metres or 3 metres if has a ridged roof; AND

d) The addition of the building will not result in more than half of the garden being covered by buildings

6 Do I need planning permission to build a sun lounge or enclose an existing veranda?

No, if it is attached to the house provided that the conditions stated in question (4) above are met.

If it is not attached to the house then question (5) applies.

7 Do I need planning permission to build a garage?

No provided that your garage was constructed within 5 metres of your house and you could meet the conditions stated in question (4) above.

If, on the other hand, the garage was more than 5 metres from your house then the conditions stated in question (5) above would apply.

8 Do I need planning permission to build another dwelling (such as a granny annexe) attached to my house?

If you provided additional rooms for someone to live, in the main part of the house, and also they would be required to share either the bathroom or kitchen, then it would be treated as an extension and therefore the conditions stated in question (4) above apply.

If, on the other hand, the dwelling would not physically be attached to your existing home, then planning permission would be required unless you can satisfy the conditions stated in question (5).

9 Do I need planning permission to build a porch?

No, provided that you can meet all of the following criteria: -

a) the floor area is not more than 2 metres square

b) no part of the porch is more than 3 metres above the ground

c) no part of the porch is less than 2 metres from any boundary between your garden and a road or public footpath

10 Do I need planning permission for a loft extension?

No, provided that the volume of the house is not increased. If it is (ie dormer windows are inserted) then conditions stated in question (4) above apply.

11 Do I need planning permission to convert my house, or part of it, into one or more flats?

Yes, because the Planning law defines this as a change of use and permission will be needed.

12 Do I need planning permission to demolish part of my house or my garage?

No, unless your property is a listed building or in a conservation area then special rules apply. Check with the LPA. However, if your garage formed part of the original house (as defined question (4) above) then ensure that this fact is recorded with the LPA. If you wish to extend your home in the near future then this volume may prove critical if the extension is to fall within the permitted development.

13 Do I need planning permission to erect a TV aerial?

No, not if the TV aerial is of a normal domestic type that is to be attached to the house or flat and is to be used solely for domestic purposes only.

14 Do I need planning permission to erect a satellite dish?

Yes, if the satellite dish is one of the following: -

a) greater than 900mm in diameter

b) higher than the highest part of the roof on which it is installed

c) if there is already an antenna installed

Again further restrictions apply in a conservation area or to a listed building.

15 Do I need planning permission to erect a fence or wall?

No, provided that the structure is not more than 1 metre high where it adjoins a highway used by vehicles or 2 metres elsewhere.

16 Do I need planning permission for a hardstanding for my car?

No, provided that your car is used solely as a private vehicle and the hardstanding is constructed in your garden.

17 Do I need planning permission for felling or lopping a tree in my garden?

No, but if the tree is protected by a Tree Preservation Order (TPO) then you will need to get planning permission before any works to the tree is undertaken. In addition, if you live in a conservation area the Local Authority may also have protected groups of trees that are situated in your garden

18 Do I have to be the owner of the land to which my planning application relates?

No, anyone can make an application. However, you will need to inform all the owners of the land who have a legal interest in the land that is over seven years (i.e. lessees and freeholders).

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Submission




Do I have to pay for submitting an application?

Yes, unfortunately you will have to unless you can claim an exemption, for example if you are disabled. Check with your LPA for full details.

Who can advise me further on these planning matters?

In the first instance you can visit the planning office and speak to the duty-planning officer to discuss your scheme. The officers are usually very helpful and will give you free guidance as to what will and will not be acceptable. However, their advice is given without any commitment for approval (i.e. it is still at your own risk). A formal decision will not be given until an application has been submitted to their office. To help you explain your project fully, take with you some sketch drawings, which include basic dimensions, and also photographs of the existing layout.

If you feel that this approach is still too complicated then you need to call in a professional Architect or Surveyor.

What happens after I have submitted my application?

Once you or your Agent (surveyor or architect) have submitted a full set of documents and drawings (plans, sections and elevations) to the Local Authority it takes approximately eight to ten weeks before any decision is made to either approve or reject the application.

During this time the LPA will place a copy of your application in the planning register (a public document that anyone may look at) and may consult other bodies such as the highway authority for their comments. The LPA will also usually contact your neighbours for comments and advertise in the local newspaper.

But beware, if there is high demand for permissions or it is holiday time, then approval/rejection may take longer than ten weeks.

 

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