Here's a quick summary of the possible stages of an application for planning permission. While this can be a drawn-out process, remember that failure at one stage of the planning application process doesn't always have to be the end of the story.
Do You Even Need Planning Permission?
Many significant changes to a building, including changes of use, require planning permission. But equally, many do not require planning permission. You can use the government website for common projects, and their change of use guide for initial research although it is always best to seek expert advice to avoid additional stress and expense further down the line.
If you establish that you need planning permission, it's on to the next step.
Making A Planning Permission Application
You can make either a full application or an outline application. It's important to get your planning permission application right, but minor things such as administrative errors should not damage your application. Your local planning authority will simply validate your application and request any missing documents - once the planning application is valid, they will acknowledge that it's valid, publicise the application, and consult.
There are many things you’ll need to consider when making a planning application. One of the most important is the local development framework, which includes documents like the Local Plan, and possibly the Neighbourhood Plan. These can be found on your local authority’s website.
The application will then be granted, granted with conditions, or refused. If the application is granted, it's important to carry out all work strictly within the limitations of the application. If your application for planning permission is refused, or if the conditions imposed seem unacceptable or impossible to you, you have more options available.
Dealing With A Refused Planning Permission Application
When planning permission is refused, you have two main options: change the proposal and submit a different application, or appeal to the Secretary of State, who will appoint an Inspector to decide whether you should be given permission after all. The Inspector might deal with your appeal on the papers (by just looking at your application and considering your local authority’s evidence), or they might decide to deal with your matter at a hearing or inquiry.
If you have not already taken on planning experts to help you negotiate the previous stages, you will almost certainly need help at this stage.
If your planning permission application was just subjected to conditions, you can either press ahead with the development and comply in full with those conditions. If they are unacceptable to you, appeal to the Secretary of State.
What If The Secretary Of State Refuses Planning Permission?
If your planning appeal is unsuccessful, you can mount a legal challenge in the High Court. This process is known as a ‘Statutory Appeal.’ The Court will decide if the Inspector made their decision in a legally correct way. However, these cases are the exception - not the rule.
In most cases, you will need to take the objections on board and rework your planning application, possibly substantially. This might involve a significant scaling back of your ambitions, or it might involve a simple, minor tweak you overlooked when making the initial application. It's not necessarily the end of your planning permission application, but it does mean that your plans in their current form can't go ahead.
If you choose to mount a legal challenge in the High Court, it will be a difficult process. The challenge must be mounted quickly (within six weeks), and there must be an arguable case that there was an error of law, or the Court will not give permission for the application to proceed. Even if you get to the appeal hearing and prove that there was a legal error, this may not be enough to quash the decision. If the decision is quashed, it will go back to the deciding body, who will consider the case and their decision again, sending you back to that step of the process.
What About Enforcement Notice Appeals And Retrospective Planning Permission?
Although we've discussed the standard route to ensure your development is lawful and allowable, there are other routes that can complicate matters. We have sections on enforcement notice appeals and retrospective planning permission. But, for advice on your specific situation, you should get in touch with us using the form above.
Every Case Is Different
For help resolving issues around planning permission and planning permission applications before they get this far, get in touch with Kingsley Smith Solicitors today to see how we can help with any or all of these stages.