Is Planning Permission Required?
Planning permission is a crucial aspect of property development in the UK. According to section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the “carrying out of any development on land.” Development is broadly defined under section 55(1) of the TCPA 1990 as the “carrying out of building, engineering, mining or other operations in, on, over or under the land or the making of any material change in the use of any buildings or other land.”
Planning permission can be granted by the local planning authority (LPA) or the Secretary of State. Alternatively, it can be deemed by a development order, such as the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), as amended. If planning permission is required from the LPA or Secretary of State, a planning application must be submitted.
What is a Planning Application?
A planning application can be for either outline or detailed permission. An application for outline planning permission seeks to establish whether the scale and nature of a proposed development are acceptable, requiring fewer details about the proposal. Once outline permission is granted, approval of reserved matters must be obtained before work can commence - as stated by the government website.
In contrast, an application for full or detailed planning permission includes all the necessary details to enable the development to proceed once planning permission has been granted. While there is no statutory definition of 'planning application,' the phrase 'application for planning permission' within the TCPA 1990 is understood to mean an application for permission, not an application for the approval of reserved matters.
Read our guide to submitting a planning application here.
Who Can Make a Planning Application?
Anyone can make a planning application, regardless of whether they own the land or hold any interest in it. So, a potential purchaser may make a planning application if they wish. There is no requirement for the application to be made by, or with the approval of, the landowner. However, the applicant must notify the owner of any application.
What is a Valid Application?
When an application is submitted, it goes to the council for validation. To be valid, it must meet certain requirements. These include providing all necessary information/ documents and paying the correct application fees. The Planning Portal offers a fee calculator to help calculate the correct fee. Once an application is considered valid, it is placed on the planning register and given an application reference number.
Grounds for Objecting to a Planning Application
When making a decision on a planning application, the council must consider various factors called material considerations. Material considerations can include:
- Access or highway safety
- Adequate parking and servicing
- Design and appearance
- Disturbance from smells
- Effect on listed buildings and conservation areas
- Fear of crime
- Flood risk
- Layout and density of buildings
- Loss of ecological habitats
- Loss of trees
- Overshadowing
- Overlooking or loss of privacy
- Overbearing nature of the proposal
- Noise and disturbance from the proposed development
- Public visual amenity
Factors that are not normally material considerations include:
- Loss of value to neighbouring properties
- Loss of view
- Boundary disputes
- Private covenants or agreements
- The applicant’s personal conduct or history
- Potential profit for the applicant
Determination of Planning Applications
Following receipt of a valid planning application, the council should normally make a decision within eight weeks. This is unless the application is for a major development, requires an environmental statement, or an extended period has been agreed upon. If the council does not issue its decision within the statutory time period, the applicant has the right to appeal against non-determination (section 78(2), TCPA 1990).
Planning Application Decision
The council may grant planning permission unconditionally, grant it subject to conditions, or refuse it. In making the decision, the council must have regard to the development plan, any post-examination draft neighbourhood plan, local financial considerations, and any other material considerations.
Planning Conditions
A council can impose planning conditions to regulate the development or use of any land or property under the control of the applicant. These conditions become effective once the planning permission is implemented and bind subsequent owners of the affected land or property. Conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects.
Planning Permission is for the Benefit of the Land
Generally, planning permission runs with the land and all persons interested in the land. However, occasionally planning permission is granted for the personal benefit of the applicant or a class of people.
So what happens once the council has made their decision? You can read our guide on the next steps of planning permission here, or speak to us if you have any questions.
What next?
If you need help, get in touch with Kingsley Smith Solicitors.
We have a vast amount of experience with planning law and a track record of achieving great results for our clients.
If you'd like more information, send us a message and we'll get back to you as soon as possible.