Planning Permission explained

With the needs of growing families, growing hobbies, and growing communities, one increasingly popular home improvement project is the extension a house.

Here at KLC Architects, as residential architects will take a look at your existing structure and try to work out the possibilities. Then, we’ll sit down with you to collaboratively create a concept for the extension you’re dreaming of to create- ideally- your dream space.

We’ll listen to your ideas, show you an example and concept images, and then create your ideal concept with our computer-generated visualizer which will search for your ideal colour, material, angles preferences. When we’re done, we’re sure you’ll like what you see.

What may not be obvious is that development also includes work such as the construction of a boundary fence or a garden shed, the formation of a basement, the conversion of a house into flats, the insertion of a replacement shop front or the display of advertisements including estate agents’ boards; and the internal alteration of a listed building

Read more: How to submit a planning application

Permitted Development and Deemed Consent

Although the planning system controls all types of development, it would be very frustrating if you had to apply for consent every time you wanted to make any change or alteration. KLC Architects can assist you with the type of works you would like to prepare under permitted development or certificate of lawfulness. That is why the central government passed regulations that grant permission for certain types of development without the need to apply to the local planning authority The ‘General Permitted Development Order’ (often shortened to GPDO) specifies what sort of building and engineering work is allowed without permission (known as permitted development or PD rights). The Control of Advertisement Regulations detail what sort of advertisements can be displayed without consent (called Deemed Consent). The ‘Use Classes Order’ explains when you can change to a certain use without permission. If your proposed development does not meet the criteria specified in these regulations then you must apply to the Council for consent.

Prior Approvals

In 2013 the government introduced legislation to allow larger extensions to be built (6m deep for semi-detached and terraced houses and 8m deep for detached houses).

These extensions don’t need planning permission, provided that the neighbours don’t object. For each of these ‘’prior approval” applications, the council must notify the neighbours of the house, telling them of the application. They then have 21 days to make comments, if they object, the planning department can make a decision on the application. If no objection is received then the extension can be built (subject to other consents like Building Regulations)

 

Other Applications

At the time that the 1990 Planning Act was passed into law, the central government also passed another act that gave details about the special controls that apply to listed buildings and conservation areas. This act is known as The Planning (Listed Buildings and Conservation Areas) Act 1990’ and it also specified how an area of special architectural or historic interest’ could be conserved by designating it as a conservation area.

Listed building consent

The 1990 listed building and conservation area act also specified that buildings of a ‘special architectural or historic interest’ should be preserved and that lists of such buildings should be kept; and that listed building consent to make any alteration to, or demolish, a listed building or structure should be obtained from the council. This means that if you wanted to remove a chimney breast in a listed house you would need listed building consent but not planning permission


See examples of our Ground floor extensions below 

How can I check what is permitted development?

There is a restriction on alterations to some dwelling houses in the Conservation Area and an Article 4 direction to remove permitted development rights to convert houses into small HMO’s is worth checking. Conservation areas also have restrictions on permitted development rights such as a ban on roof extensions or works to any tree without prior consent or notification.

Certificate of Lawfulness

KLC Architects can assist you with the type of works you would like to do under permitted development or certificate of lawfulness. If you have checked the Planning Portal or the legislation and you are still unsure about whether or not your proposal requires planning permission or is permitted development then you may seek formal confirmation by making an application for a certificate of lawful development or use. You can apply for this certificate before you start the work or after it is finished. It is not compulsory to make any such application but if you complete the work and the council subsequently determines that permission was required, the planning enforcement team may request that you make an application for retrospective permission or restore the land or buildings to their former condition

Article 4 Directions and conservation areas

It should be noted that local planning authorities have the ability to remove permitted development rights. An order to withdraw rights is known as an Article 4 direction.

Pre-Application Advice

The local authority has a pre-application advice service for all planning proposals and encourages you to discuss your plans with us before submitting a planning application. This will provide an opportunity to steer projects in the right direction and ensure better quality applications are submitted. KLC Architects can assist you with the submission of a pre-application advice application form and liaise with the local authority.

Advice given is by planning officers and other professionals that will assess your planning application, giving you more certainty as to what you need to do to receive permission.

Why ask for advice?

  • You’ll have a better understanding of the policies applying to your proposal and of any key issues to address before submitting an application.
  • It will help you prepare proposals for submission, which should be handled more quickly and be more likely to result in a positive outcome.
  • They’ll help identify whether you need specialist input at an early stage.
  • It may avoid the need to prepare and submit amended plans, as it is not always possible to amend a proposal after it is submitted.
  • You’ll know if your proposal is clearly unacceptable saving the cost of making an application.
  • For major applications, it will help identify early opportunities for local community input and awareness, and the timing of a decision.

What will you get?

  • A meeting with a planning officer and written advice on your proposal.
  • Information on relevant policies and guidance.
  • A summary of the planning history and constraints for the site.
  • Advice on the estimated timescale to process the application.
  • The information required to make a valid application.
  • The information required to make a valid application.
  • Information on the Community Infrastructure Levy and if appropriate the likely heads of terms and estimated costs for planning obligations
  • Details about who will notify about the application and guidance on consultation and involving the local community and elected representatives

How do I request advice?

KLC Architects can complete and submit a pre-application advice request form and liaise with the local authority. You will need to pay the relevant fee. We shall include drawings of any proposal and provide as much information as possible as the more detail provided, the more specific the council’s advice will be.

How much does it cost?

The cost of obtaining advice varies depending on the nature and scale of the proposal. A list of the fees for different categories of development is given on the Council’s website. For larger or more complex proposals where a number of meetings are likely to be needed, we recommend entering a Planning Performance Agreement (PPA) with the Council.

Need help?

If you have any questions about how to use the pre-application service or obtain planning permission, please contact us at design@klc-architects.com

Once we have sought pre-application advice, will be guided through the process of a formal

You can make an application online using the Planning Portal at planningportal.co.uk  This service is privately run and will advise you about the application(s) that you need to make according to your proposed development, submit electronic copies of drawings and supporting documents, and pay online. However, as KLC Architects are experts in this field, we can submit the relevant information to support your application and notify you of the planning statutory fee

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