Understanding planning permission
Does my minor project require planning permission?
Permitted development
Some minor construction projects or changes in land or building usage don't require planning permission. This is known as "permitted development."
Permitted development rules can vary based on where you live. In certain areas, like Conservation Areas, Areas of Outstanding Natural Beauty, National Parks, and World Heritage Sites, the rules might be stricter. Sometimes, local councils can remove permitted development rights or change them.
To determine if you need to apply for planning permission, get in touch with your local authority's planning department.
Changing how a building or land is used
Change of use
Changing how a building or land is used is known as a "change of use." Different use types are grouped into categories called "use classes." Whether you need planning permission for a change of use depends on whether the new use falls into the same category as the old one.
Even if you don't need planning permission for a change of use, you might still need it for construction work to adapt the space. Consult your local authority for details.
Consulting the public
Consultation
For larger projects, developers often consult residents and affected groups before applying for planning permission. This is called pre-application consultation. Once an application is received, the local authority add it to a public register, publicise it, consult the public, and invite comments.
So what's the difference?
Planning Permission vs. Building Regulations
Planning permission and building regulations approval are separate. Building regulations focus on standards for construction and cover areas like safety, energy efficiency, and access for disabled individuals.
Many construction projects require both planning permission and building regulations approval, but for smaller projects like loft conversions, you might only need building regulations approval. It's vital to check with your local authority to determine your specific requirements.
Any planning application can be objected to
Objecting to Planning Applications
Any planning application can be objected to, but objections must be related to planning. They should be "material planning considerations" such as alignment with local plans, impact on the area, effect on neighbours, or changes in the character of a location. Matters like loss of view, property devaluation, or the applicant's identity are not considered material planning considerations.
All objections are made public, and anyone can comment on any application. Local authorities publish planning application information, including deadlines for objections, on their websites.
The decision process
How planning applications are decided
Local authorities decide planning applications through either a Planning Committee, or under delegated powers by planning officers.
Planning Committees comprising of elected councillors hear recommendations from planning officers. Local Planning Authorities must make committee reports available on their websites five working days ahead of the scheduled meeting.
Applicants and objectors may have the opportunity to speak at Planning Committee meetings, depending on local authority rules. If planning permission is granted, conditions may be attached to mitigate any negative impacts and control how the permission is implemented.
Appeals are handled by the Planning Inspectorate
Planning appeals
Most appeals are filed when planning permission is refused. Appeals are handled by the Planning Inspectorate in one of three ways: written representations, hearings, or public inquiries. Only the person who made the application has the right to appeal to the Planning Inspectorate, although members of the public can speak at hearings and inquiries. Appeal decisions can only be challenged by seeking Judicial Review through the courts on a point of law.
Not happy about a decision?
Complaints
If you have issues with how a planning decision was made, you can contact the Local Government Ombudsman, who can investigate if there was fair treatment and no maladministration. However, the Local Government Ombudsman cannot overturn a planning decision. You must have exhausted the local authority's internal complaints process before approaching the Ombudsman.
Getting advice
This is a simplified overview of the planning permission process, and the details can vary by location and circumstance. If you're planning a construction project or a change in land use, it's always wise to consult your local authority's planning department for guidance specific to your situation.
Planning Aid England (PAE) works with Local Planning Authorities to support community engagement in planning in more economically disadvantaged areas.
To find out more, including case studies of PAE’s recent work to engage inner urban communities in plan-making and consultations on major development schemes, click here.