Episode 9 - Planning Permissions

Hi and welcome to the part three with me podcast. The show that helps part three architecture students jump start into their careers as qualified architects. I am your host Maria Scudari. And this week we will be talking about planning permissions and the different consents required for different circumstances. So what is planning permission? So planning permission is outlined as set out by the Town and Country Planning Act and it refers to the consent given from your local authority for a proposed development. So you will need planning permission if you want to build something new, make a major change to your building, for example an extension or if you want to change the use of your building. So you typically need to contact your local authority within the district that your development will be located to check if you will need planning permission. So the purpose of this process as it is defined within the planning portal website which is a very useful source of information. I would highly recommend for you guys to go and have a look through. And the website defines the purpose of this process as a means to save what is best of the country's heritage and to improve the infrastructure upon which we depend on. So decisions are typically made in line with the National Planning Policy Framework, also known as MPPF and the local planning policies set out by the respective local planning authority. So other than permitted developments or other developments require planning permission. So as I just mentioned, the National Planning Policy Framework is the framework that sets out the government's planning policies for England specifically and how these should be applied. So it provides a framework where locally prepared plans for housing and other developments can be produced. So planning law requires that planning permission applications are developed in accordance with the development plan and the MPPF and the MPPF is a key consideration in determining the planning decisions. I will be expanding further on MPPF in a separate episode. So just before I go on to the different types of planning permissions, I just want to let you know that this is quite an extensive episode. So there's a lot of things to remember when it comes to the different planning permissions. So bear that in mind when I'm going through the different elements. And I will also provide an example at the end of the episode of how one of these consents can be used and what it can be used for. So moving on to the different types of planning permission and what is required from each permission, you have outline planning permission, full planning permission, household planning permission, permitted development and reserve matters planning permission. Then to, in addition to these, you have more specialized application consents which relate to specific aspects. So you have listed building consent, advertisement consent, prior approval, variation of condition application or otherwise known as section 73, non-material amendment application and consent for work to protect a tree. For the majority of these applications, the information you will typically be expected to submit include the application form of a relevant permission, the ownership certificate that the client will usually hold. Any agricultural holding certificate, if applicable to agricultural land, the correct fee, a site plan which identifies the land, detailed drawings of the proposed development, for example for all plans and elevations, a design and access statement, a drainage information and any other supporting explanatory material. Now depending on the local authority, you may also be required to supply a tree survey which shows root protection zones, an ecological survey if you're planning to demolish or renovate a building which may have bats or developing on ground of ecological value and you may also be required to submit community infrastructure levee forms if your building is 100 square metres or more. I'll expand on community infrastructure levee forms as well on a different episode. So depending on the project, when developing the proposal for planning, you might also need to consider any heritage impacts, archaeology, potential or existing contamination, potential pollution, traffic and highways and if the scheme is within a green belt or in an area of outstanding natural beauty and of course any potential property issues such as ownership arrangements, easements and governance and rights of way. So planning permissions nowadays are typically made through the planning portal website online. Now let's dive into each application in more detail. So let's start with the outline planning permission. So this type of application is not specific to the design of the development but to the general principles of it. So for example, this type of application can be used for a master planning of a development of let's say 10 houses and it's to explore more whether a build would be viable. So you only need to provide or show information based on an indicative layout. The use will be the amount of the development, relevant scale and massing parameters and some indicative access points. So outline planning consent is to find out whether a development will be acceptable in principle and helps to ensure viability of the scheme upfront. So when you receive outline consent, this is valid for three years. Then you will need to follow up with a reserved matters application which will capture any outstanding reserved matters that need to be considered within the context of any condition that was attached to the outline planning permission. So for example, reserved items that are need to be determined to later stage. So for example, you may need to show more specifics of each respective house. If it's a master planning of houses, for example, that was part of the master plan and it indicates the size of the house, its appearance, its exact location, landscaping and access. So the reserved matters application will need to be submitted and granted permission before any works that's on site. And this is also valid for a maximum of an additional three years on top of the outline planning three years. And if the detailed design deviates significantly from the outline permission, then full planning permission will likely be required from the local authority. So this type of application is typically used for a new development. Now moving on to the full planning permission, this type of application offers approval or consent for a project based on a detailed design and is required when making detailed proposals for development which are not covered by a householder application or permitted development rights. So this type of application is typically used for new buildings of any kind and any commercial project and is also valid for three years. Now when it comes to a householder planning permission, this type of application covers all householder developments, for example, garages, outbuildings, alterations and extensions, including any works within the boundary or the garden. So as the name suggests, this application is commonly used if you are a homeowner and you wish to complete work on your house. So this application typically requires less supporting information than a full or outline planning application. And it typically includes the submission of a site plan and the location plan and sufficient plans and drawings describing the proposal in detail. So this application also tends to have lower fees compared to the other two. So in all of these applications, most of the time when the planning permission is granted, it may state that planning is granted subject to discharge of conditions. So what do these conditions mean? So planning conditions are often applied to the grant of the planning permission. So these limit and control, the way the planning permission must be implemented and the local authority will only allow the development to be carried out if these conditions are followed in discharge. So they'll give you the planning permission, but it will be subject to certain conditions being met. So these conditions are usually imposed on applications to enhance the quality of the development and to enable it to proceed where it would have potentially otherwise been refused. So they give you basically a chance for the permission to be approved if you do serve conditions. So for example there may be a condition to have the external materials discharged. So in this instance the applicant will need to provide samples of the materials that they are intending to use for the exterior for example. So this might be type of brick let's say in its color and then you have to submit these to the planning authority and they need to sign these off and then you return the discharge that condition and the applicant can then proceed with those materials and to start construction. So sometimes these conditions need to be discharged before any work starts on site known as pre-commensment conditions. Now circling back to the last application type which is permitted development this is the most extensive of all of the applications as it has so many parts to it. So permitted development allows for the improvement or extension of homes without needing planning permission but to qualify as permitted development it needs to meet certain criteria. So the rules on permitted development are subdivided into a series of classes so they cover various types of development. So on the part one the classes include class A through to H so class A covers the enlargement improvement or alteration to a house for example which it might be a rear extension or side extension. Class B covers the additions or alterations to a roof which enlarges the house so for example a loft conversion. Class C covers other alterations to the roof such as re-roofing or installation of roof lights. Class D covers the erection of a porch outside an external door. Class C covers the provision of buildings and other developments within the curtailage of the house. Class F covers the provision of hard surfaces within the curtailage of a house such as driveways. Class G covers the installation alteration or replacement of a chimney, flu or solar and then pipe. And class H covers the installation alteration or replacement of microwave antenna such as a satellite dish. So in order for a development to be classified as permitted development it has to meet all the limitations and conditions under each of these classes I just outlined which are relevant to the proposal you want to achieve. So for example if you are proposing a two-story extension at the rear of the house and the roof joins onto the main roof of the original house then the work will need to meet the requirements under class A and under class C. So as long as you meet the criteria outlined within those two classes then it will be classified as permitted development but if not it will fall under household planning permission and you will need to submit a proper planning application. So a key consideration to keep in mind is that some local planning authorities are allowed to remove permitted development rights. So in some or all of the area of the local authority by issuing what's known as an article four direction or it may have removed those rights on the original or any subsequent planning permission for a house. So if permitted development has been removed in either of these ways then you will need proper planning permission for any works. So it's very important to first check with your local authority to determine whether you will need to apply for planning permission or if you have permitted development rights and if you do then you can seek a lawful development certificate as proof that the development was legal at the time of building. So just a quickly outline what a lawful development certificate is. It is a legal document that states lawfulness of past, present or future building use operations or other matters. So this certificate basically safeguards your works and the local authority can't enforce any action against it whether you did it without seeking consent but if you have done that then you will have to apply for it retrospectively and you will need to prove that any building that was completed more than four years before the date of the application or provide proof that any use has been carried out continuously for a period of ten years or for in the case of a dwelling. So in addition to the permitted development options when it comes to houses there are also a few other sides to permitted development which aren't specific to a single dwelling but look at other different aspects. So for example they look at changes of use but I won't go into depth on those and you can learn more on the other parts under permitted development and if you refer to the link in the episode show notes. Now let's move on to the more specialized planning permissions or consent. The first one is listed building consent so this is if this is required if a building has listed status so for example it might be grade one two or two star and it will require listed building consent. Great one is for buildings of exceptional interest, grade two is for buildings of special interest making every effort to preserve them and grade two star is for particularly important and more than special interest. So this consent has outlined within the listed buildings act outlines that no person shall execute or course to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural historic interest unless the works are unauthorized. So you can't do any works to a listed building without having prior consent so the requirement applies to all types of works and to all parts of those buildings covered by the listing protection so it may potentially include attached and curtailage buildings or other structures provided that the works affect the character of the building as a building of special interest. So listed building consent is again made to and determined by the local planning authority similar to the other ones and if the works also have an impact on the exterior appearance of the building then planning permission may also be required and it can be applied to at the same time so usually can be either a full planning application or a householder planning application. So again it's key if you are not sure of the status of a building to consult the local authority if you think a building is listed and if it will need listed building consent and this is considered to be a criminal offense if you carry out any work without the necessary approvals in place. So the general principles in determining whether buildings within the vicinity of the listed building are protected as well including if it's an option fixed to the principal building in a way that makes it a fixture and conveys with the property on sale unless expressly excluded then it would be protected by the listing. Also any structure fixed to the building will be protected or any pre-1948 building that was built in the court curtailage of the principal building at that date of the listing is also protected. So a key instance to highlight is if the development is not listed and you are planning to demolish all or parts of it and it's located within a conservation area then you will definitely need planning permission for relevant demolition in a conservation area. So this is an additional item it used to be a separate consent by itself but now they've made it so that if a building is located within a conservation area you definitely need general planning permission with a repeat for outline or household planning application. Next moving on to the advertisement consent if a client is planning to display an advert or a sign over a certain size on their building then advertisement consent will be needed. So the government website I've provided the link in the show notes has set out a guide detailing the size thresholds that can be displayed without consent and the type of application needed in each case. So advertisement usually includes any posters, boards, facial signs, any projected signs, poll signs, canopy signs, models and devices, estate agent boards are also considered an advertisement, balloon advertisements but not the ones that are in the sky, fly advertisements, price markers and price displays, any traffic signs and town and village name signs. So these are typically what are considered as advertisements and the types the type of advertisement it also includes illuminated signs and the advertisement using specialized structure for their display and signposts. that are above 4.6 meters in relation to the building above the level of the bottom part of the first floor windows or on gable ends. So for such consent you typically need to provide details of the type of advertisement, its location and length of time it will be displayed for. Next moving on to prior approval application. This is a process that applies to certain types of permitted development where there's a requirement for the developer to notify the local authority who then determines if prior approval is needed before works start on site. So the information typically required for this includes the current and previous use of the site or the building and when these uses started or finished the proposed dimensions and placement or the dimensions of any similar work previously carried out and also if the site or the building is in any specific or designated area for example in a conservation area. So this application process is a much cheaper process than full planning and the information to support it is very minimal. So there are a few types of prior approval applications including house extensions creating dwellings, change of use to dwellings, new dwellings for electronic communications network, demolition, agriculture and forestry, other changes of use and temporary use. So prior approval can be used for all of these elements. Next when it comes to the variation of condition application also known as section 73 which you might have heard of this application is to enable the applicant to remove or vary a planning condition that is attached to an existing planning permission and it can also be used to vary to change very minor material amendments to an existing permission by substituting the approved plans as listed by the conditions and describing what you will be amending. So on top of that then you have the non-material amendment applications. So compared to the variation of condition application non-material amendment it allows to amend the existing application while remaining subject to the original conditions and time limits and you substitute it with the varied drawings. So a non-material amendment might be one where it's a very small change or something that doesn't very significantly from what was described on the planning permission. Something that doesn't conflict with any conditions on the permission it doesn't reach planning policy, it doesn't significantly move the external envelope, it doesn't change the height of the roof and it doesn't introduce or move windows or other openings that could affect other properties whereas under a variation of condition application the changes include that the site boundaries unchanged, the sitting landscape skill and height is not significantly changed, the use hasn't changed, the appearance isn't affected, the changes compliant with local planning authority policy and with the conditions attached to the original permission and changes to windows or other openings that don't impact on neighboring properties and that the interests of parties consulted about the original application are not disadvantaged. So variation of condition application is changing or varying a condition. Non-material amendment is where you substitute new drawings to change a few items on the appearance potentially but not affecting the conditions already applied on the first application you received. And last but not least consent for work to a protected tree. So this applies to trees protected by a tree preservation order if it is proposed to be cut down, topped or locked in a conservation area whether or not it's covered by tree preservation order notice will still have to be given to the local authority. In that instance the local authority may choose to impose a tree preservation order on that tree in order to protect it. As the name suggests a tree preservation order is an order made by the local planning authority in England to protect specific trees groups of trees or woodlands in the interests of immunity. So under tree preservation orders you are prohibiting cutting down, topping, lopping, approving, willfully damaging or willfully distracting the trees protected. That's why you need a consent to do any work to them. So for all of the above applications mentioned in order to determine whether an application will be viable in general you can choose to seek pre-application advice from your local council. So pre-application advice can verify the list of local requirements each planning authority can require and it reduces the likelihood of you submitting an individual application and having it being rejected and it also helps you understand how planning policies and other requirements may affect your proposal and it also might highlight any potential flood risk which may then require further consultations. So for pre-application advice you should provide sufficient enough information which looks at the main issues governing the approval of the permission and outline why you believe the development should be allowed to go ahead. So the pre-application process is a good way to avoid going through the whole process of a detailed application and having it being rejected by the local planning authority. So this process will definitely save you a lot of time and a lot of money in going about the wrong route if you're not sure. So just to quickly sum up the most common planning permissions as I outlined before our outline planning permission for planning permission household or planning permission permitted development and reserve matters. Then you have more specialized application consent which include listed building consent advertisement consent, prior approval variation of condition also known as section 73 non-material amendment application and consent for work to a protected tree. So very quickly and just so you have a little summary of them. Outline planning is to gain an understanding if the nature of the development is acceptable and then you will follow up with a reserve matters application where you specify details that don't need to be determined under the outline planning. Reserve matters application can include further details on appearance, access, landscape layout and scale. Full planning application is for detailed proposals. Householder applications are specific for changes to a single home. Permitted development is for types of work under the classes I mentioned previously that don't need planning permission. Then we move on to the special consent which includes listed building consent which is to protect buildings of special architectural or historical interest in addition to any other application you may need. Advertisement consent which is needed when displaying an advertisement or sign. Prior approval is generally to do with permitted development and must notify the local authority of such works and be provided with prior approval from them. Variation of condition is for the removal of variation of a planning condition on an existing planning permission. Non- material amendment is when planning permission has been granted and you wish to make amendments to the original approval and it doesn't breach any condition originally placed on that approval and work to protect the trees which is gained to carry out any works specific with a protected tree. Now let's move on to an example of a scenario that you will be faced with. So this scenario is more specific to do with gaining listed building consent. So the scenario is that you received planning for a great to listed building to convert it from a single dwelling into 12 apartments. So and you appointed a contractor under the standard building contract with work to start in late October. The local conservation officer called the office or called you, notifying you that work started on this listed building and that the contract was ripping out the interiors that had decorative plus the work and original windows. They also started taking down two load bearing walls and a chimney breast that was to be retained as part of the proposal. and they put up temporary props to keep it in place. So the conservation officer called you to inform you that the contractor has started doing our authorized works and they haven't discharged any pre-commencement planning conditions. So the contractor said that the client told them to start and that us as the architects told him to remove those load bearing walls. So we're required to produce a plan of action before we meet up with the contractor and the client and to investigate actions available to the local authority and we also need to identify the implications for our practice and to know any other issues that may come up from this situation. And then we are expected to draft a response to the contractor highlighting our immediate advice and next steps and consequences of their actions. Also bearing in mind here that as part of this scenario you have a specialist in house that specializes in conservation. So they would also be working on this project and they would be advising you on what to do next. So we will start by sending a memo or a list of bullet points to our boss suggesting that before we attend the meeting we should check our correspondence with the contractor or with the client to make sure on what guidance we actually gave them and any instructions we gave them when it comes to the load bearing walls and the chimney breast and then we can act accordingly if we did indeed give that instruction in the first place. Then we should grow through the planning permission decision together with the planning conditions that were set to determine if any action is needed to discharge the relevant pre-commencement conditions. Then we should let the client know that failure to discharge any of the relevant conditions can lead to listed building enforcement notice being sent to us, enforcing us to stop works. So we have to speak to the local authority or the client if such a notice was issued to us and to take the necessary steps if we have been. Then we should take the planning conditions tracker to the meeting with us which records the current conditions discharged and which ones are left still to be discharged and why the pre-commencement conditions weren't discharged and whose action was it to discharge them. Then if immediate work was needed to be carried out on the building then the client should have notified the local authority that they intend to do this and to provide them with a defense. So if the client has a reasonable defense on why they started the works before discharging these conditions then they need to provide evidence for this to be able to defend ourselves against the local authority. Then we also need to remind the client of their duties under health and safety by starting works earlier than planned and that they should have outlined these issues to the contractor before they started removing the load bearing wars within the building which could have resulted in flaws collapsing or the props not supporting the weight of the floor enough leading in an unsafe work environment for the contractor and his workers. So circling back to the listed building enforcement notice that the local authority might have sent through considering that early start on site is an offense indicating the guilty party to be liable and will be convicted to imprisonment or refine. So if the client did give the contractor the instruction to start works before discharging the pre-commencement condition then the client will be liable for that offense. But if no such instruction was given and the contractor started by himself on site then he will be or she will be liable for the offense. So under the Town and Country Planning Act the local authority has the power to issue a temporary stop notice or stop notice altogether of the works if they believe there has been a breach of planning control in relation to any land. So they may have issued a written notice setting out the action they deemed to have been in breach. So the local authority can issue a breach of condition notice and if the necessary steps are complied with then the person responsible will be in breach of the notice and will be guilty of an offense and will be charged with a fine. So when it comes to our to the practice or us if we were on our own and we did issue an instruction like that for the contractor to start on site and to take out the load bearing walls and the chimney breast then we are also considered to be liable for the breach of such condition and the client will be entitled to place a claim against us for breach of reasonable skill and care. So in that scenario we have to inform our PI insurance of the possibility of a claim but if we didn't give such an instruction then the practice wouldn't be liable for this situation and although the client might still try to place some blame against us for not informing them of the required conditions to be discharged then we potentially might still be sued by the client but we should check if such a discussion took place between us and the client. So further issues that may come up from this whole process is that it might delay the works which will affect our scope and our fees until the pre-comestment conditions are resolved so we should be wary of a scenario like that and take the necessary measures with our PI insurance to obtain our payment as well as checking our appointment when it comes to our liability limitations with the works. So following that memo before the meeting then it would be good practice for us to write a letter to the contractor about this process saying that we would advise him to stop work immediately until the pre-comestment conditions have been discharged and if they fail to do so it will result in the planning authority and an enforcement or stop notice on us to stop works until the necessary conditions have been complied with then we would advise the contractor that if they haven't taken the necessary steps to discharge those conditions we would advise them to start developing these immediately so we don't have any further delays on-site and to make sure that all the works aren't delayed anymore and we don't delay the client even further when it comes to the completion date so as this scenario highlights is key to make sure that all the steps have been taken when it comes to listed building consent because very drastic measures can be placed on the applicant and on the architect or the contractor if some of the procedures aren't followed to as described and is assigned by the local authority If you would like to get in contact with me please feel free to email me on the address provided in the show notes Thank you so much for listening This is an educational show aimed at supporting the future generation of architects The information opinions and recommendations presented in this podcast are for general information only and any reliance on the information provided in this podcast is done at your own risk Please join me next week for some more part three with me time