Planning permission consultancy

How Long Does Planning Take?

Local Planning Authorities (LPAs), usually your local Council, adhere to an 8-week statutory period for reviewing common planning applications, with variations for different application types like ‘Householder’ and major applications. Delays might occur for applications reviewed by planning committees to align with Council schedules. Although most applications are handled within the 8-week timeframe, there are exceptions. In case of delays, you can seek advice on options like appealing ‘non-determination.’ While the 8-week period is just part of the process, engaging in a pre-application phase can add several weeks before official submission, often not meeting Council’s ‘service standard.’ Councils conduct validity checks taking 3 to 10 days, but applications are sometimes rejected for minor issues, frustrating applicants, and the process can stretch beyond 2 weeks.

What is Change of Use?

Changing the purpose of land or a building typically necessitates planning permission, as different types of establishments such as shops, houses, offices, and leisure facilities are categorized into various Use Classes designated by the government.

When transitioning from one use to another, even with minor construction or design changes, submitting an application to the council is usually required. Definitions of each use class are accessible on the Planning Portal, but keep in mind that these definitions may change periodically. The ability to switch from one use class to another also shifts frequently, as governments aim to influence the expansion or restriction of particular uses, like those related to employment or ‘anti-social uses’ such as betting shops. Interpretations within each use class can be ambiguous, particularly for situations like Houses in Multiple Occupation (HMOs). In such instances, it’s prudent to ensure the legality of your use, as Councils may take enforcement measures upon discovering uses that violate policies.

Liongate is available to provide guidance on whether your current or intended use might contravene planning regulations, upon your request.

What happens if my planning application rejected?

If your planning application is denied, you typically have three viable options to consider:

• Initiate an Appeal
• Opt for a Re-application
• Choose Inaction

In most scenarios, pursuing an appeal with the Planning Inspectorate, a government department, is advisable. This entity handles appeals across England independently from your Local Planning Authority. Strikingly, less than 20% of planning rejections are appealed, potentially due to apprehensions about costs. We encourage you to reach out to us for insights into the expenses and advantages of an appeal. For Householder developments like extensions or loft conversions, there’s a 12-week window from the decision date for an appeal. In other cases, you generally have 6 months to appeal.

What are Building Regulations and It’s Impacts?

Building Regulations establish safety and health criteria for building design and construction. Prior to commencing building activities, an application must be submitted to an Approved Inspector (AI) or your local Council. Detailed information can be accessed on the Planning Portal, and a list of AIs is available there as well. While factors like structural stability and fire safety are paramount, regulations also cover energy efficiency and accessibility for individuals with mobility challenges. Non-compliant building work can lead to enforcement actions by Councils. To avert unnecessary costs and disruptions, obtaining approval for your detailed design before construction is recommended. However, if necessary, Liongate can assist with retrospective applications.

In summary, Building Regulations establish safety standards for building design and construction. Before starting construction, applications should be made to an Approved Inspector (AI) or the Council. Structural integrity, fire safety, energy efficiency, and accessibility are key concerns. Non-compliance can trigger Council enforcement. Getting design approval beforehand is prudent, but Liongate can help with retrospective applications if required.

What is Permitted Development?

Permitted Development (PD), a set of rights defined by law, allows various alterations to buildings without full planning permission. It applies to most houses and some commercial properties. Residential extensions like single-story rear or side extensions, along with many loft conversions, often fall under PD as long as size limits are met. For commercial buildings, changes like converting offices or shops to residential use are possible within PD, but local Councils might enforce strict restrictions. Seeking a ‘Certificate of Lawful Development’ from your Council is advised to confirm compliance with regulations. Some Councils counteract PD with strategies like ‘Article 4’ directions, especially in conservation areas, which can negate PD allowances.

What is Community Infrastructure Levy (CIL)?

When seeking planning permission, it’s wise to inquire about the potential cost of the Community Infrastructure Levy (CIL), a fee imposed by local councils and authorities, including the Mayor of London, on various developments such as new houses, residential extensions, and commercial projects. CIL, introduced as a form of ‘planning gain’ by the Planning Act 2008, serves to fund local infrastructure like roads, schools, and parks. Most developments are subject to CIL, although contribution levels vary, making cost calculation intricate. Certain developments, like small extensions and ‘self-build’ projects, might be exempt. Each local authority sets its charge level, often available on Council websites and potentially subject to inflation. Crucially, applicants must promptly acknowledge their liability and respond to Council communications regarding contributions to avoid penalties.

When assisting clients with CIL matters, such as completing liability forms, we do so under specific instructions and a defined scope of service. However, we cannot be held accountable for errors or associated costs, so clients are urged to review CIL-related communications carefully. Only the planning applicant is liable for CIL processes and charges. CIL is payable upon receiving planning approval, with payment generally due within 60 days of development commencement.