A planning application is required to obtain planning permission. All planning applications must be submitted on a standard form, which is available online via the Planning Portal.

What is Planning Permission?

In simple terms, planning permission is similar to requesting permission to perform a specific type of construction work. It will either be granted (possibly with certain conditions attached) or denied.

Parliament has delegated primary planning authority to local planning authorities (usually, this is the planning department of your local council). As a result, if you have any questions about a specific case, the first step is to contact your local planning authority.

It is entirely up to you whether or not to seek planning permission. If necessary, it should be obtained before the commencement of any work.

Permitted Development Rights

For work where planning permission is not required, it is referred to as “permitted development rights.”

They are the result of general planning permission granted by the Government, not the local authority. Bear in mind that the permitted development rights applicable to a large number of common house projects do not apply to flats, maisonettes, or other structures. Similarly, commercial properties are subject to different permitted development rights than residential properties.

Permitted development rights are more restricted in certain areas of the country, referred to collectively as ‘designated areas.’ For instance, if you reside in:

• A Nature Reserve
• A World Heritage site
• A National Park
• A Natural Area of Outstanding Beauty
• The Norfolk or Suffolk Broads

Certain types of work require planning permission in some areas but not in others. Additionally, there are distinct requirements if the property is a listed structure.

The Planning Portal’s general recommendation is that you contact your Local Planning Authority and discuss your proposal with them before beginning any work. They will be able to inform you of any reasons why the development may not be permitted and whether you will need to apply for planning permission for some parts of the project or the entire project as a whole.

A planning consultant can assist you in ensuring the success of your project and advising you on permitted development requirements.

Withdrawal of Permitted Development Rights

Additionally, the local planning authority may have revoked some of your permitted development rights through the issuance of an ‘Article 4’ direction. This will require you to submit a planning application for work that would not normally require one.

Article 4 directives are issued when the character of a recognized area is threatened. They are most prevalent in protected areas. You will probably know if such a direction applies to your property, but if you are unsure, you can check with the local planning authority.

Please note that houses and flats constructed using permitted development rights (including changes of use) typically cannot be expanded using householder permitted development rights (e.g. an extension). Generally, planning permission is required. It is recommended that you contact your local planning authority to discuss any such issues before beginning work.

Approval in advance

The majority of permitted development rights are conditional and limited. One such condition on certain types of permitted development is the requirement to apply to the Local Planning Authority for its ‘Prior Approval’; or to ascertain whether such approval will be required.

This enables the Local Planning Authority to consider the proposals, their likely impacts on specific factors (e.g., transportation and highways), and how these impacts might be mitigated.

Lawful Development Certificates

If you want to ensure that the existing use of a building is lawful for planning purposes or that your proposed development does not require planning permission, you can apply for a ‘Lawful Development Certificate’ (LDC).

Although an LDC is not a must-have, there may be times when one is required to confirm that the use, operation, or activity specified in it is lawful for planning control purposes.

You can apply for an LDC to your local council using the Planning Portal’s online application service. The application must include sufficient information to enable the council to make a decision, or it will be denied. You will be charged a fee.

Frequently, the issues relating to LDCs are complex, and if you decide to apply for a certificate, you may benefit from professional advice. Additionally, the planning officers at your LPA can assist. They will inform you of the type of information that will be required to support your application.

If your application is partially or completely denied, or if it is granted in a manner inconsistent with what you requested, or if it is not determined within the eight-week time limit, you may appeal. The Planning Inspectorate hears appeals.

Permission for retrospective planning

If you have made changes to your property that require planning permission but have not received approval, a local authority may require you to submit a retrospective planning application for the work you have already completed. The local government will request the land’s owner or occupier.

While a local authority may request the submission of a planning application, this does not mean that planning permission will be granted automatically or that the application will be treated customarily.

If the retrospective application is denied, the local authority may issue an enforcement notice requiring you to restore the situation to its original state.

A planning consultant can assist you in ensuring the success of your project by advising you on the planning permission requirements.

Obtaining or complying with planning permission

A ‘planning breach’ is a term that refers to the failure to obtain planning permission or to comply with the terms of permission.

Typically, a planning breach occurs when:

• A development that requires planning permission is carried out without permission being granted – either because the application was denied or because the application was never submitted.
• A development that has been granted conditional approval violates one or more of those conditions.

A planning violation is not illegal in and of itself, and the council will frequently permit a retrospective application where no planning permission was sought.

However, enforcement notices may be issued if the breach includes a previously rejected development (or if a rétrospective application is denied). The council may issue a notice of violation forcing you to restore your property to its pre-existing condition.

When they believe you have violated planning control rules, your local planning authority may serve you with an enforcement notice. Typically, this is because they believe what you are doing, or have done, is detrimental to the community.

It is illegal to disregard an enforcement notice unless and until the notice is successfully appealed. You may appeal both refusals of permission and enforcement notices; however, if a verdict is rendered against you and you continue to disobey, you may face prosecution.

Factors affecting planning permission include the following:

1. Your immediate neighbours

Inform your neighbours of any work you intend to do on your property. They are likely to be as concerned as you would be about changes that may affect the enjoyment of your property.

2. Natural habitats and wildlife

You may need to consider the effects of any proposed work on wildlife. Animals, plants, and habitats all have the potential to be protected by their legislation.

Your local planning authority can advise you on which species are legally protected and what course of action to take. Additionally, your local planning authority should be able to advise you on any threatened or endangered species or habitats that may be impacted by your proposals.

Even if your development proposal qualifies for permitted development rights, wildlife is still protected under the law.

3. Design

Everybody’s taste is unique, and various styles will complement various types of property. Nonetheless, a well-designed structure or addition is likely to be significantly more appealing to you and your neighbours. Additionally, it is likely to increase the value of your home when you sell it. It is therefore worthwhile to consider the final appearance of your property after the work is completed.

In some areas, the planning department of the council publishes design guides or other advisory leaflets that may assist you. You may wish to consider hiring a designer who is suitably qualified, skilled, and experienced.

4. Environmental health

Environmental health is concerned with the safety of those who live or work in an area.

Environmental health officers would be concerned with any proposed development that could result in air pollution, unfit housing, or unsanitary food preparation facilities (EHOs).

Such developments may also necessitate the submission of an ‘Environmental Impact Assessment.’ Environmental health departments collaborate with planning departments in the majority of local governments.

The assessment is conducted to consider the environmental impact of a development. Its purpose is to provide local governments with sufficient information about an area’s environmental impact to enable them to make an informed decision on a planning application.

5. Highways and roads

Roads and highways are the responsibility of the local highways authority, which must be consulted when highways are impacted by construction work or afterwards.

If your local council is not the highways authority for the road in question, they can assist you in contacting the appropriate person.

Areas we cover for Planning Applications:

• Planning Applications Brookmans Park
• Planning Applications Potters Bar
• Planning Applications Welham Green
• Planning Applications North Mymms
• Planning Applications South Mymms
• Planning Applications Barnet
• Planning Applications Hertford
• Planning Applications Little Berkhamstead
• Planning Applications Epping Green
• Planning Applications Essendon
• Planning Applications Bell Bar
• Planning Applications Friern Barnet
• Planning Applications Southgate
• Planning Applications Palmers Green
• Planning Applications Winchmore Hill
• Planning Applications Enfield
• Planning Applications Cheshunt
• Planning Applications Goffs Oak
• Planning Applications St Albans
• Planning Applications Radlett
• Planning Applications Harpenden
• Planning Applications Finchley
• Planning Applications East Finchley
• Planning Applications North Finchley
• Planning Applications Hampstead
• Planning Applications West Hampstead
• Planning Applications Belsize Park
• Planning Applications St John Woos
• Planning Applications Cricklewood
• Planning Applications Park Royal
• Planning Applications Burnt Oak
• Planning Applications Woodgreen
• Planning Applications Tottenham
• Planning Applications Walthamstow
• Planning Applications Tottenham Hale
• Planning Applications Islington
• Planning Applications Maida Vale
• Planning Applications Kilburn
• Planning Applications Mayfair
• Planning Applications Soho
• Planning Applications Covent Garden
• Planning Applications Kensington
• Planning Applications Paddington
• Planning Applications Belgravia
• Planning Applications Victoria
• Planning Applications Green park
• Planning Applications Paddington
• Planning Applications Camden Town
• Planning Applications Primrose Hill
• Planning Applications Highbury
• Planning Applications Archway
• Planning Applications Muswell Hill
• Planning Applications Arnos Grove
• Planning Applications Cockfosters
• Planning Applications Hatfield
• Planning Applications London Colney
• Planning Applications Welwyn Garden City