Types of Planning Applications

Planning applications are used

There are different applications that we can submit on your behalf including:

Pre-Application Advice

If you need planning permission, we normally encourage pre-application advice from the council before formally submiting a planning application. Pre-application engagement offers significant potential to improve both the efficiency and effectiveness of the planning application and the likelihood of success.

Prior-engagement with officers allows them to provide input into the scheme and opens a collaborative discussion over potential issues.

In advance of submitting applications for planning permission the Council’s Planning Service provides advice and information to members of the public and developers on the issues which require consideration as part of the planning application process.

This pre-application advice service is not compulsory and may not be appropriate in all situations. However, if you know you will require planning permission for your proposed development, we actively encourage pre-application discussions for all development proposals.

Full Application

The majority of applications are required under full planning. These full into two categories minor, less than 10 units or major applications, 10 or more residential units. Local planning authorities have a statutory determination period of 8 weeks to determine minor applications and 13 weeks for major applications. However, Local Planning Officers general have a large volume of projects that they are dealing with and rarely manage to determine applications within the statutory time period.

There can be a number of consult reports that can be required for a planning applications and these are dependent on the site constriants and what council the site falls in. External reports can be an expensive outlay along with the planning application fees. We can give you estimate for these fees and provide you with a clear summary of all the potential costs and timeframes for your application.

Change of Use

There are lots of projects that can be done under permitted development, which means they do not require full planning permission. Permitted development under the General Permitted Development Order 2015 (GPDO) (as amended) full into two catagories, Cerificate of Lawfulness whereby the law just allows you to build out a scheme if it is in accordance with the said law and the other is prior approval, whereby an application needs to be submitted first and confirmed by the local authority before work can start.

Prior approval is a type of planning application that is submitted to allow the planning authority to assess the proposed development and any potential impacts it may have. As with any planning application once they have assessed the proposal, they will either approve or reject the application.

If prior approval is required for a project regardless whether it is permitted development you must not start any work until your application for prior approval has been approved.

The local planning authority can only assess some technical and design aspects of the scheme, unlike full planning applications, where there are additional financial and technical implications that can prevent schemes coming forward.

Building regulations approval may also be required once planning permission is approved, depending on the extent of the works.

Housing in Multiple Occupation (HMO)

A House in Multiple Occupation also known as HMO, can often be considered permitted development, meaning it does not require an application for planning permission. However, this is only provided it meets all the necessary criteria and there are no constraints that restrict or remove permitted development rights.

HMO or House in Multiple Occupation means that there are at least 3 people who are not from not from the same family living together in a property with shared facilities like the bathroom and kitchen. Changing a property into an HMO can be very complex and will require planning permission for a change of use class.

You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:

  • It is rented to 5 or more people who form more than 1 household

  • Some or all tenants share toilet, bathroom or kitchen facilities

  • At least 1 tenant pays rent (or their employer pays it for them)

In order to secure planning permission to convert a property into a house in multiple occupation (HMO) it must meet all the requirements including the minimum living space.

For any house in multiple occupancy that is likely to fall within permitted development a lawful development certificate is recommended as this is the only way to get a legal determination that your extension is permitted development. This will likely be required should you wish to sell the property at any stage in future and it protects you from any retrospective planning issues, enforcements or penalties.

Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.

If there are any hidden constraints that limit or remove your permitted development rights, full planning permission may be required even if your project complies with all the permitted development criteria.

Building regulations approval will likely also be required once planning permission is approved, depending on the extent of the works.

New Build

New build projects will require full planning, however, there are a few permitted development opportunties if the development will be replacing an existing property.

In all cases if there is an existing building on site, it is important that the planning permission is sought before any demolition works are undertaken. The existing environment is an important consideration in the decision making process for local planning authorities and any existing building on site can be very helpful to secure the largest massing for your scheme.

In addition, the existing massing on site can offset any Community Infrastructure Levy (CIL) contributions, that may be payable, if in lawful use for 6 months within the last 3 years.

Outline Application

Outline planning permission is generally suitable for larger scale new build developments and unlike a full planning application requires a little less specific detail. The objective is to get a decision on whether in principle the development would be acceptable and providing it is a full planning application with specific designs and details can then be submitted.

In most circumstance it is recommended to apply for outline planning consent first. Outline planning consent if approved gives you an approval in principal subject to matters reserved which are details addressed in full planning permission.

Depending what was proposed in the outline planning permission application when you apply for full planning permission the chance of success should be high as you already have an agreement in principle. Of course, any planning application will be subject to the usual planning and design criteria in addition the any planning constraints.

There is also the possibility of submitting a formal pre-application before applying for full planning permission however this does not give you an agreement in principle. If you are considering a new build development and are not sure which route would be right for your project we can advise you.

Retrospective

Retrospective planning permission will be required if works are completed without first securing the proper planning approval. If the local planning authority determines that planning permission was required an enforcement and or penalties may be issued. If planning permission cannot be secured retrospectively you will need to demolish the development and put it back to its original state.

Submitting an application for retrospective planning permission is often significantly more expensive and stressful than applying for the correct planning permission in advance rather than retrospectively. In some cases where it may have been possible to apply for a certificate if lawfulness or prior approval, retrospectively applying may mean a full householder planning application is required which could increase the costs and decrease the chance of approval.

Landic receives a lot of enquiries from customers frantically looking for help having received an enforcement or letter from their local planning authority instructing them to apply for planning permission retrospectively. In most cases our customers have read the planning portal or spoken to a builder and thought their development would fall within the permitted development therefore would not require planning permission.

Unfortunately, the laws for planning permission are often much more complicated than people may think, there are many hidden constraints that limit or remove permitted development rights. However well-intentioned or how small the margin, if the planning authority determines there has been a breach, then a retrospective planning application will be required.

The good news is that our expert planning consultants can help! By carrying out a planning appraisal we can advise you on the feasibility, process, timescales, likelihood of success and answer any other questions that you have. Once we know exactly what is required for your project, we will provide you an accurate quote for us to help you.

Important: There is no retrospective planning approval for unauthorised works carried out on a listed building as this is a criminal offence. If this applies to you then we recommend you contact us immediately so that we can advise and help you resolve this as a matter of urgency.

Listed Building Consent

If you would like to demolish, alter or extend a listed building then you will require listed building consent in addition to planning approval. This may also apply to any building within the same ground of a listed building.

Listed building consent is necessary to allow planning authorities to check that the proposed changes would be appropriate and in keeping with the buildings existing character and design.

It is a criminal offence to carry out any work on listed building without first securing planning approval and listed building consent. If you carry out work without the proper consent you could face fines of up to £20,000 and even imprisonment.

If you are considering doing any works to a listed building, we strongly recommend speaking to one of our experts before you do anything to make sure what you plan to do is feasible and compliant.

Certificates


Lawful Development Certificate: Proposed Use

A lawful development certificate or certificate of lawful proposed use is the only way to get a legal determination that your proposed project is permitted development and does not require planning permission.

There are many things that can be done within permitted development however, this is only if the proposed project meets all of the planning and design criteria AND there are no hidden constraints that either limit or remove your permitted development rights in your area.

Even if at the time of construction your project meets all of the permitted development planning and design criteria your planning authority can at any time in the future, limit or remove these rights, meaning your development is no longer permitted. In these cases, retrospective planning permission is required and if this can’t be obtained the development will have to be demolished.

By submitting an application for a Lawful Development Certificate your planning authority will assess your proposed development and either approve your LDC or will reject the application in which case another type of planning permission will be required.

It is not a legal requirement to obtain a lawful development certificate or certificate of lawful use however it is strongly recommended for any project that might be permitted development, especially if you are planning on selling or receiving finance.


Lawful Development Certificate: Existing Use

A certificate of lawful existing use (CLUED) is the only way to get a legal determination that your project is permitted development and does not require planning permission.

Should you ever sell the property a lawful development certificate will likely be required to prove that any works you have carried out are legal and compliant. You may also need building regulations approval in addition to planning approval.

Perhaps more importantly a Lawful Development Certificate also protects you from retrospective planning issues including enforcement and fines.