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FAQ'S ON DESIGNS, PLANS AND PLANNING CONSENT
Do I need to employ an Architect for plans for a new extension?
It depends on the complexity of your project. Most extensions
and conversions do not require complex Architect's plans. A
Designer or a Design and Build contractor can draw up simple
floor and elevation plans suitable for the Local Planning
Authority (LPA)
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Do all alterations require planning consent?
Not all extensions requireplanning approval. A lot of them fall
within your Permitted Development Allowance (PDA). The
general rule is terraced houses can be enlarged by 10% or up
to 50 cubic metres and semi-detached by 15% or up to 70 cubic
meters. The measurements include the roof and walls i.e. not
just the inside of the new building.
Play safe and ring your local planning office because your PDA
may have been removed via a Special Development Order or
An Article 4 which the local authority may have imposed on your
house. If you already have a conservatory or outbuildings these
will reduce the PDA remaining. For loft extensions the rule is
40 cubic metres for terraced with 50 cubic metres for semi's.
Most conversions do not require planning permission but
might still require approval by Building control. If you are
planning to sell the extended property it might be worth
applying for a Certificate of Lawful Development from your LPA
which will reassure your Buyer's solicitor and avoid delaying
completion of the sale.
Should I employ a Planning Consultant?
In most cases this will not be necessary, especially if you are
within your PDA limit and using similar materials e.g. bricks,
slates, windows. If you employ a Design and Build contractor
they will usually deal with planning and building control on your
behalf and they can advise you on which designs are likely to
be accepted.
Do I need a Party Wall Agreement with my neighbours?
If you intend to excavate for foundations near your neighbour's
property you need to serve them with a Party Wall Etc Act 1996
Agreement two months before the work starts. This should be
accompanied with a description of the work, drawings etc. Your
neighbour may object or impose conditions or seek assurance
that your builder is fully insured.
What is retrospective planning permission?
Where an extension has been built which exceeds the PDA
limit, without planning permission, it is possible to make a
retrospective application for planning consent. If the extension
is more than 4 years old and in that time the LPA has taken no
action, the 4 Year Rule applies and the unauthorised building
becomes immune from enforcement action.
What is an Outline Planning Application?
This is for development of a plot or building which has not
been used for residential purposes eg. a large rear garden or
an office/shop. It is a less complicated and expensive way of
getting approval (in principle) of your plans before going to the
expense of more detailed drawings and calculations.
What is a Full Planning Application?
This is for approval of your proposed works including the
design, size, materials used. More detailed plans showing
existing and proposed floor and elevation plans must be
included with your application form and fee.
How long does it take?
The LPA has 8 weeks to make their decision. If no decision is
made by then you can appeal on the grounds that failure to
approve your plans is the same as refusal.
What if my application is refused?
This can be avoided if you consult your LPA at the design stage
and get his views on what is likely to be approved. If your case
is to be decided by a senior planning officer and he indicates
he is going to refuse you can ask for it to be dealt with by the
Planning Committee. If your proposals are rejected you can
appeal to the Secretary of State.
Remember that a refusal of planning consent will be used in
deciding any future applications. If you want to avoid this, you
should attend the Planning Committee hearing so that if they
do reject your plans you can withdraw your application. You are
then free to alter your plans in line with their objections and
re-apply. This is a little used way to avoid a Refusal because
many consultants and designers are not aware that a verbal
refusal at the hearing does not become a formal Refusal until it
has been given in writing. So it is possible to formally withdraw
your application even after the Planning Committee has
rejected it.
Do I need planning permission for paving my front garden?
YES In October 2008 the planning law was changed and any
new patio over 5sqM requires planning consent, except those
made from permeable or porous materials.
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