What is Planning Permission?
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What Is Planning Permission?
Planning permission is formal consent from the local planning authority to carry out development. It is required for building works and changes of use that are not covered by permitted development rights.Planning permission is the formal regulatory consent granted by a local planning authority that allows development to proceed. It is part of the town planning system established by the Town and Country Planning Act 1947 and subsequently reformed, which controls the use and development of land and buildings in the public interest.
When Planning Permission Is Required
Planning permission is required for development, which the law defines as the carrying out of building, engineering, mining, or other operations in, on, over, or under land, or the making of any material change of use of land or buildings. In practice, the most common situations where homeowners need planning permission are building a new structure, extending an existing building beyond the permitted development limits, changing the use of a building or part of a building, and carrying out certain external alterations to listed buildings or buildings in conservation areas.
Permitted development rights allow many common works to be carried out without a full planning application. These include extensions within specified size limits, loft conversions within specified volume limits, and many outbuildings, subject to specific conditions. Where a proposal falls outside the permitted development limits, full planning permission is needed.
The Application Process
Planning applications are submitted to the local planning authority, typically through the national Planning Portal. A householder application, covering extensions and alterations to an existing dwelling, requires an application form, site plans, elevation drawings, a fee, and an ownership certificate. The authority has eight weeks to decide most householder applications. During this period, the application is publicised, neighbour notification is carried out, and the planning officer assesses the proposal against the development plan and material planning considerations.
Material Planning Considerations
A planning authority must determine applications in accordance with the development plan unless material considerations indicate otherwise. Material considerations include national planning policy, the impact on neighbours through overlooking and overshadowing, the impact on the character and appearance of the area, highway safety, flood risk, and a range of other factors. Personal circumstances and financial considerations are generally not material planning considerations.
Planning permission, once granted, runs with the land rather than with the person who applied for it. It must typically be implemented within three years of the date of the decision notice. An unimplemented permission that lapses cannot be relied upon as authority to carry out the development; a fresh application would be needed. Implementation requires a material start to the development rather than simply symbolic operations.
Summary
Planning permission is formal consent for development that falls outside permitted development rights. Applications are submitted to the local planning authority through the Planning Portal with drawings, forms, and a fee. The authority has eight weeks to decide householder applications. Permission runs with the land and must be implemented within three years. Permitted development rights allow many common works without a full application.
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