Landowners
A guide to the planning process in England: preparing an application, pre-application advice, changes, decisions, appeals and common questions.
Kisiel Group
11 February 2021
Ready to apply for planning permission? Welcome to one of the most frustrating stages of the development journey. Here is what you need to know to get the best result from your application and get started on site.
The planning process has a number of stages:
Planning permission is a legal process intended to stop unlawful development and, more importantly for developers, to prevent inappropriate development. What is inappropriate is decided by the local planning authority following national guidance and its own planning policies.
Spend time creating a comprehensive application. Rush in with a quick proposal without enough detail and don’t be surprised when it is refused. Time spent now saves time later.
Do your research. Check whether your scheme meets the local plan and fits in with neighbouring properties. It is often worth consulting locally at this stage, even on small schemes, as early feedback can shape the design and shows planners you are listening to residents.
This is optional and adds cost, but engaging with planners before finalising your application helps them understand the scheme and lets you test the water. Here are the pros and cons of this route.
Submit your application and supporting documents when you are confident they are complete and give the best chance of approval. Check them from the planners’ point of view, then submit.
Most applications in England are submitted online through the Planning Portal. The statutory timeframes are 8 weeks, or 13 weeks for major developments (10 or more homes, or more than 1,000 sq m of floorspace), but they are often exceeded, so keep your expectations realistic.
Keep talking to the planning department after you submit, so you understand local opinion and anything that could influence the decision. Legitimate objections, or issues raised by the planning officer, need to be dealt with if you want to avoid a refusal.
Minor changes can be made to address objections, provided they are not too significant. If they are, the officer may need to re-consult, which can take weeks and leave little time before the decision. In that case the options are usually:
Withdrawing can be worthwhile if there is a solution to the objections but not enough time to change the application. You can consider all the feedback, commission specialist reports to answer specific objections and revise the scheme without a tight deadline. Fee concessions may apply to a revised application of the same character on the same site re-submitted within 12 months; check the current fee rules.
Altering a scheme, even if it differs from your original vision, is a pragmatic way to secure permission and get the development underway, as long as it still achieves a realistic return.
A grant of planning permission means you are on the downhill slope. You just need to build it.
The council must give reasons in writing if it refuses permission or attaches conditions. If you feel the reasons are unfair you can appeal, but talk to the planning authority first to see whether a re-submission could succeed.
Only the applicant can appeal. You can appeal if:
Information on how to appeal comes with the decision notice. Read more in our guide to what to do if your planning application is refused.
Appeals take months, longer with a public inquiry, and only around a third succeed. Planning Inspectors make most decisions themselves, with a few referred to the Secretary of State. An appeal should only be considered when other options are exhausted. Amending the scheme is often quicker and cheaper.
Application fees are set nationally, while pre-application advice fees are set by each council. Remember to budget for the design and survey costs of preparing the plans and documents too.
Most development needs planning permission, except permitted development, which is granted generally by Parliament because it is not considered to have significant impact. Permitted development rights can be removed by an Article 4 direction, in which case an application is required.
Areas where permitted development rights are more restricted, such as conservation areas, National Parks and Areas of Outstanding Natural Beauty. Check with your local planning authority or a planning consultant if you are unsure.
It is not compulsory, but a Lawful Development Certificate (LDC) from the council confirms that an existing use is lawful, or that a proposal does not need planning permission.
Material planning considerations can include:
Often, when creating new homes or converting a building. It shows how the scheme meets accessibility and inclusivity requirements.
Usually you must start building within 3 years of full permission, unless the decision notice says otherwise.
If you have made changes without permission, you will need a retrospective application. If it is refused, the council can issue an enforcement notice requiring the building to be returned to its original state.
The two main types are outline and full planning permission. Outline permission confirms the scale and type of development is acceptable, with a ‘reserved matters’ application following for the details. Full permission covers all details in one application, often subject to conditions, and work can begin once approved and pre-commencement conditions are discharged.
Building without permission, after a refusal, or without discharging conditions is a planning breach. The council can serve an enforcement notice. You can appeal, but if unsuccessful you must comply or risk prosecution.
Expert advice can help you put together an application that is more likely to be approved, especially if you are new to planning or the scheme is complex.
Tell us about it. You will speak to the people who make the decisions.
