What’s Your View On Pre-Application Planning Advice?

Have you previously taken pre-application advice before submitting a planning proposal to the local planning authority? Did you feel you benefitted from the discussions with the planning officer? Your views will also evolve as you hear stories, good and bad, from others based on their experiences. So, how do you choose on each project whether to go straight to a formal planning application or to have pre-application discussions as part of the planning process? Perhaps you are new to the planning process and are about to submit an application for the first time. To do or not to do? That is the question. To help you decide, let’s explore the pros and cons.

What is pre-application advice?

Pre-application advice is a service offered by local planning authorities to enable you to have some exploratory discussions with a local planning officer. It gives you a view on whether the scheme you are proposing is likely to be granted planning permission when you submit a formal planning application.

Although it is not a requirement to engage with this advice service, it does offer the opportunity to understand how various local development policies might be applied to your proposed designs. Informal meetings can lead to a better understanding of the views on both sides and it is a chance to identify any issues before the scheme is formally submitted, making it more likely to succeed.

It is a good way to dip a toe in the water before diving in, but remember that any advice given at a pre-application consultation is not legally binding. Planning officers can change their mind afterwards, perhaps as a result of feedback from other interested parties such as local residents or the highways authority.

The benefits

There are advantages to both participants: developers and local planning authorities.

Developer’s viewpoint

• Get to know and involve the planning officer
• Demonstrate a commitment to undertake the development
• Discuss ways to deal with design issues and the impact of the scheme
• Look for solutions rather than restrictions
• Find acceptable compromises for the developer and planning officer
• Make changes to the scheme before the planning application
• Get an early indication of more specialist advice and reports needed
• Confirm financial contributions (S106) at an early stage
• Avoid delays at application stage by knowing what documentation is required
• Confidence that the scheme meets local requirements and has general support
• Planning departments appreciate applicants who consult early

Local planning authority’s viewpoint

• Get to know a developer
• Look at the impact of proposed schemes before a formal application
• Find acceptable compromises for the planning officer and the developer
• Filter out unacceptable proposals in the early stages
• Improve the quality of formal planning applications
• Save time in the planning application process
• Save the cost of potential appeals if a scheme is refused
• Gain an informed view of how developers are preparing future proposals
• See trends within the private construction sector

The pitfalls

Just as there can be benefits, there can also be disadvantages to both developers and local planning authorities.

Developer’s viewpoint

• Planning advice is an additional cost in the planning process
• Costs vary and can be more than formal planning application fees
• Advice from one planning officer may differ from that of colleagues
• Officers may steer towards what they want to see built rather than what may be accepted at formal application
• It can be a drawback if you are not prepared to make design changes requested by the case officer
• Restrictions can be established rather than solutions
• Time delay before submitting a full application, which may delay the start on site
• Each council has its own process, so there is no consistency
• The biggest pitfall is that pre-application advice cannot be guaranteed

Local planning authority’s viewpoint

• The application may not go forward despite pre-application discussions
• Similar types of scheme may be seen as monotonous
• Some aspects may require more specialist input from other parties
• Time spent may not always be covered by the fee charged
• Impact on the ability to undertake other duties
• Members of the public might feel excluded from planning decisions
• Danger of it being seen as a ‘deal behind closed doors’

Procedure and cost

The government encourages local planning authorities to promote pre-application consultation, as it allows local requirements to be considered and reduces the likelihood of poor planning applications. Although not compulsory, there is a section on planning application forms where you can indicate that you have taken initial advice.

Although planning application fees are fixed across the country, the cost of pre-application advice is set by individual councils. Councils are keen to promote their pre-application advice because they can charge for it, which helps to cover the cost of a planning department.

How do councils decide what to charge?

As part of a best practice guide from the government, councils should all be aware of how much it costs them to provide a ‘useful good value pre-application advice service’.

What do councils need to consider before deciding what to charge?

• The immediate cost of the service balanced against the gains of giving early advice and involving the community
• Ability to provide useful feedback on a proposed scheme
• Delivering the service within a set time frame
• Providing value for money
• Risk of applicants being discouraged by a high charge
• Risk of offering a cheap service without the resources to deliver
• Keeping charges as clear and simple as possible
• Offering different levels of planning advice

When advice used to be free, there was often a long delay in receiving comments. Now that charges are made, it is done on a more commercial footing and responses are usually received within 10 to 30 working days.

What can you expect of a pre-application advice service?

Unlike the planning permission system, each council can set up its own advice process. This means that the amount of detail you need to prepare, the length of time it takes, and the costs vary between councils.

What do you need to do before your consultation?

• Be fully prepared to describe your proposal in detail
• Show plans and drawings
• Demonstrate that you have considered the impact on the local area
• Discuss site problems such as roads, footpaths and utilities
• Look at potential problems and offer solutions

Your contact with the planning officer may be an exchange of emails or a telephone conversation, but with larger schemes it is more likely that you will have a consultation on site with the case officer.

You can expect a written response with a non-binding view highlighting any policies or issues that arose. You can often get an indication of any additional information, such as surveys or tree reports, that would be needed in your formal submission. As mentioned, any advice is given by one planning officer and there is a chance that the decision makers will not agree with their opinion, so there are no guarantees.

Professional input

The planning permission process is complex, and it can be a challenge to navigate. Although each local planning authority follows a universal system for formal applications, whether to grant permission is decided by local decision makers.

Knowing their local development policies and how they are likely to be interpreted can help you reach a successful outcome. It can therefore be prudent to engage in a pre-application consultation, especially if you do not have extensive experience of the process.