UK Planning Laws - What you Need to Know
In the UK, there are several types of planning applications that individuals or developers can submit to seek permission for various types of development or changes to land and buildings. The main types of planning applications include full planning permission, prior approval, listed building consent, certificate of lawfulness or lawful development and change of use.
It's important to note that the specific types of applications and their requirements can vary based on local planning policies and regulations. This article will outline some of the main planning applications for residential planning and help to clarify what their main purposes are. So, what is full planning, prior approval, lawful development and a householder planning application?
Full Planning Permission
In the context of UK planning law, full planning permission refers to the formal approval granted by the local planning authority for a proposed development. This is the most comprehensive and common type of planning permission, and it is required for most types of development projects.
When an individual or a developer wants to carry out construction, alterations, or a change of use to land or buildings, they typically need to submit a planning application to the local planning authority. The local authority then reviews the application against relevant policies, regulations, and considerations such as the impact on the environment, traffic, and the local community.
If the local planning authority is satisfied with the proposal and considers it in compliance with planning regulations, they will grant full planning permission. This permission outlines the specific conditions and requirements that must be adhered to during the development process. These conditions may cover aspects such as design, materials, landscaping, and the timing of the development.
Full planning permission is usually required for major developments, but it can also be necessary for smaller projects depending on local planning policies. In general, you would need to apply for full planning permission if you plan to build a new structure, make significant alterations or extensions, change the use of a property such as converting a commercial property into a residential one or vice versa, carry out works in a conservation area or on a listed building or develop land for certain activities such as mining or waste disposal.
There are instances where certain smaller-scale developments or changes may be eligible for other types of permissions, such as permitted development rights or prior approval.
Prior Approval
In the context of UK planning law, prior approval refers to a process where certain types of development or changes to existing structures can proceed without the need for a full planning application. Instead, applicants are required to seek prior approval from the local planning authority for specific aspects of the proposed development. Prior approval typically applies to certain types of changes, such as:
Change of use, when a building is proposed to be used for a different purpose than its current use. For example changing an office to a residential building.
Converting agricultural buildings into dwelling for residential use.
Installation of telecommunications equipment or structures.
Demolition of certain buildings.
Certain developments that may impact highways.
The idea behind the prior approval process is to streamline the planning system for certain types of developments that are considered less contentious or have limited impact on the surrounding area. However, an important factor to keep in mind is that not all developments are eligible for prior approval, and the specific requirements can vary depending on the type of development and local planning policies. It's important to carefully follow the guidelines and provide the necessary information when seeking prior approval to ensure a smooth process.
Lawful Development
Within UK planning law, "lawful development" refers to development or use of land or buildings that does not require planning permission because it is considered to have "permitted development rights" or falls within other exemptions outlined in planning legislation and doesn't require specific planning permission from the local planning authority. There are two main categories of lawful development, permitted development rights and certificates of lawfulness.
Permitted development rights are a set of planning permissions granted by the government that allow certain types of development to proceed without the need for a specific planning application. These rights cover a range of minor developments such as small extensions, loft conversions, changes of use, and alterations to buildings. However, the specific rights can vary based on factors like the type of property, its location, and any restrictions or conditions that may apply.
Certificates of Lawfulness. If you are unsure whether your proposed development or use falls within permitted development rights, you can apply to the local planning authority for a Certificate of Lawfulness. There are two types of certificates:
Certificate of Lawful Development (Proposed):
This certifies that the proposed development would be lawful under current planning legislation.
Certificate of Lawful Existing Use or Development:
This certifies that an existing use or development is lawful because it has been in place for a certain period without enforcement action being taken.
Householder planning permission
This type of planning specifically applies to alterations and extensions to existing residential properties. It is required when homeowners want to make changes to their homes that go beyond what is considered permitted development. If a proposed alteration or extension falls outside these permitted development rights, or if a homeowner wishes to make changes that exceed the specified limits, they must apply for householder planning permission from the local planning authority. Some common examples of householder planning permission applications include:
Extensions like adding a new room, extending the kitchen, or building an additional floor.
Making significant changes to the appearance of the property, such as adding dormer windows or changing the roof shape.
Outbuildings including structures such as sheds, garages, or other standalone buildings in the garden.
Adding a conservatory to the property.
Altering the shape or height of the roof.
Local planning authorities have specific guidelines and criteria for granting or denying planning permission, taking into consideration factors such as the impact on the neighbourhood, the environment, and the overall planning policies in place. It’s therefore important to check whether the proposed changes fall under permitted development or if they require planning permission.
It’s really important to bear in mind that without the proper planning permission, carrying out a development can lead to enforcement action by the local planning authority, which may include stopping the development, requiring alterations, or even demolition. It’s important to carefully follow the planning process and obtain the necessary permissions before commencing any development to avoid legal complications.
Choosing the correct planning application and how to obtain permission may seem like a minefield. However, the team at Method Studio have years of experience dealing with local planning authorities and have wonderful working relationships with local planners. Because of this they have achieved 100’s of successful planning applications in recent years. If you have concerns about planning or considering which way to go on your latest project, please call our team today. They would be more than happy to give advice on planning in your local area. For more information on how much a planning application may cost or how long approval may take, have a read of this article on our website.