Planning permission
You need planning permission to change the external appearance of a building
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For anyone wishing to build a dream home or even just to convert their loft, planning permission is often a frustrating, drawn out and opaque process. For many people – those who apply for permission and those who object to potential developments – the system seems at best mysterious, and at worst inconsistent or arbitrary. Some buildings receive the green light while other, ostensibly very similar developments, are refused permission. The fact is, planning regulations are not hard and fast: they are open to interpretation and subject to variations depending on the local authority in question. Local politics plays a part, as will the national or regional planning agenda of the day.
Do I need planning permission?
The first thing to decide is whether or not your plans require planning permission. If you are making alterations to a property that won't affect the external appearance of the building, then planning permission is not usually required. However, if you wish to make additions or alterations to a flat or maisonette, or if you want to divide off part of your home for use as a separate dwelling, then planning permission is required. If you are in any doubt about whether to apply, consult the planning department of your local council.
How do I apply?
Planning applications are made to your local authority, who will give you an application form. You do not need to make the application yourself – a builder or architect can do it on your behalf if you prefer. You need to submit your application form along with the plans for the development and your fee. Fees vary depending on the scale of the work proposed, though in most cases if your application relates to just one residential property, the fee will be £135. You can now apply for planning permission online through the government’s Planning Portal, but you need to register before you make your application.
There are two levels of planning permission:
- outline planning permission (OPP)
- detailed planning permission (DPP).
If you wish to build a new home, you must apply for OPP to make sure that the development is acceptable in principle. Later, you can apply for full planning permission.
How long does it take?
It should take no more than eight weeks from the time you apply for planning permission until you receive a decision. However, that timescale is by no means set in stone. Planning departments place greater emphasis on speed, these days, but that may, in fact, work against the applicant, because planners will be less willing to negotiate than they have been in the past. However, if you have not received a decision within eight weeks, you have the right to appeal.
If permission is refused
If your application is refused, the council will need to give you a written explanation. It is worth talking to the planning officers to establish whether you might be able to get an approval on another attempt if you change your plans. In some cases it may be possible to reapply free of charge within 12 months of the original decision.
Alternatively, if you do not accept the council’s decision, you can appeal. Appeals must be made by the applicant to the Office of the Deputy Prime Minister (ODPM) within six months of the decision being made.
Tips
- If yours is a particularly tricky or potentially controversial project, it may be worth engaging a planning consultant.
- If you think your application is going to be refused, withdraw it. You can reapply for free. You should try to avoid a refusal, since this may serve as a black mark against the planning history of the plot or development.
- Be flexible and pragmatic. Show that you are willing to compromise on your plans in order to have permission granted.
What issues will be considered?
When you apply for planning permission, your local authority may consider a host of different factors.
First and foremost, your new house or extension must comply with building regulations which govern such things as structure, safety ventilation and hygiene. Unless you are an expert in such matters, you will need your architect and builder to make sure that your building complies with regulations.
The design is very important: the more sympathetic it is to the existing structure, the surrounding environment and neighbouring houses, the more likely you are to receive permission. But even if the home does not 'fit in' with neighbouring buildings, good design should be rewarded.
The effect on your neighbours’ properties is also important: if you will be depriving them of light or of a view, this may count against you. It is a good idea to talk to your neighbours about what you plan to do, to gauge their feelings and to discuss any concerns they might have before you apply for permission. If your neighbours do object to your plans, don’t despair – this does not necessarily mean that your application will be turned down.
It is not just your human neighbours whose feelings need to be taken into account. If you have bats in your belfry, their roosts may be protected, as may the natural habitats of other beasts, such as newts or badgers. Some trees and hedgerows may also be protected.
You also need to consider rights of way – could your development affect public paths?
Finally, you should be aware that if your home is listed or in a conservation area, there will be greater restrictions on the alterations and building work you can undertake.
How to object to other people's planning proposals
Whenever a development is proposed, the council will notify the public by letter or by posting notification on the site and on nearby roads. If you are concerned about a proposal, you have the right to make your feelings known.
The first thing to do is to review the application and the plans at your local council. You can ask planning officers for clarification on issues you do not understand, and you may find that you will be able to address your concerns directly to the applicant.
If no compromise is possible, write down your objections, clearly and succinctly, and send them with any supporting evidence – such as photographs of the view from your home which is to be ruined – and send these to the planning department. Try to be rational and impersonal, and address the planning issues. Do not simply rage against your neighbour’s terrible taste.
If an application goes to committee, you will have an opportunity to speak, though you need to ask for permission to do so in advance, and you will be allocated a short slot. Again, be succinct and keep it relevant.
Just as applicants may engage planning consultants to argue their points, so can objectors. This may make sense in some cases, for example if a whole group of neighbours have strong objections to a proposed development.
The planning process
- Submit your application with fee and plans.
- The local planning authority will validate the application and may request further documents.
- The planning authority will acknowledge the valid application.
- The planning authority then publicises and consults on your application,
- The application is considered by planning officers or a planning committee.
- If permission is granted, the applicant can start work on the plans.
- If permission is granted with conditions, the applicant can start work within those conditions.
- If an application is not decided within eight weeks, the applicant has the right to appeal.
- If the application is refused, the applicant can appeal.
Cheaper to build than convert
Uneven rates of VAT contribute to the housing shortage, says Paula Hawkins
There are an estimated 900,000 empty and derelict homes in the UK. Many of these are solidly built Victorian terraces with large rooms and high ceilings, properties that could make excellent homes. So, with housing in short supply and homelessness a national problem, why do so many properties lie empty for years or even decades?
One problem is that it can be more expensive to renovate or convert existing buildings than to build new ones because of the uneven way in which value added tax (VAT) is applied to building work. New building is zero-rated for VAT – in other words, there is no VAT to pay. However, renovation work attracts either the full rate of VAT, which is 17.5%, or in some cases a reduced rate of 5%.
Chancellor of the Exchequer Gordon Brown has been under some pressure, including from the Deputy Prime Minister John Prescott, to reduce the rate of VAT on renovations or to bring the rates for new build and renovation work into line. Some concessions were made in 2001 and 2002, when the 5% rate was introduced, but campaigners say reforms to VAT on building work have not gone far enough.
At present, if you wish to renovate a property that has been empty for less than three years, you still have to pay VAT at the full rate of 17.5%. This means that anyone renovating or converting the home in which they live will have to pay the full rate of VAT. If the property has been empty for three years or more, VAT falls to 5%, and if the property has been empty for more than 10 years, no VAT is payable. The 5% rate applies to a number of other cases, too, such as converting a non-residential property into a multiple occupancy property, such as bedsits.