Monday 9 January 2012

Ten Things You need to know about the UK Town Planning System

The British town planning system is a complex beasty at the best of times, but if you are considering development proposals or changing the use of land or buildings you may need to bear in mind one or more of the following key elements:

1.  Check to see if you need planning permission. You may not!
    • Does your existing permission already allow your intended use? It’s always worth checking
    • Is there an outstanding consent that can be implemented
    • There are certain Permitted Development Rights available for minor activities and land use
    • There are also specific Use Classes for development between which you can change without the need for planning permission

2.  Development in the Green Belt is rarely allowed
    • Very special circumstances have to be argued
    • Generally avoid high environmental and ecological areas (SSSI’s, AONB etc)

3.  Always arrange a Pre-application meeting with the Council
    • It can save you a huge amount of time and money

4.  Work through the Validation Checklist(s) and make sure you have all the relevant information
    • There is nothing worse than putting your application in and then finding you need to submit more information; that you don’t have!

5.  Statutory Planning Fees are chargeable, based on area and/or type of application
    • Careful attention to the exact application boundary can save money
    • Householder applications are separate and generally cheaper

6.  Development related to Listed Buildings and Conservation Areas will normally require additional permissions

7.  Securing your planning permission is just the start. Make sure you satisfy all the conditions 
    • And don't forget Building Regulations either
8.  Advertisement Consent may be required for both illuminated and non-illuminated signs etc
    • The regulations are complex and you will need to take care in erecting signs without permission

9.  Local Authorities have extensive Enforcement powers. They can and do take action against unlawful development
    • But always check to see if you can obtain a Lawful Development Certificate for works or uses that meet the relevant time limits. Retrospective planning applications are going to be much harder to make in the future 

10. Do your research, take advice, ensure you have all the information required and allow plenty of time
    • You can rush planning, but all that tends to happen is that you receive a refusal on a technicality and have to start all over again. Plan ahead. It can take a lot longer than you might think

For further information and advice contact:  Ian Butter FRICS MRTPI
                   ianbutter@ruralurbanplanning.co.uk
            www.ruralurbanplanning.co.uk

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