Introduction to planning permission

Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building (i.e. “ownership”), but will also need “planning title” or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new “development” has required planning permission.

The law requires that all applications for planning permission should be decided in accordance with the policies of the “development plan” – unless material planning considerations indicate otherwise. The decision on any planning application is therefore “policy-led” rather than “influence-led”. Although the public and nearby residents will be consulted about almost any planning application, the decision will not be made on the grounds of popularity or unpopularity. The framing of the decision by reference to published planning policy prevents the decision on a planning application being made on grounds which are arbitrary, perverse, or subject to impropriety.

It is therefore most important that applicants for planning permission satisfy themselves about the relevant local development plan policies before making an application. These can also be viewed via the LPA’s website, or the UK government’s Planning Portal, which provides a nationwide clearing house on planning information and advice for both government and local planning policies. As a practical matter it is very advisable to discuss proposals with the LPA before incurring the fees and other costs that are involved in making a planning application, or the delays and abortive costs that would arise from the refusal of planning permission.

Types of planning permission

A number of different types of planning permission can be applied for:

  • Full planning permission: A full planning permission would grant permission for all aspects of the proposed development, although it would generally be subject to various conditions.
  • Outline planning permission: Outline planning permission cannot be granted for a proposed change in the use of land or buildings. It might be appropriate when an applicant is seeking an agreement “in principle” to a proposed development, without being committed to a particular form of design or layout.
  • Approval of “reserved matters” seeking permission for those aspects that were not dealt with in an outline planning permission, or seeking approval of aspects of a development which were reserved by a planning condition in an earlier grant of full planning permission.
  • Renewal of planning permission: This would arise when an earlier outline or full planning permission was subject to a time-limiting condition which has since expired. In essence this requires the entire planning application to be reviewed in light of current rather than previous planning policies. Applications for renewal of an earlier planning permission are usually granted anew, unless there has been a significant change in the relevant material considerations which are to be weighed in the decision.
  • Removal or alteration of a planning condition: As a matter of law, conditions should only be imposed on a grant of planning permission when compliance with that condition is essential to make an unacceptable development acceptable – so it would be refused planning permission were it not for that condition. If the applicant or developer wished to proceed with a development without compliance with a condition, or perhaps with the condition in an alternative form, then an application can be made to “vary” the condition concerned – possibly by deleting it or offering an alternative form of words. Note that the LPA cannot alter any planning condition which imposes a time limit when the development is to be commenced. That would require a re-application for full or outline planning permission, but since October 2009 it has been possible to apply to extend an existing consent.

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