Planning Permission - Council Vs Website

Avatar Image
FieryP125 | 13:31 Tue 30th Apr 2013 | Home & Garden
9 Answers
Just phoned the council re: query over planning permissions and they are adamant I need to fill in their form and submit it to them so they can judge whether planning permission is needed or not.

However the Planning Portal website on the site clearly states the guidelines for 'Permitted Development' which my planned extension will adhere to.

What's the point of me submitting this form to the council? Do I have to?

Or do I go ahead with the build? I know it will require Buildings Regs consent as I believe all extensions do. Do I just plan the build and pay the council to coe out via inspections?


1 to 9 of 9rss feed

Best Answer

No best answer has yet been selected by FieryP125. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
PDRs may have been withdrawn in some areas.
You have to establish that you project falls within any PDR guidelines for your particular Planning Authority.
One time when this came up, I was in a particularly sensitive Conservation Area. I made the usual application, and sent off the forms and the fee.
Some time later, they returned both with a note to say PP wasn't needed because of PD Rights. It may be handled differently though in other Districts.

Jack mentioned withdrawal of PD Rights. This certainly happens for various reasons. In my opinion, it's a cop-out by the Planning Dept. Junior Officers tend to be quite nervous about committing themselves. I had a case recently where the Chief Officer was on holiday. The guy I was dealing with Ok-ed my proposal, so I prepared to get the project going. The senior Officer then returned from holiday, gave him an earful and turned the application down for various reasons.

As with any organisation, they're after the money. You can easily satisfy yourself as to whether your proposal is under PD....... so can they!

If I'm happy that a proposal complies, then I tend to just go ahead. In fact, I don't usually trouble them with it.... it only worries them.
It is your decision entirely though, Fiery. I don't know your details. There may be some aspect of your project that is debatable. Only you can know.

Costing much the same as a PP application is a "Certificate of Lawfulness". It's self-explanatory. It carries the same weight as a regular PP for legal conveyancing purposes.
I would submit it and keep their letter saying no PP is needed ...
In my area, the local authority now charge a fee for assessment a pre-application request, so that they can advise whether a planning application is actually required. They also advise at the same time what the likely issues are likely to be in gaining consent. This used to be a service that they provided for free, of course. I wonder if you have a similar thing going on in your area - they are after your money.
If you know your way around the requirements and can assess whether your project fits PDs, then you are perfectly at liberty to go ahead - that's what I'd do - but I know how to find my way around the regs.

Building Regs are unconnected to Planning Consent, and yes, you need them.
Question Author
Yeah - my work fits perfectly with the PDR.

4 x 3 side ext, single story, not in restricted are / countryside, etc, all ok per the portal website.

So I can happily goahead? Do the builder's sort the Building Regs out?

This is the only thing I am confused on. Never done this before and actually more complicated than I thought it would be!

Do building regs have to be in place BEFORE the work starts? I presume the builder can liase with the council?

Does it have to be the council or are there private building regs people who agree?

Whats the best?
other people will i'm sure give you the correct answer. When we had BR for a downstairs loo, we had to make an appliccation (and pay a fee of course) and then the BR inspector came round a few times, and then at the end to make sure it was all to spec - then he gave us a sign off. I think the builders can do it too
The Planning Portal gives a guide to the rules that cover the entire country.
Your Local Planning Department will be able to tell you the specific rules in *your* area......PDR are consistent in allowances across the country; however, not all areas have PDR [it's complicated, but some areas don not have PDR as a matter of *right*].

You will need to pay a fee to Building Control.
If you choose to do this under a Building Notice submission, the entire fee is payable at once and agree with your Builder just which one of you will be responsible for arranging the Inspections by the BCO.

You asked "What would be best?"
I suggested that you got a professional on board who can sort all this out for you, as they ought to be familiar with the Local Plan (with or without PDR) for your area and can shepherd this through both Planning (if required) and Building Control.
Definitely a "Building Notice", Fiery. Then immediate start. The builder and the Building Control Officer talk through it between them.

Any builder who demands full plans is perhaps not quite confident, and should be avoided. An experienced guy will talk the same language as the BCO.

If there are any particular design aspects, or if you're unsure of the Planning route, then there are lots of good designer/draftsman around. You don't need a full-blown architect.
I'm assuming that you called the Council to double check that your understanding of permitted development rights from the Planning Portal was correct. My Council won't answer these queries over the phone. You can either make a request for pre-application advice, where you will get written (but without prejudice) advice as to whether or not it may need planning permission, or you can apply for a Certificate of Lawfulness which is a legal declaration as to whether or not you require planning permission for your proposals. You do not legally require either of these before commencing your build but it is at your own risk - if it turns out that you don't have PD (either because of a restriction imposed by a previous planning permission on the land, or because of an Article 4 Direction) or that you exceeded the PD allowance you can be pursued by the Enforcement team and potentially made to demolish the structure. I can't comment on Building Regs as that's not my area.

1 to 9 of 9rss feed

Do you know the answer?

Planning Permission - Council Vs Website

Answer Question >>

Related Questions

Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.