Steps to follow

• Some building work to your home is allowed under permitted development and therefore won’t require planning permission, but before you start to make alterations to you home it’s always best to check with the planning department of your local council to see if planning permission is going to be needed.
• The planning department will send you an application form (although some councils allow you to apply online). It’s worth asking the council at this stage if they foresee any problems with your proposals and/ or of there are any changes you can make to make the application more acceptable.
• The council can tell you whether you need full or outline planning permission. Most applications – especially if you wish to change the use of land/ buildings or if you want to start work quickly - require full planning application, meaning you must submit all details of the proposal. If you’re planning a new building you can make an outline application to discover whether the development is acceptable in principle. This won’t require you to submit detailed drawings etc at first but if it is granted, you’ll need to get approval of the details (reserved matters) before work can start.
• Once you’ve completed your application form, send it to your council, with the correct fee and a certificate to confirm that you own the land or have notified all owners of the land. Each application must be accompanied by a plan of the site and a copy of the drawings outlining the work you want to carry out.
• Your application should be acknowledged within a few days and it will be placed on the planning register at the council offices so anyone interested can view it. Your neighbours will be notified of your plans or a notice will be erected near your home. The parish, town or community council will usually be notified, as might other bodies like the Environment Agency.
• Anyone can comment on and object to your proposals – the council may suggest you make minor changes to your application on the basis of these.
• Your application may need to go before the planning committee (made up of local councillors) or the decision-making may be delegated to a senior officer in the planning department. If it goes to a committee meeting, the planning department will prepare a report which you’re entitled to see – along with any background papers – at least three working days before the meeting. You’re entitled to attend the council meeting assessing your application.
• The council will usually write to you letting you know if your application has been successful or not within eight weeks. If the council can’t decide your application within eight weeks, it should obtain your written consent to extend the period. You can appeal to the First Secretary of State if it doesn’t do so but this could take months so better to sort it out with council directly – ask them when you can expect a decision and/ or raise the matter with the council's monitoring officer or with your local councillor.
• If the council refuses permission or imposes conditions, it must give written reasons. Your best approach if you don’t agree with the reasons for refusal or the conditions attached, is to ask the planning department if changing your plans could make a difference. You can usually submit another application with adapted plans free of charge within 12 months of the decision on your first application.
• Alternatively, you could lodge an appeal with the Planning Inspectorate. An independent planning inspector will be appointed to hear all the evidence from both parties. This could be on the basis of a written representation (the most favoured route as it is usually quicker); at a hearing appeal (where both parties appear in person to put their case) or at a public inquiry (although this is rare). The inspector makes a judgment in a written planning appeal decision notice which is usually final and binding upon both parties. If the inspector upholds the appeal, his/her decision notice will become the planning permission and will set out any necessary conditions etc.
• The deadline for submitting an appeal is six months from the date of the application decision letter (or in the case of non-determination, six months from the date the decision should have been made). It’s a good idea to get legal advice before you go down the appeal route.

 
What to watch out for

It’s a good idea to discuss you plans informally with your neighbours before you apply for planning permission to ensure there is nothing they violently object to. If anything crops up in these discussions you may be able to modify your plans before you submit them to make them more palatable which is a lot easier than having to make changes later on.

Solicitor’s top tip

Before you submit your planning application, it’s a good plan to find out the dates of upcoming planning committee meetings. If you time your application right, you could gain you three or four weeks if your proposals get on to the agenda of an earlier committee meeting.

Useful links

Free advice

www.lawcentres.org.uk
www.citizensadvice.org.uk
www.communitylegaladvice.org.uk
www.lawworks.org.uk

Online services

Law Society
http://www.planningportal.gov.uk/
Communities and Local Government
English Heritage
Environment Agency
Campaign to Protect Rural England
Planning Inspectorate

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