FAQ

Planning permission is the consent to carry out a development in accordance with the law as detailed under the Town and Country Planning Act. Planning permission is granted through a decision notice issued by a local authority’s planning department.

Planning permission is often addressed as a consent to build a development however, will not be the only consent required to build as a development will be subject to Building Control requirements, Party Wall, and potentially other legal obligations dependant on the development type. Obtaining planning permission is normally the first step before proceeding to obtain all other statutory or conditional consents.

An application for ‘Full Planning Permission’ is made for all works where you are not extending or altering a single-family dwelling.

This is typically for building, subdividing, carrying out a change of use, engineering or other works, in, over, on or under land, or the making of any material change in the use of any buildings or other land.

Typical types of development include:

• Any works relating to a flat
• Applications to change the number of dwellings, including conversions into flats.
• Creating a new residential dwelling.
• Change of use to residential or commercial, to all or part of a property.
• Development on land

Planning permission routes are commonly split between two paths:

1. Full Planning Permission
2. Lawful Development

These two paths lead into various other planning submission types as follows:

Full Planning Permission:

• Full Planning Consent
• Householders Consent

Lawful Development:

• Lawful development for a proposed use
• Lawful development for an existing use

Other type of consent:

• Advertisement consent
• Listed Building Consent
• Demolition in a conservation area
• Outline planning consent
• Reserved Matters
• Prior notification
• Removal/variation of conditions
• Approval of conditions
• Consent under Tree Preservation Orders
• Notification of proposed works to trees in conservation areas
• Application for non-material amendments

An application for ‘Full Planning Permission – Householder consent’ is made where you are seeking to alter or enlarge a single family dwelling house, including works within the boundary or the garden of a house.

Typical Types of Developments Includes:

• Extensions.
• Conservatories.
• Loft conversions.
• Basements.
• Outbuildings.
• Garages.
• Changes to new build dwellings

Please note:

If you have a single-family dwelling and are seeking to subdivide into flats, this will require Full Planning permission.Some developments can be carried out under lawful development, please read more under the lawful development section.

Lawful development is applicable to both residential and commercial developments. It is often used to simplify developments however the process if often complex, and eligibility must first be confirmed.

Addressing this question, we will start of by saying that a Lawful Development Certificate is not ‘Planning Permission’. It is a legal document stating the lawfulness of past, present or future building use, operations, or other matters. If granted by the local planning authority, the certificate means that enforcement action cannot be carried out to the development referred to in the certificate.

Works are often preferred to be carried out under a lawful development certificate, as in some cases policies relevant to ‘Lawful Development’ will permit more than what can be achieved under the ‘Full Planning’ route.

Applications for a ‘Lawful Development Certificate’ typically come in two forms:

1. An application for a proposed development, that would be deemed lawful.
2. An application for a historical or completed development, that would be deemed lawful.

Obtaining Planning Consent is a legal requirement under The Town and Country Planning Act.

If you do not apply for Planning Approval approval and your development is not compliant under lawful development (without certification), you will be breaking the law.

It should be noted that many people carry out works either not knowing that Planning Consent is required, and others that find themselves in a position where they have gone outside the critical dimensions and criteria of ‘Lawful Development’.

In the event where the local authority serves an enforcement notice or writes to you over the failure to Planning Approval, you will need specialist advise on the best way to remedy your situation.

Depending on the development, you will need to apply for either retrospective planning consent, or a lawful development certificate for an existing use. Both routes are addressed very differently, and you will need someone with experience to guide you through the options. At MSK Design, over the past 10 years we have assisted many homeowners and developers who have found themselves in this situation, the chances are that we have already addressed a scenario like yours.

In some cases and depending on what has been carried out, works can be justified or modified to achieve compliance, you will however need specialist planning advice to work out the best and efficient way forward.

Speaking directly to your local authorities Planning Department is often the first call however, this will not be an easy phone call and they will often only tell you where you have gone wrong. If you find yourself in this situation and you need to speak to someone that would take a positive and proactive approach towards solving this issue, call MSK Design and tell us you have a Planning Compliance issue.

Definitely not.

Both are different consents addressing different Acts of Law.

Both are a legal requirement however Building Control approval is obtained at the end of a development whereas Planning Approval is obtained before a development has begun.

Any works carried out to a building or premises involving extensions, alterations, changes or use or new build will be required to comply with requirements of The Building Act. The building regulations is a framework of policies, standards and guidelines on how to achieve compliance under The Act.

Compliance is detailed under the ‘Approved Documents’, which are published by The Ministry of Housing, Communities and Local Government.

The approved documents also makes reference to other standards including the British Standards.

Building Control is the body appointed to inspect and certify development works that are ‘notifiable’ under The Act. A Building Control inspector can be appointed either at the local authority’s Building Control Department, or through an Approved Inspector. The use of Approved Inspectors is now more common in all developments however, where enforcement action is being carried out, the local authority’s Building Control Department are the only body that can undertake retrospective works.

Prior to a development being carried out, the following must be undertaken :

1. A full plans submission to a Building Control Inspector, in order to determine compliance with the building regulations.
2. Confirmation of Full Plans Approval ideally prior to the commencement of works.
3. Where an Approved Inspector is being used, notification to the Local Authority of no less than 5 working days of the commencement days of works.

Once works on site have commenced, the contractor will be required to notify the Building Control Inspector at certain stages of the development for inspection.

They may include:

• Inspection of ground to footings/foundations prior to pouring concrete.
• Installation of underground services and drainage.
• Installation of DPC and membranes.
• Installation of insulation and ventilation.
• Installation of steel work.
• Installation of timber.
• Installation of roof lining.
• Installation of windows.
• Installation of electrics.
• Installation of fire safety measures.
• Final inspection on completion.

Only developments to outbuildings under 30m2 can be completed without building control approval. A development completed without building control approval may be subject to enforcement action, may be deemed a safety risk, and may also invalidate your buildings insurance.

The drawings prepared at planning stage will not address any technical detailing for compliance under the approved documents or any relevant standard or British standard.

At MSK Design, we do often apply an integrated approach to anticipate and facilitate building control requirements however, the drawing set for the building control submission will typically be prepared once planning consent is obtained.

At MSK Design, it is recommended that the preparation of technical drawings, specifications and structural calculations are prepared after planning consent has been obtained. This is recommended to ensure that costs are not wasted on designs that need to be changed due to planning consent requirements.

In certain cases this can be done in parallel or immediately after the planning submission when:

• MSK Design advises that planning consent is guaranteed.
• The works are to be carried out under Lawful Development, and MSK advises that a lawful development certificate will be obtained.
• The tender process is required to start promptly after submission, and the client has requested for MSK to do all that is possible to facilitate an approval.
• In the case of works under lawful development, the building works is due to start and the client has requested for MSK to do all that is possible to facilitate certification.

If you are in a scenario that is not listed above, call MSK Design and speak to a senior member of the team on how we can help you.

Obtaining Building Control Approval is a legal requirement under The Building Act.

If you do not apply for Building Regulation approval and your development is not an outbuilding with a floor area of less than 30m2, you will be breaking the law.

It should be noted that many people carry out works either not knowing that Building Control Approval is required, and others that find themselves in a position where they will not be able to obtain a completion certificate confirming compliance with the Building Regulations.

In the event where the local authority serves a notice or writes to you over the failure to obtain Building Control Approval, you will need specialist advise on the best way to remedy your situation.

This matter is often resolved through the submission of a retrospective application for Building Control approval however, before doing this, you should have an appraisal carried out on what has been carried out, and clarification on its chances for compliance approval. In some cases, minor alterations can be carried out prior to submission to enable an approval.

Speaking directly to your local authorities Building Control Department is often the first call however, speaking to them will not be easy and they will often only tell you where you have gone wrong. If you find yourself in this situation and you need to speak to someone that would take a positive and proactive approach towards solving this issue, call MSK Design and tell us you have a Building Control issue.