Advice on Planning

Planning permission is a potential minefield — but if you know how to play the game, you can use it to your advantage, says Ken Dijksman.

USE PROFESSIONALS WHERE NECESSARY

Having planning permission is the key to self-build: it unlocks the value of land. Like most aspects of self-build, the art of getting permission depends on getting the balance right between employing professional advice when you need it and doing enough yourself to keep control and understand what’s happening. When planning permission is granted it relates to scale drawings of exactly what you can build, so an architect or designer will be essential and you may also need to employ a professional planning consultant who will speak the language of the local authority and be able to advise you on your chances of success.

DESIGN TO SUIT THE PLOT

It is a bad idea to set your heart on a particular size, style or design of house with a view to then buying a suitable building plot. Building land is so scarce that you will almost always have to design a house to suit the constraints and opportunities offered by the only plot you can find. The shape of a plot will influence what can be built; the visibility at the access will determine where the drive is positioned; and the proximity of neighbouring houses will dictate where you can put windows and probably the position of the house itself. The location of the plot may dictate the type of design and materials the local authority will accept. By being flexible in your approach you can maximise your chances of success.

USE PLANNING TO GET A PLOT

There are three ways to get a plot: firstly to buy an existing building plot that has a full detailed permission which you simply take on board and develop; secondly you can buy a plot that contains an existing house or has planning permission, but then design some­thing specifically to suit your needs; thirdly you can find your own building plot oppor­tunity and get planning permission on previously developed land such as an existing side garden or small industrial site that has no established residential consent. The replace­ment dwelling approach is probably the best option.

MINIMISE YOUR RISKS

An Outline Planning Permission (OPP) refers to a situation where only the principle of a development has been agreed and only a limited amount of detail will have been specified. Outline permissions can be risky, because you are unlikely to be 100% certain how much you can build or even where on the plot. A detailed permission (or existing dwelling), can be used as a base upon which to develop an alternative scheme. This approach minimises the risk because you can at least quantify the established land value. It’s quite possible to make a planning application on land you do not own and this means you can speculate with other people’s property, provided of course that you have entered into an option agreement, or a conditional contract, both of which will be legally binding and ensure that they have to sell to you — but only if you get planning permission. Also remember that an existing permission does not supersede previous live permissions on the same land, so attempting to modify an existing approval carries few risks.

KNOW THE RULES OF THE GAME

If you are new to this game, its rules can be quite confusing. Small-scale planning deci­sions such as single houses are based mainly on policies that are contained in local Development Plan documents. But the poli­cies can vary dramatically from one local authority to another, so it is possible to get planning permission for something on one side of the road but to be refused permission for exactly the same development on the other. Planning is all about context, so if you want to try and find a building plot yourself, an understanding of the relevant Local Plan policies is essential. A planning consultant could be a useful professional to employ at an early stage once you have identified a potential development opportunity.

KNOW YOUR POLITICS

Neighbour objections are not the end of the world because they may well not be based on strong planning grounds, but they can have a negative political impact. Most small-scale applications are dealt with under delegated powers by the planning officers, but where an application is very contentious it may end up at a planning committee where petty local politics can play a disproportionately important role. This is a double-edged sword and if you’re prepared to make time available lobbying local politicians and members of the planning committee, can work as well for you as for the potential objectors to your development.

BE FLEXIBLE - AND PATIENT...

Getting planning permission is rarely straight­forward: it can take far longer than you expect, it’s risky, and potentially expensive if you need to employ specialist consultants and pay for revised plans. Appealing against a refusal may end up being the only option but it can take up to a year and be the end of the line. A planning refusal can be avoided by with­drawing an application before the notice is actually issued and this can be a good way of identifying potential problems without blighting a site.

The Planning Process Explained

The process should take about two months following the submission of a planning application. Increasingly local authorities expect you to have undertaken significant pre-application discussions and negotiations before submission, both with them and with other organisations who may have some input. For example, the environment agency will be consulted on potential flooding, the highways authority will need to be satisfied with the access and parking arrangements, and the conservation officer will have strong views about the impact on the Conservation Area or listed buildings. It pays to talk to potential objectors before you submit the application — this includes neighbours who could cause you a real headache.

Read the rest of the 30 Minute Guide to Self-Build:

• Advice for the First-Time Self-Builder
• Advice on Finding a Plot
• Advice on Labour
• Advice on Projects
• Advice on House Design
• Advice on Finance