In Focus: Planning

ABOVE: Owners of small homes on large plots might well consider parcelling some of their land off to build a new house for themselves on. There are no tax implications if the site is below 0.5Ha

The Question: I would like to build a new home on my large garden. How do I go about obtaining planning permission? Are there any restrictions to building on a garden? I’ve heard that neighbours can often object to this type of development. Before I even contemplate building my own home, I would appreciate it if you could help me understand the whole planning process.

Sally says: Planning permission for the development of a dwelling within the garden of an existing property will generally be granted when it can be demonstrated that the site is capable of accommodating a suitable scheme which adheres to a local authority’s development control criteria and local planning policy.

The starting point for any self-builder would be to establish whether a development would be acceptable on the site. Many settlements, such as towns and larger villages, have specific boundaries within which development would be considered. Once you’ve established this, other constraints and planning policies can be considered — including the provision of a suitable and safe access, which is a high priority. County Highways departments will often give free advice on whether an access is suitable. Always check you have a viable access — without it your site is likely to be a non-starter.

The site, its constraints and local planning policies will form the framework in which design considerations can be manifested. A design can be developed within this context along with the relevant supporting documents and statements required and your application fee, forms, plans and certificates. (Your local planning authority (LPA) will have guidance on what documents are needed as well all the necessary forms.)

Many authorities will meet with you to discuss your proposal prior to submission, albeit in some cases for a small fee. Following the production of your application submissions, you can submit online via Planning Portal (planningportal.gov.uk) or in hard copy format, where four sets of all documents and plans are typically required.

The LPA, following validation of the application, will begin the consultation and assessment process. This process requires that statutory organisations, such as Highways, are consulted along with all neighbouring properties. At this time neighbours may object to your scheme. The LPA have to consider the merits of the objection, but their comments are not decisive in the process.

Generally the process for this type of development would take eight weeks with the decision being made under ‘delegated powers’ (by officers). In more contentious situations the decision may be referred to the planning committee, where appointed councillors will vote on whether they believe that permission should be granted.

If permission is granted, the LPA will attach conditions to ensure that any further information is received and the development is undertaken appropriately. If refused, you may revise your application and resubmit, or you may appeal. In complex cases, it’s best to have a professional on side with you.

Checklist:

• Does your garden fall within the local development plan? Check with your local council website or library
• Is there a clear access to the proposed site? Check with your local Highways department for informal advice
• Neighbouring homes may dictate the nature of your design. Is it surrounded by two storey homes or bungalows?

Sally Tagg is a Chartered Town Planner and the founder of Foxley Tagg Planning (foxleytaggplanning.co.uk). She has many years’ experience of domestic planning applications. You can find more of her advice on planning issues in Ask the Experts.