Watch Out – The Planners Are About!

Always dreamed of building your own home and think you might have found a perfect plot? Running out of space and thinking about extending rather than moving? Stop! Before you go any further, consider the cautionary tales of two men who built without permission and paid a very heavy price…

Last week, Robert Fidler, a farmer in Surrey, learned that his mock Tudor castle – complete with ramparts and a cannon – couldn’t be saved from demolition. Built without planning permission in 2002, the luxury home was hidden behind a wall of hay bales and tarpaulin until 2006 when the Fidlers attempted to claim immunity from planning enforcement rules. After three years of appeals, a High Court judge has ruled against Mr Fidler, who must now demolish his castle.

Peter Howell lost a similar battle last year after building a £400,000 5-bedroomed house in Ingleby Arncliffe, North Yorkshire without planning permission. The house, judged to be dominant and visually intrusive due to its height, bulk and colour, was demolished on 15 June after a five year battle that included the rejection of five retrospective planning applications, the dismissal of two appeals and Mr Howell losing the house to the Royal Bank of Scotland.

To avoid paying a similar price, take the time to plan your building project, get as much advice as you can and make sure you get all the necessary permissions.

Local authority planning experts, building control advisors, architects and designers will be giving one to one consultations at The National Homebuilding & Renovating Show on at the NEC from 18 to 21 March. Take your plans, drawings or just your ideas and visit the Independent Advice Areas, Ask the Experts or Ask the Architects to get some great advice and information. Attend the free seminars and masterclasses on planning. You can also visit the Planning Portal stand where free 20-minute sessions worth £150 are available. They can be pre-booked online by logging on to www.planningportal.gov.uk/expert .

1. Permission First, Building Second
   Find out what permission is needed and make that your priority. For self-builders, having the necessary permissions in place is key as it unlocks the value of the land. For anyone extending or remodelling it is possible that, under permitted development rights, planning won’t be needed. However, other restrictions could apply and in some cases your local authority could have removed your permitted development rights so it’s always worth giving them a call to check. Visit www.planningportal.gov.uk and check out their interactive houses and mini guides.
2. Know the Building Regulations
   Even if you don’t need planning permission, building regulations approval is usually necessary. These set out minimum requirements for structural integrity, fire safety, energy efficiency, damp proofing, ventilation and other key aspects that ensure a building is safe. If you’re in a hurry to start work, you can begin immediately after giving the local authority building control depar¬¬tment 48 hours’ notice together with a plan and the fee. But be careful - the work will be inspected on site for compliance so make sure you trust your builder!
3. Know When to Employ a Professional
   Successful building is getting the right balance between using the professionals and doing it yourself so that you keep control and understand what’s happening. Always consider an architect or designer - they can often make all the difference. If it’s complex, you may need a professional planning consultant who will ‘speak’ the language of the local authority.
4. Design to Suit the House or Plot
   It’s a bad idea to set your heart on a particular size, style or design of house or extension. If you’re building a house from scratch, suitable land is so scarce that you will almost always have to design a house to suit the constraints and opportunities of the plot. If you are thinking of extending, the shape of your plot will influence what can be built and the proximity of neighbouring houses will dictate where you can put windows and probably the position of the extension. Flexibility in design and approach will maximise your chance of success.
5. Know the Rules of the Game
   If you are new to this game, its rules can be quite confusing. Small-scale planning decisions for individual houses or extensions are based mainly on policies that are contained in local Development Plan documents. There may also be a local design statement which impacts on what the parish council will approve. Policies and design statements can vary dramatically from one local authority or area to another, so it is possible to get planning permission for something on one side of the road but be refused permission for exactly the same development on the other. Planning is all about context, so read up on your Local Plan or design statement.
6. Love Thy Neighbour
   Whatever the size of your building project, keep the neighbours informed. Neighbour objections can cause you a real headache: even though they might not have strong planning grounds, they can have a negative political impact and at the very least cause considerably delay. Petty local politics can play a disproportionately important role so make sure you consult with all the relevant parties before you submit your application.
7. Know the Party Wall Act
   If you’re extending, conforming to the Party Wall Act is a legal requirement and not a planning or building control matter. If you’re building or digging foundations within 3m of the boundary, party wall or party wall struc¬ture, or if you are digging foun-dations within 6m of a boundary, the work will require you to comply with the Party Wall Act. You will need to issue a notice to your neighbours and you may need a surveyor to act on your behalf. Download a free information book which includes sample letters from www.communities.gov.uk.
8. Beware of Removing Trees
   It is a criminal offence to cut down a tree which is protected by a Tree Preservation Orders (TPO). You cannot alter or even prune a tree that has a TPO on it without permission. All trees within a Conservation Area are protected by legislation.
9. Do Your Homework!
   Do your research before you start to avoid any horrible surprises. Contact your local planning office or visit the Government website www.planningportal.gov.uk.
   Visit The National Homebuilding & Renovating Show on at the NEC, Birmingham from 18 to 21 March. Meet Planning Expert Sally Tagg and attend some of her free seminars. The Show also features over 450 exhibitors, 112 free seminars and masterclasses, the Eco Home Show, Independent Advice Areas and the chance to Ask the Experts.

For more information and tickets, visit www.homebuildingshow.co.uk.
Tickets are £10 in advance by calling 0844 581 1377 or £14 on the door (children under 16 go free).