Granted permission: How to getyour project moving

Part 1: Understanding your planning permission

The contents of this presentation are © Potton

1. Understanding your planning permission• Different types of

permission• Conditions

2. Completing your design• Site investigations• Developing the planning

design• Choosing a build system

3. Preparing to start on site• Pre-construction planning• Managing Health & Safety

Granted Permission – Get moving!

Just received planning permission

First things first – Celebrate!

You’re one of only 13,000 people who get to build their own home each year

Once the euphoria has passed, remember the clock is ticking and you must get your build started before the permission expires!

Understanding your permission

Understanding the permission granted

Just because you have been granted permission doesn’t mean you can or should build the house. Take stock and ask yourself a few key questions;

1) What have I been granted permission for?2) Can I satisfy all the conditions?3) Is it what I want? 4) Can I afford it?5) Can I build it?6) Are there any legal issues to sort out?7) Should I change the design and apply again?8) Should I complete the plot purchase?

Understanding the permission granted

• Type of permission• Time limits • Conditions to resolve• Obligations: CIL or 106 payments• Does the approved design work for you• Will changing the permission be possible?

Further reading: https://www.homebuilding.co.uk/understanding-planning-conditions/

Type of Permission

Principle, Outline or Full consent – What’s the difference?

• Permission in principle – Is the site suitable or not. No other matters are considered.

• Outline planning consent grants permission without addressing all details. It does not define accurately the design (style, shape and size etc) of the house.

• Full planning consent grants permission for a home with detailed design subject to a range of conditions.

The difference between the full and outline / permission in principle is that the build of a property with full permission can commence once the conditions are resolved whereas an outline permission still requires significant design development and further approvals to be able to commence the build.

Time Limits

By law, any planning permission granted expires after a certain period.

Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

If your permission is in danger of expiring take action now.

• Reapply for a renewed permission• Protect the permission in perpetuity by commencing

substructure works (check with the planning authority what will be accepted as a ‘material start’)

Planning conditions to resolve

Conditions are the small print that comes with the planning permission. They enable a permission to be granted and the finer detail to be resolved at a later date or by a specific stage of the build

Warning - Make sure the conditions can be satisfied or discharged otherwise the consent can be invalidated

Typical conditions to resolve;• Building position and floor levels• External materials• Landscaping• Boundary treatments• Flood risk• Trees & ecology• Highways & access• Archaeology

Planning conditions – Building position

The position of the building will usually be resolved as part of the detailed design and approval process but the finished floor level may also be conditioned for approval at a later date.

Warning – make sure the building is constructed exactly in the position approved and at the specified finished floor level.

Failure to do so will invalidate the permission andwill require either a new approval or the buildingto be rebuilt in the correct place!

Planning conditions – External materials

Regardless of what has been specified, most local authorities will impose a condition requiring approval of external materials. Typical materials include:

• External cladding• Brickwork• Render• Windows and doors• Roof tiling• Finishes / colours to external joinery

The LPA may not want physical samples. They sometimes want sample panels to approve on site – it varies.

Failure to obtain approval before building may risk having to replace the material concerned with an alternative that is acceptable to the LPA

The Environment Agency will have commented on or objected to the application. An objection will require a flood risk assessment to address their concerns and a condition is likely to be imposed to comply with the conclusion of that flood risk assessment.

https://flood-map-for-planning.service.gov.uk/

Planning conditions – Flood Risk

Protected Flora and Fauna• Great Crested Newts• Bats• Badgers• Hazel dormice, water voles, otters,

nesting birds, wax cap mushrooms, white-clawed crayfish, natterjacktoads

• Protected plants• Tree protection

Ecology surveys may have been required for planning. Outcomes will need to be implemented – develop a plan.

https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

Planning conditions - Ecology

• What trees are on site?

• What trees are on adjoining land?

• Identify position, species and sizes of trees to assess their affect on the proposed house –foundations

• Plan for protection measures

• Remove unwanted trees early.

• Beware of tree preservation orders and protection in conservation areas

Planning conditions - Trees

The highways department will beasked to comment on theapplication. They will consider;

• Safe access and egress• Visibility splays• Levels – disabled access• Parking requirements

Unless the design addresses their requirements, conditions will be imposed to ensure the above is provided. This can now mean a fresh planning application.

Warning – It is entirely possible that conditions could be applied that cannot be satisfied – not owning the land to form a visibility splay for example.

Planning conditions – Highways & Access

Planning conditions – Discharging

Ideally, the discharge of planning conditions should be completed with the support of a planning professional. In many cases this will be a virtual necessity because of their complexity.

For self builders, the planning fee is circa £34 per request - Group materials into a batch of approvals to reduce multiple fees

Should a condition need to be amended or removed then this will cost £234 per request.

Approval of proposed materials should take no more than 6 to 8 weeks.

If a response is not forthcoming in that time an applicant may serve the council with a “deemed discharge notice” six weeks after applying giving at least 2 weeks notice of when the deemed to discharge will apply

Section 106 agreements

• Exemption for less than 10 units or 1000m2 GIFA

• Needs a legal agreement in place prior to issue of the permission.

• Self Builders have to pay legal costs for both you and the council.

• Takes time to put in place so may result in delay to confirmation of permission.

CIL (Community Infrastructure Levy)

• Imposes a fee based on size of the house less area of demolished buildings.

• Self builders can claim exemption but must do so prior to starting any building work on site – including demolition.

• Must live in the property 3 years to claim full exemption.

• Evidence of residential occupancy must be submitted.

Planning obligations

Legal matters

Check the legal issues early - appoint a solicitor

• Boundary ownership and position• To get the building position right• Is a party wall surveyor needed

• Access to adoptable highway (ransom strips)• Rights of way to plot’s benefit• Rights of way for others• Rights for services connections• Rights of light.• Restrictive covenants.• Easements.• Disputes…….

Legal matters

Understand the access arrangements• Legal ownership of the access directly

to the adopted highway or• Legal right of way to access the plot for

the benefit of the house• Can visibility splays (planning condition

for safety) be implemented?• Are there delivery or construction

restrictions.• Are there ‘ransom strips’ that must be

crossed to gain access.

Tip – Settle covenants and ransom strips in principle before committing to buy the plot

Access arrangements

Completing the purchase

Role of the conveyancer• Ensures you meet your legal obligations and protects your rights

during the transaction• Advise on the legal stuff – make sure you don’t unknowingly buy

a legal problem.• Will advise on - Proposed contract of sale

- Implications of covenants- Undertakes necessary searches- Checks legal right of access

Problems to avoid• Beware of landowners ‘slipping clauses’ in the contract of sale

that could cause problems later – read the words carefully!• Make sure site and services investigations are complete before

exchange of contracts just in case you need to renegotiate the price or even pull out.

1. Understanding your planning permission• Different types of

permission• Conditions

2. Completing your design• Site investigations• Developing the planning

design• Choosing a build system

3. Preparing to start on site• Pre-construction planning• Managing Health & Safety

Granted Permission – Get moving!

Granted permission: How to getyour project moving

Part 1: Understanding your planning permission

The contents of this presentation are © Potton