FAQs Archive - Page 2 of 4 - Norton Taylor Nunn

Q: What is planning enforcement?

Planning enforcement is the investigation that happens when an alleged breach of planning control occurs, and where a planning control breach is identified. Planning law breaches include not obtaining planning permission, not carrying out works in accordance with permission, planning condition non-compliance or changing the use of sites without permission. Planning enforcement aims to resolve these using the most appropriate action. A planning enforcement officer is there to guide planning applications, breaches of planning law, retrospective planning applications and enforcement action. A breach of planning control is not usually a criminal offence, however, carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.

Q: Does an enforcement notice expire?

The Local Planning Authority (LPA) will make decisions on a case-by-case basis as to what is the appropriate action that needs to be taken when a breach of planning control has been identified. This will be dependent on a variety of factors including the type of development the breach involves. Depending on the route that the LPA chooses to take, there are different periods within which the person receiving the enforcement notice should take action. Some types of notices need to be acted upon within 21 or 22 days, whilst others will expire only after day 28. The notice sent by the LPA will clearly state the reasons for the notice and the timeframes within which appropriate action should be taken, as well as the consequences of inaction within the specified period. You should NEVER ignore an enforcement notice.

Q: How many times can you appeal a planning decision?

Refused applications can be appealed within 6 months of the decision, or 3 months for householder appeals. Appealing is a complicated process taking several months, which is why appealing repeatedly is never advisable. Reapplying with amended plans that factor in planning officer feedback is an easier route to getting planning permission. Oftentimes, developers find themselves applying over and over again and amending the plans according to the feedback received each time to eventually find themselves getting an acceptance from their local planning authority (LPA). However, if this approach doesn't work and/or if you feel the refusal is unreasonable - or if the LPA has taken longer than the required 8 or 13 weeks to issue the decision (unless a longer time frame has been previously agreed) - then you can appeal to the Secretary of State.

Q: My planning permission has been refused, what's next?

In the unfortunate event of your planning permission being refused, you may be able to submit another application with modified plans free of charge, as long as it’s 12 months of the decision of your original application. If you believe the authority’s decision was unreasonable you may want to appeal. Appeals are intended as a last resort, and they take several months to decide. It may be quicker to discuss with the authority whether changes to your proposal would make it more acceptable or, in cases of non-determination, when your application might be decided if you choose not to appeal. The deadline for submitting an appeal is six months from the date of the application decision letter or in the case of non-determination, six months from the date the decision should have been made.

Q: How do I submit a planning appeal?

Normally submitting a planning appeal happens by post or online. During the pandemic, the planning appeals could only be done online using the government website. The online appeals go to the Planning Inspectorate. If you want to appeal more than one decision you must make a separate appeal for each. After appealing online, you will need to send a copy of your appeal with all the supporting documents to your local planning authority. You will receive further instructions from the Planning Inspectorate. You’ll need to submit copies of: • Your original application. • The site ownership certificate. • The local planning authority’s decision notice - if they did not make a decision, submit a copy of the letter acknowledging your application. • All plans, drawings, and documents you sent to the local planning authority. You’ll also need to submit: • A map of the surrounding area • Any other documents that directly support your appeal, for example, your full statement of the case You can upload these documents when you appeal.

Q: Where are planning appeals heard?

Planning appeal hearings are arranged by the Local Planning Authority (LPA) who is responsible for arranging venues. Hearings are usually held in LPA offices, village halls, or community centres, but during the pandemic, they have taken place online. Hearings are formatted as a round-the-table discussion led by the planning inspector. The planning appeal process is intended to be an informal process and allows for all parties to respond to any questions that the inspector might have, and to let everyone make their case known. Third parties, such as local residents, councillors, and amenity groups may also attend and take part in the discussion. The majority of hearings will take no longer than a day and usually conclude with a site visit.

Q: What is a planning application?

Planning applications must be submitted to your Local Planning Authority (LPA) to receive planning permission for any construction or demolition work you wish to do on your property or land you own. Some works are exempt, but most serious works will require planning permission, so you should always check beforehand. Once the application is made, the planning department of your local authority will either grant permission (possibly subject to certain conditions) or reject your application. If you have any queries about the application process or regarding the decision you received, you should contact your local authority directly. Most planning applications can be submitted online and the majority of them are subject to a fee, which varies depending on the type of application you are making and the scope of the project you are preparing the plans for.

Q: What types of planning applications are there in the UK?

There are several different types of planning applications that you can submit. Here are some of the most popular types of planning applications, most of which can be submitted online: • Householder planning consent for alterations or extensions of your house. • Full planning consent to carry out certain changes of use, or operations to land or buildings. • Outline planning consent when you’d like the council to consider the principle of a proposal before preparing detailed drawings for matters such as siting, design, external appearance, means of access and landscaping, which will eventually require granted reserved matters application. • Reserved matters to get approval of any matters not considered under an outline planning application, once the detail of a proposal is available. This requires a granted outline planning permission before consideration of reserved matters. • Non-material amendment following a grant of planning permission for further amendments on an approved planning application. • Application for removal or variation of planning conditions. • Listed building and conservation area consent to alter a listed building or demolish buildings, walls or other means of enclosure in a conservation area. • Notice of intention for agricultural or forestry development. • Advertisement consent for certain types of advertisements. • Lawfulness development certificate for developments that do not have the necessary planning permission.

Q: How much do planning applications cost?

Planning fees in England are set nationally by the government and are detailed in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended. Over the years there have been changes and increases introduced to this document in terms of pricing. In general, the cost of submitting a planning application varies across the UK and based on the type of application. Currently, a full application for a single dwelling in England costs £462, while an extension application costs £206 (based on figures in June 2021). When it comes to building new dwellings, the costs increase with the number of dwellings you are applying for. When considering submitting a planning application, it is recommended that you seek advice beforehand. Depending on where you seek help from and how many consultations you go for, you should consider a cost of anywhere between £100 and £400 (based on figures in June 2021).

Q: Are planning objections anonymous?

The anonymity of planning rejections is entirely dependent on the individual policies of local planning authorities. Generally, all comments submitted to an LPA must contain a valid name and address in order to be considered, however, objectors may request the withdrawal of their details for all records uploaded or distributed for public inspection.

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