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Planning law is a minefield for the unwary and mistakes can lead at best to wasted time and application fees and at worst to the loss of a valuable planning consent.
Our Property and Planning team are focused on getting the best outcome for you, and they can advise you about or prepare you for your planning application or appeal. Below you will find some useful information; however we would recommend getting one of our experts on board from an early stage for a free initial no obligation discussion to ensure you get the outcome you need.
Anyone who is contemplating carrying out “development” needs to check whether the proposal needs planning permission. There are some forms of development which do not require planning permission either because they are excluded by the Town & Country Planning Act 1990 or they fall within the Use Classes Order or the General Permitted Development Order or a Local Development Order. Assuming planning consent is required for the proposal then it is necessary to complete and submit an application with the appropriate supporting documentation and fee to the local authority for consent. The form you use, the amount of fee you pay and the supporting documentation you need to supply will vary. The main types of application are:
- Full planning consent – which includes detailed applications for buildings and engineering works as well as change of use
- Outline planning consent – where some or all matters are reserved
- Conservation area consent
- Listed building consent
- Works to trees
- Works to a hedgerow
- Display of advertisements
- Lawful development certificates
- Extension of time limits for implementation of existing permissions
- Application for a non-material amendment to an existing planning consent
There is a right of appeal to the Secretary of State where, among other things, the planning permission is refused or is granted subject to conditions. An appellant can ask for the appeal to be heard at a public inquiry (hearing) but changes introduced by the Planning Act 2008 gave the power to the Planning Inspectorate to decide the means by which all planning appeals will be processed. It is likely, therefore, that the vast majority of planning appeals will now be dealt with by written representations.
There is a further right of appeal from a decision of the Secretary of State by way of judicial review to the High Court but such challenges are rare as the grounds for challenge are limited to cases where the Secretary of State has exceeded his statutory powers or there has been an abuse of a discretionary power or an error in law or a breach of the rules of natural justice or alleged bias.