I sent a message to the council saying I don't think I need planning permission. They replied:
If you do not think you need planning permission then you do not need to do anything. it is only where you want a "legal determination" that you need to make an application for a certificate of lawful development (proposed)
What if I was wrong, and I did in fact need it ? Should I push for a certificate - would I need it at sale time ?
Simon.
Piece of mind is imperative. That response might of been from a pen pusher who hasn't a clue about planning permission and we all know what the council are like.
-- Sir Benjamin Middlethwaite
This is pretty much the standard response. Most, if not all local authorities have said that they have stopped giving informal planning advice in writing.
Generally they will give verbal advice, but only usually in general terms.
Really you have two options:
- Do your own research and satisfy yourself that planning permission is not required. For commonly done things (porches, garden buildings etc) there are references on the web site of your local authority or others. However, even if you are satisfied that you fall within the size and location parameters, you can be caught by other issues such as being in a conservation area, having a listed building etc. There is another one of whether permitted development rights have been withdrawn for your site. To determine that, you would have to obtain a copy of the original planning permission for the site, from the local authority or it may be with the registration documents for the property held by a building society etc.
- Apply for the legal determination. Basically you are paying for their research and admin costs to give you a piece of paper confirming that PP is not required.
Not long ago, I was looking into this issue in regard to wanting to construct a garden building. In terms of the general parameters, it was a non issue - I didn't require permission. However, permitted development rights were withdrawn at the time of the original site PP in 1984.
I checked the original PP document and researched the Town and Country Planning legislation, and it turned out that the applicable Act had been amended and replaced at least twice in the interim. I called the local authority and explained what I was intending to do. They confirmed that on a technical basis it was fine. I asked about whether permitted development was withdrawn for my site and they asked the address. Immediately they admitted that they had screwed up in the drafting of the original PP (hadn't made provision for future legislation, or perhaps couldn't) and the restriction would no longer be enforceable. As a result, I simply went ahead.
In terms of needing something for a sale, this would only arise if a purchaser's solicitor were to ask, and then you could apply for a legal determination certificate then.
If you feel uncertain about your position, then you may prefer to apply now.
Old house around 1920s, lots of similar extensions in the street. Considering the council's response I'm happy just to go on with it. I doubt others will have gone to the trouble of insisting on the legal determination. Cheers, Simon.
I recently had the same question and was sent a form entitled "Do I Need Planning Permission" or something very similar. This I returned with all the details and a drawing of the intended works. They replied and said planning permission was not required. Don't believe there was a charge for this IIRC.
Maybe these things depend on your local council, mine is East Riding of Yorkshire FWIW.
Phil
Right, I had some forms, but don't remember there being anything to send back. I really just want something from the council in writing, for the file, so to speak.
Simon.
You can ask them if you need permission. I took photos and drawings down to my council, and had an informal chat. I also investigated what things would help / hinder me getting permission. An extreemly usefull half hour, as when I applied I got it first time.
Rick
You haven't said what you are intending to do, Simon.
Don't forget also the matter of Building Regulations. There are exemptions there as well, some of which are superficially similar to planning requirements such as size of the item, but again there are details in the legislation and on LA web sites.
Again you can talk to the LA, but this time Building Control.
Undoubtedly. I went to see the planning dept earlier this year and was given what sounds like the same form. It took me about 6 weeks to get round to returning it, during which time the sods had introduced a fee (30 quid?) for the service and returned my form unprocessed!
David
Its no good asking a planning officer if you need permission, as his reply is non binding and essentially worthless if it comes to the crunch at sale time.
If you want a formal, binding response then you either apply for PP, or you apply for a 'Certificate of Lawfulness' which will tell you if your proposal is exempt. Either way you pay a fee. If you want something in writing and legally binding - even for permitted development confirmation, then you will have to formally apply.
It is your duty to determine if PP is required, and if you can't determine this yourself, then you should seek the advice of a person who is experienced in planning matters.
dg
I got a fairly helpful letter from Warwick District Council when I was converting part of the garage into a temporary bathroom for a 95-year-old relative. They said "From the information provided, I am of the opinion that the {proposed development} will not require planning permission. This is because . . {list of reasons}. It is an informal opinion and does not constitute a legal determination under Section 192 of the Town and Country Planning Act 1990 (as amended)."
Since the work was urgent, I went ahead without further ado. OK, it's not legally binding and it may not satisfy a future purchaser's solicitor - but I hope to have re-instated the garage by the time I sell, anyway!
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