Planning permission is required if you want to change the use of a building or piece of land, build something, or make a major change to a building such as extending it. The risk of not obtaining the appropriate planning permission is that yourself or your business could be served with an enforcement notice.
There are occasions when planning permission is not required and this is when permitted development rights apply. There are specific permitted development rights that apply to agricultural holdings and buildings. If your farm is 5 hectares or more then you have permitted development rights to erect a farm building (up to 1,000 m2) or carry out excavations and engineering operations needed for agricultural purposes. Permitted development rights also enable the change of use of certain agricultural buildings to dwellings, commercial space or schools.
The first stage of any potential development is to understand whether:
a) it counts as permitted development; and
b) it requires full planning permission.
Often, projects which are permitted development still require an application process known as the ‘prior approval’ which assesses the proposals to ensure they comply with the permitted development regulations.
It is helpful to employ a qualified planner to help you understand what type of application is required and what information the Local Planning Authority will require to determine the application. Robinson & Hall has vast experience on a range of application types and is able to assist from the initial pre-application stages, preparation and submission of a planning application through to a decision and even to appeal.
Robinson & Hall’s Top Tips for a Successful Planning Application:
Common Pitfalls to Avoid when Applying for Planning Permission:
Have You Undertaken Development Without Planning Permission?
If you have undertaken development without planning permission, you could be at risk from enforcement action such as the receipt of an enforcement notice. It is illegal to ignore an enforcement notice and to do so could result in a stop notice being served, a large fine being issued or even potential prison time. There are only 28 days to appeal an enforcement notice and so if you are served with one, you should seek professional planning advice immediately.
Planning can be confusing and mistakes can be made. Breaches of planning can be regularised in two ways:
We have been involved with a variety of cases whereby planning was mistakenly not obtained, or enforcement notices have been served. We are well experienced in reviewing sites and cases on an individual basis and advising the best course of action.
Had Planning Refused? How We Can Help:
If you have submitted a planning application that has been refused by the Local Planning Authority, there are options for you to still proceed.
Appeal – Applicants can appeal planning authority decisions up to six months after the issuing of a decision notice. We offer a full appeal service, irrespective
if of whether we were involved in the initial planning application or not. We are able to advise on all types of appeals and have been very successful in overturning refused planning applications through the appeals process with the Planning Inspectorate.
Resubmission – We also have experience in assisting where applications have been refused or withdrawn. This could have been through a misunderstanding with the Local Planning Authority or because of missing information if the application was submitted without specialist planning advice. We can review previously submitted applications and assess what would be required at a re-submission stage to ensure a successful outcome. We work closely with third-party consultants and have good relationships with the Local Planning Authorities.
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For more information please contact Abel Bunu, Principal Planner on 01234 362891 or email email@example.comBack to articles