Homeowners

Householder Planning Applications

If you are looking to extend your existing home, or add a structure within the your garden that isn’t covered by Permitted Development*, then this simplified application process for obtaining full planning permission may be appropriate. This type of application can only be used for proposals to alter or enlarge a single house, including works within the property boundary. For similar projects affecting flats, more than one dwelling or that involve a change of use, a full planning application is required.

* see Certificate of Lawfulness Applications

How we can help

While a Householder Planning Application is submitted utilising a simplified application form and generally requires less supporting information and documents, it can still be a daunting task for anyone unfamiliar with the planning system.

We are here to guide you through the process, from providing the required plans and drawings to completing the application form and certificates, we can manage your application from first inception all the way to discharging any conditions that may be imposed with a planning consent.

Certificate of Lawfulness Applications

(Proposed Use or Development)

Many projects within the curtilage (boundary) of a residential property don’t require planning permission. A garden shed or even a modest extension may be allowed without the need to apply for consent. However, the rules can be complicated, for example the maximum height allowed for an outbuilding or shed varies depending on the type of roof (dual-pitched or flat) and on the distance from the property boundary (within 2 metres).

It is important to be sure your project meets the requirements of permitted development as getting it wrong can have serious consequences and, worse case, you may be required to remove or demolish a shed or outbuilding if they don’t meet the requirements and the local planning authority take enforcement action.

An application for a Certificate of Lawfulness (Proposed Use or Development) provides the certainty that your project meets the requirements, and even in the unlikely circumstance that an application is approved and it is later found that it didn’t meet the rules for permitted development, provided the project has been carried-out as shown in any approved plans or drawings, the local planning authority would be unable to take enforcement action.

Even if you are sure that your project meets the requirements to be permitted development, it may still be advisable to apply for a Certificate of Lawfulness. When acting for clients buying a home, solicitors often want to see proof that any new buildings or structures are permitted, either by seeing a copy of a planning consent or a Certificate of Lawfulness.

How we can help

We would be pleased to assess your project and advise if it meets the requirements to be permitted development. If you current proposals doesn’t meet the requirements, we will work with you to see if changes can be made to to bring it in line with them, while maintaining your project objective. On occasions where this can’t be achieved, we will advise on alternative options, such as submitting a Householder Planning Application.

Once we have confirmed that we consider your project meets the rules to be permitted development, we can prepare and submit the required application, and supporting documentation, and submit this to your Local Planning Authority on your behalf.

Certificate of Lawfulness Applications

(Existing Use or Development)

Planning rules are commonly breached and unless the Local Planning Authority undertakes enforcement action, generally no ‘offence’ is committed by doing so (except in some circumstances, such as works to a Listed building). Sometimes breaches of planning control are unintentional, for example a garden shed being erected in a front garden without planning permission (they must not be sited forward of the principle elevation to fall within permitted development). On other occasions planning rules may be deliberately broken, for example converting a garage into a separate dwelling for let.

Where planning rules have been broken for a continuous period of time, 4 or 10 years depending on the type of development, then the breach may become immune from enforcement. This means that should the Local Planning Authority later become aware of the breach, and it can be evidenced that the breach is immune from enforcement, then they will be unable to successfully take action.

However, this is an uncertain position. Until the Local Planning Authority have considered all the evidence, they may not agree that the development is immune from enforcement. For example, in the case of a garden shed, if it were moved from one location within the front garden to another, the 4 year ‘clock’ would start again. Or, in the case of the garage having been converted into residential accommodation, if this was used as a ‘granny annexe’, with the occupant living as one household with the residents of the main dwelling, this would not be a change of use and therefore the ‘clock’ would not have started to it becoming a separate dwelling.

There are many reasons to seek a Certificate of Lawfulness (Existing Use or Development), perhaps to give you the certainty and peace of mind that you won’t face enforcement action, or ahead of marketing your home for sale. When selling your property, in most cases, a potential purchaser’s solicitor will require evidence that any development or change of use is lawful, either by providing a planning decision notice or a certificate of lawfulness, before advising their client to proceed.

How we can help

Before applying for a Certificate of Lawfulness (Existing Use or Development) it is important to be as certain as possible that it will be granted. If the Local Planning Authority receives an application which they consider doesn’t meet the requirements, they may well consider enforcement action following refusal.

We will work with you to gather the evidence required to support your application, such as preparing a Statutory Declaration (a legal document where someone who has relevant information provides it under oath) or obtaining historic aerial photography. We will then undertake an assessment as to whether we consider sufficient evidence is available for a Certificate of Lawfulness application to be successful.

Should, based on our advice, you decide to proceed with an application, we will prepare and submit the application on your behalf, including completing the required forms and supporting documentation.

Full Planning Application

A full planning application is required for projects that require planning permission but aren’t either covered by permitted development or isn’t covered by the Householder Planning Application process. Examples of the type of projects that will require a Full Planning Application include a new or replacement house, the conversion of a residential outbuilding to create a separate dwelling or change the use of your property, such as from a dwelling to a hotel or nursing home.

A full planning application involves providing detailed plans and drawings of your proposed development, as well as supporting documents such as a planning, design and access statement, a heritage statement, a flood risk assessment, or an ecological survey, depending on the nature and location of your project.

Preparing and submitting a full planning application can be a complex and time-consuming process, especially if you are not familiar with the planning system and the requirements of your local planning authority.

How we can help

We can offer you a range of services to help you achieve your development goals, including:

- Advise you on the feasibility and suitability of your project and the likelihood of obtaining planning permission.

- Conduct a site visit and assessment to identify any potential issues or constraints that might affect your project.

- Prepare and submit the full planning application on your behalf, ensuring that it complies with the relevant policies and standards and that it showcases the benefits of your project.

- Liaise with the planning authority and other stakeholders, such as Natural England, Environment Agency and the local Town/Parish Council, throughout the application process, responding to any queries or objections and negotiating any amendments or conditions that might be necessary.

- Monitor the progress of your application and keep you informed of any developments or decisions.

- Appeal against a refusal or challenge an unfavourable decision if needed.

Planning Enforcement

***Under Construction***

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