Planning is about how we plan for, and make decisions about the future of our cities, towns and countryside. Your local planning authority is responsible for deciding whether a development – anything from an extension on a house to a new shopping centre – should go ahead. For example, in most cases, it would probably not be a good idea to apply to build a nightclub or disco next to a retirement home.

However, careful and clever planning combined with sensitive design and landscaping can make some development acceptable where it would previously be thought unsuitable. This is the reason that applications are considered so carefully. The planning system is needed to control development in your area.

Check planning permission section of the government website for further guidance.

No. Certain developments can be done without the need for planning permission. This is known as “permitted development”. However, some or even all permitted development rights can be withdrawn by the use of an “Article 4 Direction”. This is issued when specific control is required over-development in an area of special importance, such as a conservation area.

A given size of extension is usually permitted development, which is normally set in cubic metres and percentage of the original building.  However, any work undertaken on the property since its construction counts towards this volume, including any work done prior to you moving in.  You should seek advice from Norton Taylor Nunn before considering undertaking additional work, just to be sure.

For further guidance on when is permission required, visit the government website which sets out when planning permission is required and different types of planning permission which may be granted.

The statutory determination period for validated planning applications, which local planning authorities should not exceed, is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications, and 16 weeks if the application is subject to an Environmental Impact Assessment (EIA).

Failure to determine the application within these deadlines means that the applicant can choose to appeal to the Planning Inspectorate on the grounds of non-determination.  Local planning authorities have to inform applicants of these rights.

See “Determining a planning application” on the government website which sets out the process and expectations on planning performance and decision making.

An EIA is an Environment Impact Assessment. It assesses how the proposed development will impact both on the nearby environment and on the wider environment generally. It is required for some sorts of development under European legislation. You are advised to contact your LPA for further information.

See “Environmental Impact Assessment” on the government website which explains the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

• The number, size, layout, siting and external appearance of buildings
• The infrastructure available – e.g. roads and water supply – and proposed means of access
• Any landscaping requirements
• The proposed use of the development
• The likely impact on the surrounding area

Rules governing outbuildings apply to summer houses, sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse.

If you are unsure if your planned building falls into the category of ‘outbuildings’ or if you are unsure if planning permission is required, please contact your local planning authority or a town planner.

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

• No outbuilding on land forward of a wall forming the principal elevation.
• Outbuildings and garages to be single-storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
• Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
• No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height)
• No more than half the area of land around the “original house”* would be covered by additions or other buildings.
• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.

*The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

Please note: The permitted development allowances described here apply to houses and not to:

• Flats and maisonettes (view our guidance on flats and maisonettes)
• Converted houses or houses created through the permitted development rights to change use (as detailed in our change of use section)
• Other buildings
• Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights.

Any plans for a conservatory will be subject to the associated neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.

Adding a conservatory to your house is considered to be permitted development, not needing an application for planning permission, subject to the limits and conditions listed below.

• No more than half the area of land around the “original house”* would be covered by additions or other buildings.
• No extension forward of the principal elevation or side elevation fronting a highway.
• No extension to be higher than the highest part of the roof.
• Single-storey rear extensions must not extend beyond the rear wall of the original house* by more than eight metres if a detached house; or more than six metres for any other house. If the house is in Article 2(3) designated land* or a Site of Special Scientific Interest, this limit is reduced to four metres if a detached house; or three metres for any other house. These limits are now permanent and subject to the neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
• Maximum height of a single-storey rear extension of four metres
• Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary opposite the rear wall of the house
• Maximum eaves height of an extension within two metres of the boundary of three metres
• Maximum eaves and ridge height of extension no higher than existing house
• Side extensions to be single-storey with a maximum height of four metres and width no more than half that of the original house
• Roof pitch of extensions higher than one storey to match existing house
• No verandas, balconies or raised platforms
• On Article 2(3) designated land* no permitted development for rear extensions of more than one storey
• On Article 2(3) designated land* no cladding of the exterior
• On Article 2(3) designated land* no side extensions.

* The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

* Article 2(3) designated land is land within:

• a conservation area; or
• an area of outstanding natural beauty; or
• an area specified by the Secretary of State for the purposes of enhancement and protection of the natural beauty and amenity of the countryside; or
• the Broads; or
• a National Park; or
• a World Heritage Site.

Please note: The permitted development allowances described here apply to houses and not to:

• Flats and maisonettes
• Converted houses or houses created through the permitted development rights to change use
  • Other buildings
  • Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights
• Where work is proposed to a listed building, listed building consent may be required.

Please be aware that if your development is over 100 square metres, it may be liable for a charge under the Community Infrastructure Levy

The records of the Planning Inspectorate (the board responsible for appeal applications) indicate that approximately one-third of planning appeals are successful, with this rate remaining relatively consistent over a significant period of time. This translates to approximately 33.33% – which is not an incredibly encouraging figure for those faced with rejection.

If you are concerned with the success of your planning application or have already faced rejection, employing a planning consultant is the best course of action. As professionals in the field of planning legislation, planning consultants are able to guide developers through the process of application and application alterations. 

Planning appeals, once processed by a local planning authority (LPA) are most often referred to the Planning Inspectorate. Applicants may proceed with a refusal by appealing to the Secretary of State via the Inspectorate, which manages planning appeals, national infrastructure planning applications, and specialist planning related casework within the borders of England and Wales.

Norton Taylor Nunn’s planning appeal consultants are able to take care of all aspects of an appeal, from the preparation of an appeal statement evidencing strong reasons for approval, to robustly challenging the opinion of the council in writing or consultation.

The appeal process, when conducted by a planning consultant, generally begins with an application review and audit. The decision notice will be thoroughly analysed, in order to establish initial weak points within the refusal. When combined with a more thorough highlighting the application’s strengths, this should increase the chances of a successful application.

Planning consultants may also provide a supporting planning statement, which addresses key issues, and sets out planning grounds in favour of the application.

Following this, a proposal indicating the likelihood of a successful reapplication will be proposed, and listed alongside cost.  These steps may be undertaken by an individual, but are generally much more effective with professional input.

The dismissal of a planning application appeal generally indicates that the application may not be taken any further. The most effective way forward from this point is most often a re-evaluation of the original submission, and appeal. This re-evaluation is most often conducted as the first step of the creation of an edited application, designed to appeal to any weaknesses noted in the rejection or dismissal note.

Involving a planning consultant on a previously dismissed development project can be an excellent way to get things back up and running. Norton Taylor Nunn’s team of specialist planning appeal consultants use their expertise to ensure the majority of appeals brought to us are approved.

There is no national average in terms of successful planning appeals as it varies greatly across the different boroughs and Local Planning Authorities (LPAs). However, the percentage of success rate could fall somewhere between 10%-30% based on previous records. This rate has tended to remain fairly constant through the years.

Appealing should always be the last resort when your planning permission is not granted or if certain conditions have been put on your application, which you are not happy about. Speaking to your local planning authority should be your first step.

Sometimes, amending your application with some changes to your proposals wins you the acceptance of your application. With quite a low rate of successful appeals, appellants should make sure they feel be confident at the time they make their appeal that they are able to make their full case. A planning consultant may help with the smooth running of your project and guide you on any appeal processes that may arise.

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.

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.

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.

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.