PLANNING RIGHTS AND WRONGS by By David Hobbs, consultant to Byron D Hobbs More homeowners are finding their efforts to get planning permission for a home or garden improvement stressful, and fraught with problems. This is in no small measure due to the complexity of the rules and regulations enshrined in the Town & Country Planning Acts. So, how do we reduce these stresses and overcome these problems, when all we may require is a kitchen extension, a summerhouse, a greenhouse or garden shed? Understanding what needs planning permission (and what is regarded as Permitted Development) is increasingly confusing to say the least. We need to tread a legitimate path through the rules despite them being so difficult to comprehend. Some people see the solution as speaking to the planning office at their local council. Wrong! There is no merit to alerting the planning office to your wishes (particularly if they may in some way be sensitive or contentious). I recommend you firstly establish if your proposal/project may or may not comply with the local planning policy – a critical factor too often ignored or disregarded. Frequently because most of us simply do not know the ground rules, or the special language spoken only by planning officers. The question is: how do you start your journey to a successful planning application? Put simply, the right approach is to get the right advice from the right source at the outset; and to act upon it! Many of my clients who have got themselves into difficulty with the planning system have said to me “I rang the Planning Office to find out what they will allow”. Oh, please! It’s almost as bad as asking the local gamekeeper if he would mind you stealing a few of his pheasants. Moreover, I intensely dislike the assumption/attitude that they have the power to allow something as profound as, say, a simple improvement to our home or garden. If all you want is a simple kitchen extension, you may be forgiven for thinking that the recent high profile media-speak is accurate: and that you don’t need planning permission at
all, or if you do, it will be granted as a matter of course. Wrong again! It is true that in most cases (excepting relevant neighbour issues) and where a special planning status is not applicable, you will probably have a reasonably easy journey. Unfortunately, most of us live in homes in close proximity to our neighbours, or that either have some architectural merit or are located in areas of a particular planning status. In these instances, it is often where the difficulties start. Frequently, you will see notices displayed near a house or site on which a recent planning application has been made. In some instances you will need to advertise your proposal in the local paper. These arrangements are designed to alert local people to your proposal and to allow them the opportunity of making representations – good, bad or indifferent. Indeed, anyone can comment on your proposal, whether or not they are qualified so to do or not. And often they are not! So with rules, regulations, neighbours and random (seldom supportive) comments lodged with your council, this journey is looking far from easy. To be successful you are likely to require the services of a specialist. What specialist then, and where do I find one? Actually, this is not as difficult as you might imagine. The planning officer dealing with your application will more than likely be a chartered member of The Royal Town Planning Institute (RTPI). If you want an equally qualified opinion in your corner it makes obvious sense to consult with an RTPI member who operates in the private sector. He/ she will naturally speak the planning language I mentioned earlier. They will also be able to study the local plan applicable to your area, and to advise you on the compliance, or otherwise, of your proposal. The RTPI will happily supply you with a list of their members local to you. The best advice never comes cheap, so I suggest you get quotes from three outfits before you decide. The planning system with all its faults is by and large an exceptional success for all us living in Britain today. We rather take it for granted, and moan about its deficiencies We don’t want urban sprawl despoiling unique countryside, but we want the right to improve our homes and gardens within the legal requirements, and we don’t want unnecessary stress doing it! NEXT ISSUE: Some of the issues of how your garden can be affected.
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