Planning Permission - What are the procedures?

Planning Permission - What are the procedures?

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georgefreeman918

Original Poster:

608 posts

99 months

Tuesday 21st February 2017
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There seems to be an endless amount of details online regarding applying for planning permission, but I can usually rely on PH to give straight to the point, honest answers and you seem to be a knowledgeable bunch!

Say I had some green belt land and wanted to build a residential property on it. The lad currently has no planning permission for a residential property.

What are the steps to acquiring planning permission?

Before sinking money into architects, is there a way to find out whether the land can be built on?

Muncher

12,219 posts

249 months

Tuesday 21st February 2017
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Green belt land, forget about it, not going to happen unless the design has truly exceptional merit and even then only a handful are ever granted permission and the process is difficult and needs a specialist to put the proposal together. There was a thread on it recently.

anonymous-user

54 months

Tuesday 21st February 2017
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Talk to a planning consultant, they'll tell you if there's any point in pursuing it further.

Steve H

5,280 posts

195 months

Tuesday 21st February 2017
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The borough will have a "local plan" which covers areas that can be developed for housing etc. If the land you are considering is outside these areas then it's extremely difficult to get permission to build.

The plan will be available at your local council offices.

anonymous-user

54 months

Tuesday 21st February 2017
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What Muncher said. Unless you have a bottomless pocket (or better still, a well) and are looking at building something of 'exceptional architectural merit' then you haven't got a hope in hell, sadly. We're looking at Christopher Wren types of the 21stC. Or even the 22nd century, 'cos that's how long it'll take to get through planning. I'm a glass half full type of girl, so that's quite positive advice. Good luck. Make sure you do a build thread!!

georgefreeman918

Original Poster:

608 posts

99 months

Wednesday 22nd February 2017
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I will get in touch with local council to see if there are any plans.

Appreciate the above comments. A neighbour recently built a very large bungalow and garage on a similar plot less that 300m away, which I assume that they got planning permission for, but it was their land and they are a farmer!

A build thread would definitely be in order - PH loves a good build thread!

Equus

16,881 posts

101 months

Wednesday 22nd February 2017
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skintemma said:
What Muncher said.
Thirded.

The approach was formerly known as 'Gummer's Law', but is now known as 'Paragraph 55', after paragraph 55 of the National Planning Policy Framework.

If you have very deep pockets and an equally deep masochistic streak, contact me: I am Director of an Architectural practice, and we have a fair amount of expertise on Paragraph 55 on our team. We'll be happy to separate you from large quantities of your money, whilst not guaranteeing any sort of result.smile

Equus

16,881 posts

101 months

Wednesday 22nd February 2017
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georgefreeman918 said:
A neighbour recently built a very large bungalow and garage on a similar plot less that 300m away, which I assume that they got planning permission for, but it was their land and they are a farmer!
Look up the documentation for their Planning Permission (usually available online, on the local authority's website). You're looking, in particular, for the 'Officer's Report', which is a written document by the Planning Officer who dealt with the case, explaining the things he or she considered when arriving at their recommendation on whether to approve or refuse the application.

I'd be willing to bet a fair amount of money that it has been justified as an 'rural worker's dwelling', and will have a condition attached to the Planning Permission to say that it has to be occupied by an agricultural worker (usually known as an 'agricultural tie'). You can get such conditions lifted, further down the line, but to get the permission in the first place you usually have to make a pretty strong case that it is necessary to have a dwelling in that specific location to support an agricultural holding or forestry work. Having proved this in order to gain your permission, you will then need to prove that the situation has changed to the point where the dwelling is no longer either necessary or viable as an agricultural worker's dwelling, before they will remove the tie.

It's a damned sight easier than a paragraph 55 justification, mind you, and again we have plenty of experience of getting agricultural ties removed... but it's a long-term bet and you'll need to own enough land to form a viable, stand-alone agricultural holding, and to prove that there is no other reasonable way of servicing it.

Highway Star

3,576 posts

231 months

Wednesday 22nd February 2017
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Equus said:
Thirded.

The approach was formerly known as 'Gummer's Law', but is now known as 'Paragraph 55', after paragraph 55 of the National Planning Policy Framework.

If you have very deep pockets and an equally deep masochistic streak, contact me: I am Director of an Architectural practice, and we have a fair amount of expertise on Paragraph 55 on our team. We'll be happy to separate you from large quantities of your money, whilst not guaranteeing any sort of result.smile
If it is actually Green Belt, then paragraphs 87-89 of the NPPF is what the OP needs, starting off with the two phrases

Para 87"As with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances."

Para 89"A local planning authority should regard the construction of new buildings as inappropriate in Green Belt" - then have a look to see whether his circumstances match any of the para 89 exceptions.

If rather than Green Belt, it is actually just 'greenfield' - undeveloped land not actually designated as Green Belt, then yes, perhaps para 55 would be pre-eminent if it were located in what the local authority deem 'open countryside'.

Difficult to say really as the OP's profile says he's in Yorkshire which has plenty of both of Green Belt and greenfield, though what he says about the neighbouring farmer leads also me to suspect its just 'greenfield open countryside' and the farmer has got an agricultural occupancy house under para 55, that being one of the para 55 exceptions as well as the architectural or technical merit one?

Edited by Highway Star on Wednesday 22 February 21:54

Equus

16,881 posts

101 months

Thursday 23rd February 2017
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Highway Star said:
...then have a look to see whether his circumstances match any of the para 89 exceptions.
There are none, effectively, beyond the Agricultural and Forestry workers dwelling. All other exceptions in 'genuine' greenbelt must be in (or just possibly limited extensions to) exiting settlements.

OP: as you will have gathered from Highway Star's post, there is a difference between 'greenbelt' and open countryside. Many people refer to all open countryside as 'greenbelt', but the correct use of the terms is for a distinct corridor of land that its established on the Planning maps around major settlements (towns or cities) to prevent them 'creeping' outwards and absorbing both the surrounding countryside and smaller rural settlements.

It is likely that Planning Authorities will be forced to reconsider housing allocations in Greenbelt in the near future, as there simply isn't enough land supply for housing, otherwise, but if they do so it will be for major developments of hundreds of dwellings, not for individual, one-off houses.

anonymous-user

54 months

Thursday 23rd February 2017
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Equus, are you available for some informal advice? Could you message me? (I would message you, if I had any idea how - email is mrsmeaden@googlemail.co*) I don't have deep pockets, but have a potentially prime site for development on someone else's behalf which could potentially make our pockets very deep. I absolutely don't mind paying, but your confidence inspires me. Which is quite rare wink