FAQs

In the United Kingdom, the development and construction sectors are subject to government legislation, with Local Authorities generally responsible for ensuring compliance. The planning process is primarily a matter of “policy” rather than rigid “rules,” and this implies that individual Councils, each equipped with its unique policy framework, wield substantial influence over the actual development that occurs within their respective boroughs. In contrast, building regulations are consistently applied across most of the UK and are typically administered by Local Authorities. Additionally, Local Authorities may grant authorization to private consultants, often referred to as “Approved Inspectors,” to inspect building work and issue compliance certificates.

It’s crucial to understand that planning applications and applications related to building regulations are distinct processes. Both require prior approval before commencing construction work. In rare cases, retrospective approval may be sought, although this is not advisable due to the substantial risks it entails for developers.

Planning policies and guidance primarily aim to regulate and manage development, leading to various restrictions on land and building usage. Planning also governs aspects such as aesthetics, landscaping, traffic flow for vehicles and pedestrians, and overall environmental impacts.

Building Regulations, on the other hand, establish standards for health and safety concerning the design and construction of buildings. It’s important to note that additional areas of legislation may be pertinent to your specific building project. These may include considerations related to Means of Escape, Disability Discrimination, The Party Wall Act, The Construction Design and Management Regulations 2015 (CDM15), and approval requirements from entities like Thames Water or other infrastructure providers. If you have questions or require guidance regarding the potential impact of any of these aspects on your project, please feel free to contact us at enquiries@lyondale.co.uk.

Local Planning Authorities (LPAs), typically your local Council, are legally mandated to complete the determination process within 8 weeks from the date of validation for most common types of planning applications, including ‘Householder’ applications. There are various application types, such as advertisement applications and ‘major’ applications, each governed by different government-set timeframes. In cases where planning committees decide the outcome, there might be additional delays to align with Council agendas.

In practice, the majority of applications are indeed considered within the statutory timeframe. However, it’s worth noting that while the government provides statistics to monitor the performance of each LPA, there are occasions when these timeframes are not met. If you encounter a delay beyond the statutory period, please reach out to us, and we can provide guidance, including your right to appeal for ‘non-determination.’ Our experience suggests that, in many cases, it is more advantageous to negotiate an extension of time rather than hastily initiating an appeal process.

It’s essential to recognize that the 8-week period represents only one segment of the overall planning process. If you opt for a formal pre-application, there may be several weeks before your application is formally submitted. Most Councils have a ‘service standard’ for pre-application, but it is frequently not met, and there is typically no legal recourse in such instances.

Furthermore, Councils implement a validity process to assess applications against local and national validity requirements, which include checking for completeness and accuracy. This validity process typically takes 3 to 10 working days. Unfortunately, we often witness Councils rejecting applications on a routine basis, citing minor discrepancies or omissions, or sometimes failing to acknowledge that the Council fee has been paid. While this can be frustrating for applicants, the validity process can occasionally extend beyond 2 weeks.

Who decides?
The determination of your planning application typically falls under the jurisdiction of your Local Planning Authority (LPA), which is typically your local Council. The specific decision-making process is contingent upon the application type, its level of complexity, the presence of political sensitivities, and any objections raised by interested parties. Consequently, your application may ultimately be decided through either ‘delegated powers’ (i.e., by planning officers), by a Council committee, or by the Planning Inspectorate in the event of an appeal.

How is the decision made?
The decision-making process involves a thorough evaluation of the ‘material considerations’ pertinent to the application. These considerations can either be favorable, supporting the application, or unfavorable, potentially leading to a rejection. Prior to submitting your application, the Local Planning Authority (LPA) can provide a preliminary appraisal upon request. In this appraisal, we outline the ‘pros’ and ‘cons’ associated with your proposal to help you gain a clearer understanding of its strengths and weaknesses.

What are the material considerations?

Planning in the UK is predominantly shaped by policy rather than rigid rules. While policy originates from the government, including the National Planning Policy Framework (NPPF), the policies that have the most significant impact on smaller applications often stem from your Council’s Local Plan or other framework documents. These policies make up a substantial portion of the ‘material considerations.’ However, given the intricate and distinct nature of policies influencing specific applications, many applications present challenges in terms of predictability.

It’s worth noting that approximately 80% of applications receive approval. Lyondale Planning Ltd can help you identify the material considerations and assess the ‘pros’ and ‘cons.’ This assessment provides a valuable indication of the likelihood of success for your application.

If your planning application gets refused, you usually have 3 options worth considering:

• Appeal
• Re-apply
• Do nothing

In many instances, pursuing an appeal with the Planning Inspectorate is a worthwhile course of action. This government department, headquartered in Bristol, handles all appeals in England and operates independently from your Local Planning Authority. Surprisingly, less than 20% of planning refusals result in appeals, possibly due to concerns about associated costs. Therefore, we encourage you to reach out to us, and we can provide guidance on both the expenses and advantages of pursuing an appeal. If your planning application involves a Householder development, such as a loft conversion or extension, you have a 12-week window from the date of the decision to initiate an appeal. In most other cases, you have up to 6 months to do so.

A re-application often presents an attractive option since there may be modifications you can implement in your proposal to align it with the Council’s requirements. As a starting point, we recommend obtaining the officer’s report and assessing the extent of the planners’ concerns. We can facilitate this process and provide expert advice on the necessary adjustments to maximize your chances of obtaining approval.

In certain scenarios, it might be beneficial to adopt a ‘twin-track’ approach, which entails both an appeal and a re-application. Alternatively, a formal pre-application process might be recommended. If the prospects of securing planning approval appear grim, we are committed to offering candid and impartial advice. Our experience includes successfully navigating planning refusals through appeals and reapplications, so we invite you to contact us at 0800 677 1999 or reach out to us for further assistance.

The Royal Town Planning Institute (RTPI) advises that the benefits of employing a Chartered Town Planner are:

• Delivering precise, unbiased, and cost-efficient professional planning guidance to facilitate a streamlined progression of their clients’ planning applications through the frequently intricate and costly planning process.
• Presenting an innovative and impartial perspective in resolving intricate planning challenges.
• Fostering effective relationships with the Local Planning Authority, the community, and all parties impacted by their clients’ planning applications.
• Maintaining professional indemnity insurance to safeguard both themselves and their clients.
• Facilitating direct engagement with Barristers, eliminating the need for clients to involve a solicitor as an intermediary.

Councils frequently require specialized reports to present evidence related to issues that impact a planning application, such as those concerning trees or transportation matters. The specific types of supporting information required are typically outlined in the planning ‘validity lists’ maintained by the Councils. If the expertise of a specialist is necessary, you have the discretion to appoint them. However, we are more than willing to provide you with contact details for professional experts with whom we have previously collaborated.

In strict accordance with our rigorous standards of professional ethics, we do not accept any type of remuneration from other consultants or contractors. It’s crucial to emphasize that the Local Planning Authority (LPA) does not have a direct role in appointing specialists. Consequently, as the client, you assume the responsibility for the fees associated with engaging these specialists.

We uphold an extensive network of seasoned specialists, comprising experts well-versed in handling pivotal planning challenges, and we are fully prepared to provide our expertise in this domain.

• Structural Engineers
• Arboricultural Consultants
• Flood Risk assessment consultants
• Daylight consultants
• Topographical Surveyors
• Acoustic Consultants
• Highways and Transportation Consultants
• Planning Lawyers and Barristers
• Party Wall Surveyors
• Landscape Consultants
• Archaeological Consultants

Should you require guidance on whether the involvement of a specialist is necessary at any stage, do not hesitate to inquire with us. Typically, within the bounds of our agreed service scope and fixed fee, we include provisions for aiding in these appointments and facilitating effective communication with specialists to enhance and streamline your planning process.

While it’s essential to understand that no planning consultant or any other agent can provide an absolute guarantee of obtaining planning approval, the Local Planning Authority (LPA) can furnish an impartial and professional evaluation of your application. We can identify the ‘material’ considerations and present them in straightforward terms, outlining both the ‘pros’ and ‘cons.’ This assessment offers a valuable insight into the likely outcome of your application.

To enhance the prospects of achieving your desired result, we may recommend specific actions, such as engaging in a formal pre-application process. This process allows for a constructive dialogue with planners to clarify their areas of support, non-support, and potential considerations. Councils typically welcome and endorse pre-applications, signifying your willingness as an applicant to collaborate with them in shaping a mutually agreeable proposal. They may even propose design adjustments that could increase the likelihood of a subsequent Full Planning application securing approval. Furthermore, any other feedback and comments obtained during the pre-application phase would be integrated into the full planning application to maximize the likelihood of a favorable outcome.

Additional strategic approaches that can enhance your chances of obtaining planning permission include our Development Appraisals, thorough planning research, ‘twin-track’ applications, appeals, and optimizing your Permitted Development opportunities.

For most planning applications, once the application is submitted (with the majority now being submitted online through the Planning Portal), a written receipt is generated. The process of assessing your application commences with an initial Council ‘validity’ phase, followed by a consultation period, and only after that, a planning officer undertakes a comprehensive evaluation. During the validity phase, the Council may provide comments, ultimately culminating in confirmation of the application’s validity, a process typically completed in less than two weeks. We ensure that you receive copies of all pertinent communications throughout the entire planning process, and we can clarify their significance as needed.

Once the application is deemed valid, you have the ability to monitor progress at any time through the Council’s website. However, it’s important to note that these websites may not consistently offer a complete overview. For instance, certain information may be redacted, and there could be occasional omissions or errors in the online information or statements. Councils may differ in their approach to information presentation on their websites, particularly concerning politically sensitive matters or planning enforcement. Not all Council websites are equally user-friendly, so we are readily available to provide progress updates upon request and throughout the planning process, adhering to our service standards.

As an application approaches the statutory deadline for issuing a decision, typically within 8 weeks from the validity date, we place significant emphasis on monitoring the progress. We actively engage with planning officers to ascertain their support for an approval, and we will keep you informed of this dialogue. If necessary, we will recommend specific actions to facilitate approval.

Upon the issuance of the planning decision, we ensure that you receive a copy and provide advice regarding the rationale behind the decision, the implications of any associated planning conditions, and the available ‘next steps.’