Navigating the complexities of planning regulations within a London borough can be daunting. This guide provides a comprehensive overview to help you understand when you need planning permission, what constitutes permitted development, and how to find out if you need to apply for planning within your specific London borough. Understanding these rules is crucial before undertaking any building work.
Understanding Planning Permission
What is Planning Permission?
Planning permission is the legal consent required from the local planning authority for certain types of development on land. Development includes building work, change of use of land or use of a building, and engineering operations. This system, governed by town and country planning legislation, ensures that development is carried out in a way that aligns with local and national planning policy and protects the environment and local amenities. If planning permission is required, it is a statutory requirement that you apply for planning permission.
Importance of Planning Permission
Obtaining planning permission is essential for several reasons. In particular, it’s important because:
- Carrying out development without planning permission can lead to enforcement action by the local planning authority, potentially requiring you to demolish or alter the unauthorised work.
- Planning permission is needed to ensure that developments are safe, sustainable, and considerate of their surroundings.
Thirdly, having the appropriate permission increases the value of your property. You need to apply for planning permission before undertaking building work or any change of use.
When Do You Need Planning Permission?
Generally, you need planning permission for any significant extension or alteration to your property, a material change of use of land or buildings, or any development that does not fall within the scope of permitted development. Permitted development allows for certain types of development to be carried out without planning permission. If you are unsure as to whether you need permission, you can apply for a lawful development certificate to the local planning authority. A lawful development certificate provides legal certainty about the lawfulness of a proposed or existing development.
Types of Development and Permissions
Permitted Development Rights
Permitted development rights allow homeowners to carry out specific types of building work, such as certain extensions or loft conversions, without planning permission. These rights are subject to limitations and conditions, outlined in the town and country planning regulations. To find out if you need to apply for planning, check if your proposed building work falls within the scope of permitted development rights for your London borough.
Change of Use and Planning Permission
A change of use of a building often triggers the requirement to apply for planning permission. The use classes order categorises different types of building use, and changing the use from one class to another may require planning permission. It is essential to consult with the local planning authority and find out if you need to apply for planning before implementing a change of use in your London borough, so you comply with planning and building regulations.
Office to Residential Conversions
Converting an office to residential use is a common change of use, but it does not automatically qualify as permitted development. While some prior approval routes exist, these are subject to specific conditions and limitations. The local planning authority must assess the impact on various factors, including transport and highways. Check with your London borough to find out if you need to apply for planning for such a conversion, ensuring all necessary permissions are obtained. You may need to apply for planning to do so.
Special Considerations in London
Conservation Areas and Listed Buildings
In conservation areas and for listed buildings, stricter regulations apply to any building work. Any extension, alteration, or demolition work in these areas will likely require planning permission and, in the case of listed buildings, listed building consent. Consult the local planning authority early in your planning process to understand the specific requirements and restrictions. Failure to comply may lead to enforcement action in the London borough.
Article 4 Directions Explained
An Article 4 direction is a tool used by local planning authorities to remove permitted development rights in specific areas. This means that even if a development would normally be allowed without planning permission, an Article 4 direction may mean you need planning permission. These directions are common in conservation areas and other sensitive locations in a London borough, so check with the local planning authority before beginning any building work.
National Planning Policy in London
National planning policy provides a framework for local planning policy decisions across the country, including London. While local planning policy considers specific local needs and characteristics, it must align with broader national planning objectives, such as sustainable development. In your London borough, understanding both national and regional policies is essential when preparing a planning application or assessing whether you require planning permission and whether you need to apply for planning.
How to Find Out If You Need Planning Permission
Using the Planning Portal
The planning portal is an invaluable online resource that can help you find out if you need to apply for planning permission for your proposed building work. It offers guidance, interactive tools, and detailed information on permitted development rights. By using the planning portal, you can often determine whether your project, such as an extension or a conversion, falls within permitted development or whether you require planning permission in your London borough.
Prior Approval Processes
Some types of development, such as certain change of use projects or larger home extensions, may be subject to prior approval processes rather than a complete planning application. Prior approval requires you to submit specific details of your proposal to the local planning authority, which will then assess certain impacts, such as transport or noise. If the local planning authority must assess a proposal and grant prior approval, then planning permission is required before proceeding with the building work in your London borough.
Seeking Planning Advice
If you are uncertain about whether you need planning permission, seeking professional planning advice can be extremely helpful. Planning consultants and architects can assess your proposal, review local planning policy, and advise on the likelihood of obtaining planning permission. They can also help you prepare and submit a planning application, ensuring all necessary information is included. It is essential to determine if you need to apply for planning permission early on to avoid potential issues later.
Building Control and Approval Requirements
Understanding Building Control
Building control is separate from planning permission and focuses on ensuring that building work meets minimum standards for health, safety, accessibility, and energy efficiency as defined by building regulations. Regardless of whether you need planning permission, most building work will require building control approval. This ensures the structural integrity and safety of the building work in your London borough.
Building Control Approval vs. Planning Permission
It’s crucial to understand that building control approval and planning permission are distinct. Planning permission addresses the acceptability of development in land use terms, while building control ensures that the technical aspects of the building work comply with building regulations. You may need planning permission and building control approval for the same project. Even if you don’t need planning permission due to permitted development, you’ll likely still require building control approval in your London borough.
Common Projects Needing Planning Permission
Several common projects often require planning permission. These projects and related actions include:
| Project Type | Consideration |
|---|---|
| Significant extensions, loft conversions that alter the roof line, change of use of a building, building work that affects a listed building or a conservation area, and any development restricted by an article 4 direction. | Apply for a lawful development certificate or contact your local planning authority to find out if you need to apply for planning permission for your project in your London borough. |
