Statutory Permissions & Approvals

Statutory Permissions and Approvals

What Statutory Permissions and Approvals do you need?

Statutory Approvals are an expression which refers to the legal requirement to obtain consent or authorisation for Planning Permission and Building Regulations approval for your proposed work. Other statutory requirements once Planning Permission and Building Regulations are approved include The Party Wall Act 1996 and The Construction Design and Management Regulations 2015. If these are not followed correctly, you could get prosecuted.

Planning Permission

Let’s start with Planning Permission. Your project will either require Planning Permission, or it may fall within your ‘Permitted Development’ rights. Obtaining Planning Permission can be a challenge depending on the nature of your project and will take some time to achieve. At present, the planning system should take 56 days to reach a decision and in some cases it can take longer depending on the Local Planning Authority (LPA). The outcome of any planning application will either be Granted, Refused or Withdrawn. The LPA may also impose conditions to a planning application which will need to be discharged before the works commence. In some cases, an Article 4 direction can be imposed on a planning permission which extinguishes the future possibility of building anything further in the future under permitted development.

There are different types of planning applications that can be made and these will be dependent on your particular project. The most popular application types include and are not limited to:

  • Householder Planning Permission

  • Householder Planning & Demolition in a Conservation Area

  • Householder Planning & Listed Building Consent

  • Full Planning Permission

  • Full planning & Demolition in a Conservation Area

  • Full Planning & Listed Building Consent

  • Approval of Details Reserved by a Condition (Discharge)

  • Tree Works: Trees in Conservation Areas/Subject to TPOs

  • Lawful Development: Existing Use

  • Lawful Development: Proposed Use

  • Prior Approval: Larger Home Extension

  • Hedgerow Removal Notice

  • Tree Works: Trees in Conservation Areas/Subject to TPOs

The planning process enables the LPA to control what can be built and that each development is considered individually on their merits, to be of appropriate scale, appearance, avoid overlooking and is in keeping with your local area and planning policies. Each LPA follows the National Planning Guidance and provides this in a form of the ‘Local Plan’ which provides information relating to local planning policies and guidance. A copy of the Local Plan can be obtained from your Local Planning Authority (LPA).

Additional information regarding National Planning Polices and Permitted Development Rights can be found on the Planning Portal.

What is Permitted Development?

Permitted Development Rights allow householders to improve and extend their homes without the need to apply for Planning Permission for works of a certain nature that tend to be small in scale and non-obtrusive to the surrounding area. However, not every home has Permitted Development Rights. If your home falls into one of the categories below, then you will not have any Permitted Development Rights and you will have to make a planning application:

  • Designated Land and Sites of Special Scientific Interest

  • National Parks & The Broads

  • Areas of Outstanding Natural Beauty

  • Conservation Areas

  • Listed Buildings

  • World Heritage Sites

  • Properties with an Article 4 Direction

The type of work that can be carried out under Permitted Development include the following examples:

  • Conservatories

  • Garages & Outbuildings

  • Porches

  • Single Storey Extensions

  • Two Storey Extensions

  • Loft Conversions

  • Roof Alterations

  • Solar Panels

  • Trees & Hedges

  • Windows & Doors

For every type of work mentioned above, you may be able to extend or alter your property without the need to apply for Planning Permission. This is provided that your project meets a set of limits and conditions for each type of work and largely depends on the dimensions and position of the proposed works and its proximity to the boundaries.

Given the very substantial variations in the design of individual houses, this guide cannot cover all possible situations that may arise. Where there is any doubt as to whether a development would be Permitted Development, advice should be sought from the Local Planning Authority. To be certain that a proposed development is lawful and does not require an application for Planning Permission, it is possible and advisable to apply for a ‘Lawful Development Certificate’ from the Local Planning Authority.

Further information on Lawful Development Certificates can be found on the Planning Portal.

For each of the different type of planning applications listed above, there will be a fee required to be paid when a planning application is made to the Local Planning Authority (LPA). A fee calculator is provided on the Planning Portal.

Until Planning Permission is secured whether that be through a planning application, or through your Permitted Development Rights, no further work can commence. Once planning has been secured you will need to consider the other statutory requirements of your project which may include The Building Regulations, The Party Wall Act 1996 and The Construction Design and Management Regulations 2015.

Planningtrevor smithPlanning Application, Project Timescales, Statutory Permissions, Statutory Approvals