Advice Pack The PAS2035 stages - Stage four – Planning Permission
Introduction
Many retrofit measures do not require planning permission, but some local authorities have specific rules, especially for older buildings, conservation areas, or unique local building types. Failing to seek planning permission can result in legal action, fines, or even the removal of the new development.
Contents
Planning Permission in the PAS2035 process
Many retrofit measures don’t require planning permission, but some local authorities have specific rules, especially for older buildings, conservation areas, or unique local building types. Failing to seek planning permission can result in legal action, fines, or even the removal of the new development.
To avoid this, consider planning permission early in your project. Identify any constraints and adjust your delivery plan to allow time for obtaining necessary permissions .You may need to adjust your retrofit proposals to comply with requirements. Planning permission should be considered after preliminary work, retrofit assessment, and pre-stage coordination, ensuring all constraints are identified and desired measures have been designed. Planning permission is the fourth stage of the PAS2035 process:
- Preliminary work
- Retrofit assessment
- Pre-stage coordination
- Planning permission
- Construction coordination
- Post-stage coordination
The key components of the planning permission process in relation to retrofit are:
- Pre-application consultation.
- Location and site plans.
- Submit applications.
- Review and respond.
- Appeal outcomes.
Do I need planning permission?
The first thing to determine, is whether your project needs planning permission. The major questions to ask are:
- Is the building you are working on listed, or in a conservation area? If so, you may need planning permission.
- Are you planning significant alterations, or will be a material change in use of the building? If so, it is likely that planning permission will be required.
- Is your planned work covered by permitted development rights? If not, planning permission will be required.
- Does your local planning authority have any exceptions or withdrawals?
Permitted Development Rights
For measures which fall under permitted development rights planning permission is not required. This includes retrofit measures such as new windows and doors, PV, roof panels, air source heat pumps, and loft insulation. Exceptions are for protected areas and properties, and in cases when the local authority has withdrawn permitted development rights.
If you are unsure whether your work is covered by permitted development rights, consultation with your local planning authority is always recommended.
Guidance on permitted development rights for householders
Pre-application consultation
An early conversation with the local planning team(s) can help you understand more about what is required and the process for securing permissions. It helps avoid any surprises later and having to re-submit an application, which costs time and money. Some local authorities have established special pre-application services that can help applicants make their buildings more energy efficient within the planning constraints in place.
Location and site plans
A site plan and location plan will be required for planning permission. The site plan shows the boundary of the property while the location shows the specific location of the proposed works. A location plan is typically to a larger scale, showing the area surrounding the works and highlighting the site boundary.
Submitting a planning application
The submission of a valid application for planning permission requires:
- A completed application form.
- Compliance with national information requirements.
- The correct application fee.
- Provision of local information requirements.
Once these required materials have been gathered, the planning application should be made to your local planning authority, this is usually at district council level.
Review and respond
Once the local planning authority (LPA) has received the application, they will go through the following steps, resulting in an assessment and response to the application.
- Validation: The LPA checks the application to ensure all necessary documents and fees are included.
- Registration: Application is registered and applicant receives a confirmation letter detailing next steps.
- Consultation: LPA undertakes a consultation period (usually 21 days) during which they consult with stakeholders and experts.
- Site notice and publicity: A site notice is posted and the application is made public. External parties can submit comments or objections
- Assessment: The case officer reviews all submitted comments and assess the application against local and national planning policies.
Appeal Outcomes
Planning applications may be:
- Granted in full: application is approved without any conditions and the project may proceed as planned. Development must start within three years of approval date.
- Granted with conditions: application is approved but with specific conditions that you must meet. These might relate to using certain materials, adhering to specific design elements, or completing additional surveys. These conditions must be complied with to maintain planning permission.
- Refused: application is denied, with reasons detailed in the decision notice. If the applicant wishes to continue with the project, the application may be revised to address the issues raised and resubmitted, or the decision can be appealed with the Planning Inspectorate.
What happens next?
Once you have been through the planning permission process, and have successfully obtained permissions if necessary, it is time to move onto construction coordination.
Useful links
You can download a free copy of PAS2035;2023 here.