A planning application will have to be made by anyone wanting to undertake significant changes to their property. Such changes can include changing the overall use, or expanding the property, for example, by building an extension to the property. The planning application procedure is often straight-forward, however, complications can ensue when applications are rejected.
Some individuals decide to forego the planning application procedure entirely, and begin undertaking works to their property without the required permission. However, this can have significant implications for the individual and they often find themselves being the recipient of an enforcement notice. An enforcement notice is a legal document which is issued by the local planning authority who are a part of the Council and are sometimes referred to as the ‘LPA’. The enforcement notice will order the individual to undo any alterations which have been undertaken on the property without the required consent.
It is the decision of the LPA as to whether planning permission is granted or not. In the first instance, the decision to grant planning permission will be made solely on the development plan of the property.
Planning applications can be denied on several grounds, however, this is not the ultimate end for the individual as such decisions can be appealed against. There are several grounds upon which an appeal can be made if the LPA;
• refuses your application
• grants permission but with conditions you object to
• refuses to change or remove a condition of planning permission that has been granted with conditions
• refuses to approve something reserved under an ‘outline permission’ – planning permission for a general idea, not of a specific plan
• refuses to approve something that you were told to build by your LPA as part of a previous planning permission, ie the previous planning permission was granted ‘with conditions’ and the current development was one of the conditions
• does not make a decision on the application within the deadline and doesn’t get your written consent to change the deadline
• serves you with an enforcement notice and it thinks you have broken planning permission and you don’t agree.
If an individual chooses to appeal a decision, then they will have to do so within 6 months of the date on the decision notice received from the LPA. The individual will have to submit key documents for the appeal to be considered. The appeal process can be time consuming and somewhat overwhelming, our team of planning lawyers are happy to offer their expertise on this area and will guide you through the entire process.
Summerfield Browne Solicitors have offices in London, Birmingham, Northampton, Cambridge, Oxford and Market Harborough, Leicester.
