Harper James is a UK commercial law firm advising businesses on the laws of England and Wales, including commercial property and construction matters linked to land development. Planning permission is the formal approval required for development that changes land or buildings, although some works fall within permitted development rights.
Development generally includes building works, engineering operations, material changes of use and, in some cases, subdivision of land. The relevant local planning authority assesses whether a proposal complies with the local development plan and national planning policy. It also considers matters such as highways, design, flood risk, ecology, heritage, contamination, neighbouring properties and the effect on local services.
Permitted development rights allow certain categories of work without a full planning application. They are subject to detailed conditions and limitations, and a planning authority can remove or restrict those rights through a planning condition or Article 4 direction. A lawful development certificate provides formal evidence that an existing or proposed use or operation is lawful, but it is not the same as planning permission.
A developer normally begins by reviewing the local plan, planning history, title documents and site constraints. Pre-application discussions with the local planning authority provide early feedback on the principle, scale and design of the proposal. The application then usually includes plans, a design and access statement where required, supporting technical reports and the correct fee.
The authority publicises the application and consults relevant bodies. A planning officer assesses the proposal and prepares a recommendation for delegated decision or consideration by a planning committee. Permission can be granted subject to conditions, including requirements relating to materials, access, landscaping, drainage, construction management or the timing of development. Some conditions require separate approval before work starts.
Planning permission does not establish ownership of the land or confirm that the developer has rights of access, drainage or utilities. A legal review should cover title restrictions, easements, restrictive covenants, overage provisions, options, conditional contracts and obligations affecting the site. Development agreements also need to allocate responsibility for planning applications, infrastructure works, planning conditions and costs.
Large or complex schemes often involve a section 106 agreement, which secures planning obligations such as affordable housing, highway works or financial contributions. The Community Infrastructure Levy may also apply, depending on the authority and the development. Planning permission is separate from building regulations approval, environmental permits and other consents, all of which need to be assessed before construction begins.
A refusal notice should state the reasons for refusal and identify the policies relied upon. The applicant can revise the proposal, submit a new application or appeal to the Planning Inspectorate. An appeal is assessed against the planning merits and the reasons for refusal, with written representations, a hearing or a public inquiry used according to the case.
Before exchanging contracts or committing significant funds, a developer should confirm the status of all necessary consents, the duration of the permission, pre-commencement conditions and any financial obligations. A planning solicitor can coordinate the property documents, development agreement and planning obligations so that the legal structure reflects the proposed scheme.