What is Planning Permission?

A Guide to Understanding Planning Permission

Hello,

I’m pleased you’ve taken this crucial first step. Before a single design is sketched or a brick is purchased, understanding the concept of Planning Permission is the most important foundation you can lay for your project. Many people see it as a bureaucratic hurdle, a frustrating delay. I want to show you that, while it is a formal process, its purpose is fundamentally protective—of your investment, your neighbours, and the character of the community you live in.

This guide will walk you through what Planning Permission is in plain English, why it exists, and why getting it right is non-negotiable for the success and legality of your project.

What is Planning Permission in Plain English?

In the simplest terms, Planning Permission is the formal consent you must obtain from your local council before you can legally begin certain types of construction, demolition, or change the use of a building or land.

The council department responsible for this is known as the Local Planning Authority (LPA). Think of the LPA as the guardians of your local area's environment. They don't just grant or refuse permission based on personal opinion; they make a legal judgment based on a framework of national and local policies.

The entire system is based on one key legal concept: 'development'. Under UK law, specifically the Town and Country Planning Act 1990, you need planning permission to carry out any 'development'. This is defined as:

• "The carrying out of building, engineering, mining or other operations in, on, over or under land," or

• "The making of any material change in the use of any buildings or other land."

This definition is deliberately broad. It covers everything from building a new house or a rear extension to converting a single home into multiple flats, changing a shop into a restaurant, or even putting up a large, new wall.

An analogy might help: Imagine your street is a shared space. While you own your property, what you do on it can affect everyone else. It can change the look of the street, cast a shadow over a neighbour's garden, or add more cars to the road. Planning Permission is the formal process of asking for the community's agreement—represented by the LPA—that your proposed change is acceptable and considerate of the wider environment.

The Official Purpose: Why Does the System Exist?

The planning system was introduced in 1947 to manage the country's reconstruction after the war. Its core purpose remains the same today: to ensure that development happens in a structured, sustainable way that serves the public good. It’s not there to stop you from improving your home; it’s there to stop a 'free-for-all' where anyone could build anything, anywhere, without consequence.

Here are the key reasons why this system is so vital:

1. Protecting 'Amenity': This is a core planning principle. It refers to the quality of life and the pleasantness of a place. The LPA assesses if your project will harm your neighbours' amenity by, for example, blocking their daylight, creating an unacceptable loss of privacy, or generating excessive noise and disturbance.

   
   

2. Maintaining Local Character and Design Quality: Your project doesn't exist in a vacuum. The LPA will consider its design, scale, and materials to ensure it is in keeping with the character of the area. A modernist glass box might be celebrated in one part of London but would be entirely inappropriate in a historic Cotswold village. This is guided by the council's own Local Plan, a document that sets out the vision for development in your specific borough.

   
   

3. Ensuring Safety and Access: The planning system checks that your development is sensible. For example, it prevents homes from being built on land with a high risk of flooding without proper mitigation. It also ensures that new buildings have safe access from the public highway for both vehicles and pedestrians.

4. Managing Infrastructure: Every new development puts a small strain on local infrastructure. A new house means another family potentially using local schools, GP surgeries, roads, and sewers. The LPA, through the planning process, ensures that the cumulative impact of development doesn't overwhelm these essential services.

5. Protecting our Heritage and Environment: The UK has a rich heritage. The planning system is the primary tool for protecting Listed Buildings (structures of special architectural or historic interest) and Conservation Areas (areas of special character worth preserving). It also protects the natural environment, such as the Green Belt, Areas of Outstanding Natural Beauty, and important wildlife habitats.

   
   

Why This Matters For Your Project

Understanding the 'why' is important because it informs your approach. If you submit an application that ignores these principles, it will almost certainly be refused, costing you time and money.

The most critical point for you as the homeowner is this: the legal responsibility for obtaining Planning Permission rests entirely with you, the property owner. A builder’s well-intentioned but incorrect advice that "you won't need permission for that" is not a legal defence.

If you carry out work without the required permission, you have committed a planning breach. The LPA has the power to take legal action. This usually begins with them issuing an enforcement notice, which can require you to alter the work to make it acceptable or, in the worst-case scenario, demolish the entire structure at your own expense. Ignoring an enforcement notice is a criminal offence.

Common Pitfalls and How to Avoid Them

1. Confusing Planning Permission with Building Regulations: This is the single most common misunderstanding. They are two separate legal requirements and you will often need both.

   • Planning Permission is about whether your project is an appropriate development for its location, considering its size, appearance, and impact on the surroundings and neighbours.

     
     

   • Building Regulations are about whether the structure itself is built correctly, safely, and to a certain standard of thermal efficiency and hygiene. They cover things like structural integrity, fire safety, ventilation, and drainage.

     
     

   • Analogy: Planning Permission is like getting approval for the idea and location of your party. Building Regulations are the rules that ensure the marquee you erect for it is fire-safe and won't collapse on your guests.

2. Assuming Your Project is 'Permitted Development': Not all development requires a full planning application. The government grants a national permission for certain common, small-scale home improvements, known as Permitted Development Rights. This allows for things like small rear extensions or loft conversions without needing to apply to the LPA. However, these rights are subject to strict conditions and limitations regarding size, height, and location. Furthermore, these rights can be removed in certain areas (like Conservation Areas) or for certain types of properties (like flats and maisonettes). Never assume you have Permitted Development Rights without checking first.

   
   

3. Failing to Check the Local Plan: Every LPA has a Local Plan and supplementary guidance that sets out detailed local policies. Ignoring these is a fast track to refusal. Your architect's job is to know these documents inside out and design a scheme that complies with them.

   
   

Conclusion & Key Takeaways

I hope this explanation has clarified that the planning system, far from being a simple obstacle, is a complex and essential framework designed to create better, safer, and more pleasant places to live.

Here are your key takeaways:

• Planning Permission is the legal consent from your Local Planning Authority (LPA) to carry out 'development'.

  
  

• Its purpose is to manage development for the common good, protecting neighbours, local character, and the environment.

  
  

• The homeowner is solely responsible for ensuring permission is in place before work begins. Failure to do so can lead to an enforcement notice and an order to demolish the work.

  
  

• Do not confuse Planning Permission with Building Regulations. They are separate, and you will likely need approval for both.

• Never assume your project is 'Permitted Development'. Always check the specific rules and limitations that apply to your property and your area.

Your journey starts here. The next logical step is to determine whether your specific project requires a formal planning application or if it might fall under Permitted Development. This is a determination that must be made with absolute certainty.