Planning Explained: Navigating the Complexities of the UK Planning System

As an architect with over 20 years of experience in a small contemporary design-led architecture studio, I have witnessed firsthand the challenges and uncertainties that come with seeking planning permission. The planning system is a complex web of variables, and predicting the outcome of a planning application is nearly impossible. However, armed with practical experience and a precise planning system, we have developed a unique approach to tackle this challenge.

Aerial axonometric view of four new houses in Kenton, North West London
Aerial axonometric view of four new houses in Kenton, North West London

Our Approach: A Six-Step Model for Success

Drawing from our expertise gained through working on over 200 projects in London and across the UK, we have devised a rigorous six-step model for navigating the planning system. This model incorporates safeguards to help you avoid the common pitfalls and failures often encountered in typical planning applications. With a focus on crafting creative planning application strategies for residential developments with sensitive planning conditions and restrictions, we specialise in securing planning permissions for exceptional and unprecedented projects.

Step 1: Pre-Application – Structuring Success

When embarking on a contentious project, seeking pre-application advice from the council can be instrumental in expediting the decision-making process and increasing your chances of success. Our team works collaboratively with your planning officers, justifying your proposal in a structured manner and negotiating a positive outcome. This early engagement also provides an opportunity to make amendments and improvements to your proposal, ensuring that your officers are more supportive of your vision than they would have otherwise been.

Aerial view of four new houses in Kenton, North West London

Step 2: Outline Planning Application – Establishing the Principle

For larger projects or those where establishing the principle of your vision is crucial, the outline planning option is often the way to go. As the name suggests, this application requires fewer details than a full planning application, allowing us to design your project swiftly and complete the application in less time. Outline planning applications are particularly suitable if you plan to sell the land or raise funds for the subsequent construction stage. Together, we determine which aspects of your scheme need to be decided at the outline stage, although it’s worth noting that an outline application may not be appropriate for projects where the appearance of the buildings is of utmost importance, such as Green Belt developments or those in conservation areas.

Aerial view of Red Brick House in Willesden, North West London - Pre Application
Aerial view of Red Brick House in Willesden, North West London

Step 3: Reserved Matters Applications – Filling in the Details

If you receive permission for an outline planning application, you must follow it up with one or more reserved matters applications within three years of the council’s decision. These applications provide the opportunity to delve into the finer details that were not included in the outline application and must be settled before construction can commence. It is crucial to treat reserved matters applications with the same level of seriousness as any other planning application. Simply because you have outline permission does not guarantee automatic approval of reserved matters. Our team ensures that the details of your scheme are of the highest standard, minimising avoidable delays in securing consent.

Investigating different massing and site layout options during the Pre Application process

Investigating different massing and site layout options during the Pre Application process. 

Step 4: Full Planning Application – Complying with Policies

For many projects, obtaining full planning permission is necessary. This process involves demonstrating to the council that your proposal aligns with national and local policies, taking into account various factors such as transportation, flood risks, air quality, and wildlife preservation. Our role is to guide you through the hurdles of this process, liaising with specialist consultants, if necessary, to provide expert advice. Concurrently, we collaborate with you to design a solution that meets your aspirations while satisfying the council’s requirements. After submitting the application, we work closely with planning officers to address any concerns they may have, ensuring they are confident in granting consent.

CGI of the rear elevation for planning of Ice-Cream House, Hampstead, North London
CGI of the rear elevation for planning of Ice-Cream House, Hampstead, North London

Step 5: Approval of Details Application – Finalising Key Details

When the council grants planning permission, they may include conditions that require certain key details to be finalised and approved by the planning department before construction can commence. These conditions often involve external materials to be used in the building or specific arrangements for cycle or waste storage. At our architecture studio, we take great care in every application we submit, ensuring a smooth process for the approval of these details. By meticulously addressing these requirements, we minimise unnecessary delays at this crucial stage of the project.

Step 6: Planning Appeal – Overturning Refusals

Regrettably, not every planning application receives approval from the local authority. In some cases, when the council’s decision clashes with their own policies or precedents, or when it deviates from national policy, pursuing a planning appeal may be worthwhile. Drawing upon our successful track record with planning appeals, we assess the potential for overturning the council’s refusal by the Planning Inspectorate. If we believe there is a good chance of success, we construct a thorough and clearly argued case, ensuring that your project ultimately attains the planning permission it deserves.

Aerial view for planning application of Red House, Kensal Rise, North West London
Aerial view for planning application of Red House, Kensal Rise, North West London

Conclusion

Planning permission is a complex and multifaceted process, and guaranteeing success is impossible. However, armed with a proven planning system and years of experience in the field, our small contemporary design-led architecture studio in London is committed to crafting low-energy and low embodied carbon designs while navigating the intricacies of the planning system.

Our unique six-step model provides a structured approach to planning applications, incorporating safeguards to maximise your chances of success. From pre-application advice to negotiating with planning officers, from outline planning to reserved matters applications, and from full planning permission to the approval of details, our team supports you every step of the way. In cases where refusal occurs, our expertise in planning appeals ensures that we advocate vigorously for your project, striving to secure the planning permission it truly deserves.

With an unwavering commitment to sustainable design, collaborative negotiation, and meticulous attention to detail, we have built a reputation for securing planning permissions for exceptional and unprecedented projects. Whether you are embarking on a residential development with sensitive planning conditions or seeking to minimise embodied carbon in your design, our architecture studio is well-equipped to guide you through the planning maze and realise your vision.

If you would like to talk through your project with the team, please do get in touch at mail@risedesignstudio.co.uk or give us a call on 020 3290 1003

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New build in the countryside – dream or possibility?

 

As the world tries to move on from the Covid pandemic, there is anecdotal evidence that we are increasingly seeking life outside the city. Building a new home in the countryside and becoming a rural dweller may seem like a impossible dream but it is becoming an increasing reality for some. One reason is that the National Planning Policy Framework (NPPF) allows new, isolated homes to built in rural areas, if they are of exceptionally high quality of design. We explain the rules below.

RISE Design Studio - new build in the countryside

The right house in the right place

Current NPPF policy recognises that new housing can be very homogenous – the ‘cookie cutter’ developments that have been all too common across the country. This has led to a push to improve the design quality of new housing, particularly in terms of environment considerations.

In the new NPPF, paragraph 79 encourages local authorities not to approve new developments on unbuilt land in the countryside. However, there are some important exceptions to this rule. These include where a house is designed to exceptionally high quality, helping to “raise standards of design more generally in rural areas”. In addition, a house would have to “significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area”.

No single route to success

The requirement for “truly outstanding or innovative” design means that there is no ‘right’ type of house that would receive planning permission. Instead, there is the need to focus on the individuality of a project and be aware that it is likely to be a long and intensive process.

It is clear that the sustainable design elements of the new build are key. Using natural, local materials can help the property to ‘take root’ in its local context. Equally important is how the property would positively impact the site, complementing and enhancing the existing landscape. Planning committees are more likely to approve houses which ‘belong’ in a landscape and use sustainable building technologies that are unique to the site.

Chances of success?

It is worth noting that the number of applications and the corresponding success rates are both quite low – a study found only 66 approvals between 2012 and 2018 (this was a 58% success rate, compared to an 88% success rate across all residential applications). Each case tends to have it own unique circumstances and the rules may be applied differently in different local authority areas. Engaging the local authority and any local communities or stakeholders early on in the project is very important. This will help to ensure that those making the final decisions about the build are confident in the quality, suitability and acceptability of the design and location.

We considered a lot of these aspects in the design of our Clogher Forest Village project.

Permitted Development Rights II: House extensions

 

An extension or addition to your home is something that you can do under ‘Permitted Development Rights’ (PDR), meaning that you do not need to apply for planning permission to undertake the work (see the general introduction to PDR in our last post). There are, however, certain limits and conditions that you need to be aware of and we cover some of those in this post.

Permitted Development Rights II

For all types of extension, no more than 50% of the area of land around the ‘original house’ can be covered by the addition (bear in mind that ‘original house’ means the house as it was first built, or as it stood on 1 July 1948, if it was built before then). You will need to check whether a previous owner added an extension as this is included in the calculation, as are sheds and any other outbuildings.

Single-storey extensions

For single-storey extensions, if the project is completed by 30 May 2019, the rear wall of a detached home can be extended by up eight metres. If you live in a semi-detached or terraced house, this is reduced to six metres. These upper limits have been temporarily increased and if you extend more than four metres beyond the rear wall (detached) or three metres (semi-detached/terraced), you will need to go through the Neighbour Consultation Scheme to notify the local planning authority of your intention to use PDR in this case.

Under PDR, the extension must not be to the front or side of the building (if it is, it requires planning permission). The materials used in the extension should be similar in appearance to those on the exterior of the rest of the house, and the extension must not exceed four metres in height.

Double-storey extensions

For higher extensions of more than one storey, the addition can be no higher than the existing house and it may not extend more than three metres beyond the rear wall. You will also need seven metres between any boundary opposite the rear wall of the house. As with single-storey extensions under PDR, the materials you use must be similar to the existing house, and there are some additional rules about upper floor/roof windows.

Other points to bear in mind

The permitted development allowances that we have described in this post apply to houses in England only. If you are seeking to alter or extend a flat/maisonette, a converted house (or a house created through the PDR to change use), other buildings, or your house is in an area where there may be a planning condition (e.g. protected/designated area), you will need to check separate guidance and rules with your local authority. Some local authorities are able to confirm in writing (for a small fee) whether or not a planning application is necessary. Most extensions still require approval under Building Regulations.

You can read more detailed guidance on the Department for Communities and Local Government Planning Portal, or contact us for advice about a project you are considering.