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So you are going to make changes or extend your business property.
Perhaps you're going to change the way the building is used or even
build a totally new one. Bet you haven't thought about planning
permission yet?
Planning is a
complex system that has numerous exceptions and booby-traps for the
unwary. You're going to need professional advice. Chartered surveyors
understand planning law and the effect that any development will have on
the future use and value of your property. They can act as your personal
agent in all planning and business property matters.
This guide
provides an outline of the rules in England. Different regulations cover
Wales, Scotland and Northern Ireland. If you own a listed building, or
your premises are in a conservation area, different and stricter rules
apply.
When do I need planning
permission?
All forms of 'development' need some form or permission. The Town & Country
Planning Act defines development as being:
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
building or other land.'
You must get permission for:
-
Major extensions or large additional buildings within the property's
boundary
-
Entirely new buildings - discuss your proposal informally with the
local planning authority before submitting an application. They will be
able to advise you whether or not planning permission is likely to be
granted and how any difficulties with your proposal can be overcome.
There are exceptions to the general rule. You don't need permission for,
for example:
-
Internal alterations (though changes to listed buildings may need
listed building consent)
-
Small external alterations, such as walls and fences below a certain
height
-
Some minor extensions or additional buildings. (But the rules are
complex - take professional advice)
-
Certain changes of use.
You or your chartered surveyor can check whether you'll need permission
informally with the local planning authority. Alternatively, for a fee you
can get a formal decision from the authority known as a 'lawful development
certificate'.
Do I need permission to change the building's use?
Yes. Your local planning authority can advise you on whether or not you'll
get permission when you buy or lease the premises. For something more
formal, you can go through the lawful development certificate procedure.
You don't need permission if the new use is in the same class as the
existing use. And sometimes it's also possible to change the use between
classes without needing permission.
Do I need permission to run my business from home?
Not if you're using just one room of your home as:
But there are conditions. For example, the character of the house must
remain as a private home and you must not disturb your neighbours. Check
with the local planning authority to be on the safe side.
How does planning permission work?
There are two categories of planning permission: 'outline planning
permission' and 'full planning permission'.
If you need full planning permission you must send in all the details of
the proposal, including detailed drawings, with the application. Although
detailed plans may not be necessary in change of use cases.
When should I apply for outline permission?
Only for new buildings and where you want to find out if the proposal is
acceptable, without providing detailed drawings of the scheme. When outline
permission is granted, you need to get full approval before work can start.
Can I apply for planning permission?
You apply, with the appropriate forms and a fee, to your local planning
authority. The fees are the same across England, but the amount depends on
what you want to do.
Anyone can make an application, regardless of who owns the land or
buildings. However, if you are not the owner of the entire site, you must
formally notify the legal owner and anyone else who has a legitimate
interest. Where applications are complex ask your chartered surveyor to
submit the application for you.
How long does it take to get a decision?
It should be eight weeks from the registration date, but in reality it
usually takes longer. You are allowed to attend the planning committee
meeting and certain local authorities also let you or your agents to speak
to the committee. If your scheme needs Environmental Impact Assessment, the
statutory limit is 16 weeks.
Conditions attached to planning permission
Once permission is granted your development must begin within five years of
the date of permission.
But sometimes permission is granted subject to certain conditions, such
as:
-
Restricting the use of the premises
-
Restricting the hours of operation of a business
-
Needing specific approval for the materials to be used before the
development can go ahead.
If you're not happy with the conditions, you or your agent can discuss
the matter with the local authority to see if an alternative can be
negotiated. You may have to submit another application. Or you can appeal.
Can I appeal if planning permission is refused?
Yes, but the decision document will clearly itemise the reasons why you've
been refused. So talk to the planning officer to see whether, if you were to
change your plans to overcome the objections, it would be worth making a
further application.
If you don't want to change the proposal or if it is clear that the local
authority objects in principle to the scheme, then you can appeal (see
below).
How does the appeals procedure work?
You may appeal to the Secretary of State for the Environment or the
Secretary of State for Wales against the local authority's decision.
You must make your appeal, within six months of the local authorities
decision, to the Planning Inspectorate. If no decision is issued, make the
appeal within six months of the end of the period when the decision should
have been made. You can get appeal forms from the inspectorate's offices in
Bristol.
Appeals can be made in one of three ways. It depends how complex the case
is. Speak to your chartered surveyor to find out which is right for your
particular case. They can even make the appeal on your behalf.
Building without permission
If you carry out construction work or change the use of the premises without
getting the planning permission, the local planning authority may simply ask
you to apply retrospectively for permission.
Local planning authorities look at each application on its merits, so
don't assume you'll be granted permission just because the building is
finished. It may issue an 'enforcement notice', setting out what you must do
solve the problem - which in extreme cases could involve demolishing the
building that you have built. You can, however, appeal to the Secretary of
State against an enforcement notice.
If you don't comply with a condition of a planning permission, the local
authority may issue a 'breach of condition notice'. You have no right of
appeal against such a notice.
Further advice
You'll get clear, impartial, expert advice on these issues from an RICS
member. They are highly qualified professionals with the letters MRICS or
FRICS after their name, and are bound by strict codes of conduct. These are
your guarantee of their skills, integrity and depth of experience. Whatever
type of business property you have, chartered surveyors will provide you
with the right advice.
Chartered surveyors
are members of RICS (The Royal Institution of Chartered Surveyors), one of
the most respected, independent organisations for professionals in property,
land, construction and related environmental issues worldwide.
For more on how RICS members can help you, and to 'find a surveyor' near
you, contact RICS
T +44 (0)870 333 1600
contactrics@rics.org.
Lines are open Mon-Fri 0830 - 1730 .
Or visit
Find a
surveyor
Local Authorities
in the Marshalls area.
Click here
for a quote and to instruct your survey online
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