Planning Applications – Why It Is More Important Than Ever To Get It Right First Time

From the smallest house extension to large strategic site developments, all development projects
contribute to economic growth by supporting jobs through construction and supply chain businesses.

At a time of economic uncertainty, to see active building projects taking shape is a mark of confidence
and provides a clear indication of investment in the local economy. Doing it right and doing it well benefits all those involved in the process. It provides more certainty, reduces risk and paves the way for swifter, positive outcomes.

The economic benefits of development are not always highlighted and the planning stories that capture the headlines are more likely to be about the perceived negative impacts. In part, this is because getting to the stage where contractors can make a start on site is not always straightforward and planning and development is something that influences all our lives.

The planning process can be time consuming and fraught with complexity, particularly when a development proposal is complicated, controversial or balanced in its benefits and impacts. This has knock-on effects for the whole project, particularly with construction sector labour shortages, supply chain price fluctuations and rising borrowing costs. There are three key stages to the
planning process which include:

• Pre-Application Advice
• Consideration and Determination
• Post Determination

Taking a look at these key stages in turn reveals the benefits of getting it right from the outset and putting effort into the pre-application enquiry stage.

Pre-Application Advice

Many (but not all) local planning authorities offer a discretionary planning advice service. This service
could include advice about whether a development requires planning permission or not, but more often, it is about whether the proposed development is likely to gain officer support should a planning application be submitted.

This is a paid-for process where the council will provide advice on the principle of a development project prior to submission of a planning application. The most effective pre-application advice will provide an indication of the planning officers’ support for a project and clarity over the information requirements necessary to accompany a planning application.

This is very helpful for applicants to help assess the likely costs of putting a planning application together with the chance of a successful outcome. While a planning officer cannot guarantee that planning permission will be forthcoming, a planning application that has received a positive response at the pre-application stage should receive a positive officer recommendation at the determination stage.

Conversely, a planning application that has not been subject to a pre-application consultation is more likely to be refused and, in the case of a local authority with resource pressures, refused quickly.

Consideration And Determination

This covers the time from when a planning application is submitted through to decision by the local planning authority. It is the only part of the planning process for which national performance measures exist, with most planning applications having a target of 8 weeks for determination. However, larger and more complex ‘major’ schemes have a 13-week deadline while Environmental Impact Assessment applications have a 16-week target.

Applications can take longer to determine than these target figures and while sometimes this can be due to resource pressures with the local authority, it can also be due to the quality of the planning application submission and whether it is supported with all the relevant information. Applications that have been through a process of pre-application advice are more likely to have a smoother path through the consideration and determination stage.

Post Determination

Once an application is determined, then where planning permission is granted, the decision notice will usually be subject to conditions. These conditions may require the submission of further information at key stages of development, such as the approval of construction details, materials and finishes.

A way of reducing the number of planning conditions that may be required by the council for further
consideration is to supply this information with the application wherever practical to do so. This is also
where an effective pre-application enquiry pays dividends in reducing the time (and overall cost) of the
planning process.

Where an application is refused, there is the option to either resubmit a fresh planning application with amendments that address the reason(s) for refusal, or to appeal the council’s decision to the Secretary of State via the Planning Inspectorate.

The planning press is currently reporting an increase in the time it now takes for the Planning Inspectorate to determine planning appeals.

According to the latest statistical release for the month of September, the median time it took that month to decide a case was 28.9 weeks for both planning and enforcement appeals. This is against a benchmark target of 26 weeks maximum.

The Planning Inspectorate has confirmed that September was “the longest observed in the last 12 months and is driven by longer decision times for the cases answered by written representation”.

So, the key points are that planning can be an uncertain, timely and costly process. Effective engagement with the Local Planning Authority at a pre-application stage can help significantly in:

• Identifying the risks arising from a project and helping focus resources to where they are required.
• Providing clarity about the information necessary to support a good quality application.
• Providing the best opportunity for a timely decision and positive outcome.

We can provide an end-to-end service with all disciplines under one roof, including planning, architecture, surveying heritage and engineering consultancy. There is no cost for your first consultation and we look forward to hearing from you.

If you would like to talk to us about your project with a view to giving it the best chance of success. then please contact:

Ian Kilby (Hereford/Shrewsbury) on 01432 809841 or email ian.kilby@berrys.uk.com

Kirsten Sloth-Nielsen (Oxford/London) on 01865 953198 or email kirsten.sloth-nielsen@berrys.uk.com

Sean Bennett (Kettering/Towcester) on 01536 532388 or email sean.bennett@berrys.uk.com