A change of use within the same use class can often be done under permitted development meaning planning permission is not required, providing you meet all the necessary planning criteria and there are no hidden constraints that limit or remove your permitted development rights. Some building work associated with these changes of use can also be covered by permitted development rights.
In most cases if you want to change from one use class to another you will need planning permission, although there are some use classes that can be changed under permitted development. Most external building work associated with a change of use is likely to require planning permission.
Even if your proposed change of use could be considered permitted development it may require Prior Approval, which is a type of planning application for certain permitted developments. If this is required, it must be submitted to your planning authority before any work or changes take place.
For a change of use that is likely to be considered permitted development and does not require prior approval, a lawful development certificate is recommended. This is the only way to get a legal determination that your change of use is permitted development.
Ultimately, it is the planning officer assessing your application who will make the legal determination and either approve or reject your application. If your application for a lawful development certificate is rejected then an application for full planning permission would be required.
The planning laws for change of use are very complex. If you do not obtain a legal determination in the form of either planning permission, prior approval or a lawful development certificate, there would be a very real risk of retrospective planning issues and enforcement action. If an enforcement notice is issued you would be given 28 days to secure the necessary planning approval or change it back to its original use including and external changes or building construction.
Building regulations approval may also be required once planning permission is approved, depending on the extent of the works.
With any development there are always potential planning constraints which are often hidden that can make the simplest of projects into a very complex planning application.
For every type of development there are certain design criteria that must be met in addition to meeting all of the necessary planning policies, which vary between every local planning authority. For example, an outbuilding is something that could potentially be done under permitted development, however if it doesn’t meet even one of the design or planning criteria then full planning permission would be required.
In addition to this, there are many hidden constraints such as article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights meaning everything needs full planning approval. This can literally mean there could be two houses in the same town doing the exact same development and one could be built under permitted development while the other needs full planning permission.
In addition, specialist reports may also need to be submitted with all the usual supporting evidence and drawings. Examples of these include heritage statements, flood risk assessments, transport surveys, wildlife reports and many others.
If the building is listed in addition to securing planning approval you will also require listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence.
If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission.
To find out what would be required for your change of use you have a couple of options. You could submit a formal pre-application to your planning authority with the designs and project brief which your planning authority will respond to indicating what “might be required”. Ultimately the final design and application will determine their decision so the pre-app still does not give you a definitive answer. The process takes 8 weeks and can cost hundreds of pounds excluding any architectural designs.
Alternatively, Studio Charrette who are a partner of the government’s planning portal can conduct a planning appraisal. This involves a chartered planning consultant researching the project to check the relevant planning and design policies, they also check the planning history and look for any hidden constraints. This takes about an hour at which point they can call to advise what would be required and answer any questions. Subsequently we forward the advice in writing.
There are never any guarantees with planning permission or permitted development, because ultimately only your planning authority can make the legal determination. However, with a planning appraisal we can let you know whether your proposed development would be feasible, assuming it is what the best route forward would be and the likelihood of success. As part of the planning appraisal, we can also advise you on building regulations, structural engineering calculations and construction if required.
Assuming the planning appraisal is positive we can then provide a quote for any services you want help with including architectural design, planning permission, building regulations and construction. Should you decide to instruct Studio Charrette can take care of everything for you from start to finish.
If you have any questions or would like to arrange a planning appraisal for your project, contact us today and a member of our team will contact you shortly.
Regardless whether you need planning permission, prior approval or a lawful development certificate the process and time frames are very similar. Every type of application requires a variety of supporting evidence to justify why it should be approved, architectural drawings, maps, block plans and of course the correct application to be completed.
Once an application is submitted the planning authority first needs to validate it. They then have up to 8 weeks to process the application and reach a decision. It is however common for planning authorities to request additional information or minor design alterations which can delay the process further.
For this reason, it is recommended that you allow as much time as possible to receive the decision, at least 3 months and up to 12 months ahead is ideal. Once planning is approved you generally have 3 years to start work and 5 years to complete the work.
In theory anyone can submit an application although other than industry professionals those who try are often rejected unnecessarily due to missing information or mistakes. Even architects are generally only qualified in design but not planning so while they can draw anything this does not mean that it meets all of the necessary planning criteria. In fact, lots of clients come to us having been rejected with an architect because the application did not meet the necessary planning criteria.
At Studio Charrette, we have a team of inhouse architects and planners who work together on every application. This ensures the design meets both our client’s expectation and also the expectations of the planning authority to give every application the best chance of success.
We fully appreciate any unexpected cost is going to be unwelcome, but you will be pleased to know our prices are so competitive, we offer a price match guarantee and in most cases the planning costs are insignificant compared to the development.
If there is a way to help you achieve a positive outcome our chartered planning consultants will give you the best chance of success. Equally if we think it simply isn’t feasible, while it may be bad news, we are obliged to give you frank and honest professional advice.
If you choose to instruct Studio Charrette, we will take care of everything for you from this point including preparing all the necessary supporting evidence, architectural drawings, submitting and managing your application throughout the entire process.
We will keep you updated from start to finish until we receive a decision, which thanks to our planning appraisals is usually positive.
Don’t leave it until it’s too late!
If you are in any doubt about how to deal with your Planning Permission, Building Regulations or the likelihood of Success,
contact us right away to speak with one of our Expert Chartered Planning Consultants.
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