Planning

 In the UK the Development Control process (i.e the hoops we have to jump through before we can actually build something) comprises two main systems:

• Planning (Town & Country Planning Act 1990)
• Building Control ( Building Act 1984 )

Additionally, there is also the Party Wall etc Act 1996 which deals with the impact of building works on neighbouring properties.

Do I Need Planning Permission?

Before starting any building project, it’s important to check whether you need Planning Permission from your Local Authority (your local council). Not all projects require a full Planning Application  as some fall under Permitted Development, which allows certain types of work to be carried out without formal Permission.

If you’re unsure, we can assess your property and advise you on the best route forward.

What Is Permitted Development?

Permitted Development (PD) allows homeowners to make certain changes such as small extensions, loft conversions, or outbuildings, without applying for Planning Permission, provided the design meets specific rules.

The Government provides general guidance on PD rights here:

Click here to go to UK Government Website

PD rules are detailed and can be confusing, especially if your property has been altered before. We can review your proposals and confirm whether they qualify.

Certificate of Lawful Development

Even if your project falls within Permitted Development, it is often wise to apply for a Certificate of Lawful Development. This is written confirmation from the council that your project is lawful without needing Planning Permission.

This certificate is especially useful when selling your home, as solicitors often request proof that any alterations were carried out legally.

Listed Buildings and Conservation Areas

If your property is Listed or located in a Conservation Area, your Permitted Development rights may be restricted or removed entirely. In these cases, you will usually need to apply for Planning Permission, and for Listed Buildings, Listed Building Consent as well.

We regularly prepare the necessary drawings, Heritage Statements, and supporting documents for these applications.

When Permitted Development Rights Have Been Removed

Some properties, particularly newer developments, have conditions attached to their original Planning Permission that remove PD rights. This means even small changes may require a full application.

If you are buying a property you intend to alter, it’s worth checking this early. We can review the planning history for you.

What happens in a Planning Application?

Most household projects require a Householder Planning Application. Once submitted, the council aims to make a decision within eight weeks.

After registration, there is a 21‑day consultation period where neighbours and official consultees (such as Highways or the Parish Council) can comment on the proposal.

It’s important to remember:

• Not all objections are valid in planning terms.
• Only issues such as loss of privacy, overlooking, or loss of daylight are considered.
• Concerns about construction noise or loss of a view are not grounds for refusal.

We always recommend discussing your plans with neighbours beforehand to maintain good relationships and reduce the likelihood of objections.

Pre‑Application Advice (“Pre‑App”)

Because planning fees have increased and free resubmissions have been removed, many homeowners now choose to seek Pre‑Application advice before submitting a full application.

A Pre‑App:

• Provides early feedback from the council
• Highlights any concerns before you commit to full fees
• Opens a dialogue with the planning officer
• Increases the chances of approval

Costs vary between councils, but we can advise on whether a Pre‑App is worthwhile for your project.

If Your Application Is Refused

If Planning Permission is refused and you believe the decision is unreasonable or incorrect, you have the right to appeal to the Planning Inspectorate. 

Even if the appeal is dismissed, the Inspector’s report can provide valuable guidance for future applications.

We can advise on whether an appeal is appropriate and prepare the necessary documentation.

The Party Wall Act – Protecting You and Your Neighbours

Good relationships with neighbours make life easier, especially when building work is involved. Talking to them early about your plans can prevent misunderstandings and help the project run smoothly.

In some cases, your building work may affect a shared wall or the boundary between properties. When this happens, both you and your neighbour need to be protected and that’s exactly what the Party Wall etc. Act 1996 is designed to do.

When Does the Party Wall Act Apply?

The Act applies to certain types of work, including:

• Building on or close to the boundary line
• Working on a shared (party) wall between two properties
• Excavating near a neighbour’s foundations
• Cutting into or altering a party wall

Many common projects — such as extensions, loft conversions, and basement works — can fall under the Act.

If you’re unsure whether your project is affected, we can advise you.

What Is a Party Wall Notice?

If your work is covered by the Act, you must serve a Party Wall Notice on your neighbour before construction begins. This notice:

• Explains the work you plan to carry out
• Sets out your neighbour’s rights
• Gives them the opportunity to consent or request a Party Wall Surveyor
• Serving notice is a legal requirement, even if your neighbour is supportive.

A helpful government guide can be found HERE.

What Are Your Neighbour’s Options?

After receiving a notice, your neighbour can:

• Consent to the works
• Dissent and appoint a Party Wall Surveyor
• Appoint a joint surveyor (one surveyor acting for both parties)

If surveyors are involved, they will prepare a Party Wall Award, which sets out how the work must be carried out to protect both properties.

Why Record the Condition of the Neighbouring Property?

Even when the work is unlikely to cause issues, it is often wise to agree a schedule of condition, usually a photographic record of your neighbour’s property before work begins.

This protects both parties by:

• Showing whether any cracks or defects were pre‑existing
• Avoiding disputes later
• Providing clear evidence if damage is claimed

It’s a simple step that can prevent unnecessary conflict.

How We Help

We can:

• Advise whether the Party Wall Act applies to your project
• Prepare drawings and information needed for notices
• Recommend experienced Party Wall Surveyors if required
• Coordinate with neighbours to keep the process smooth and friendly

Our aim is to help you comply with the law while maintaining good relationships with those living around you.