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What is planning consent and when do I need it?

Posted by Gavin Brazg - TheAdvisory.co.uk in Advice and Info, Hints and Tips, Legal on June 16th, 2011

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The prospect of a new conservatory may be exciting but, with or without professional assistance, you can’t just go ahead and build it.

So, before you build on your land and employ a London decorator to put the finishing touches to your new extension you may need to secure planning permission first.

As its name suggests, it provides official consent for projects of this nature. But what exactly does it entail and why do we need it?

Of course, before you make any changes you will need proof of ownership so registering your land will certainly work in your favour and make the whole process much easier.

There are cases in which planning permission will not be required, and more often than not, smaller-scale projects in privately owned homes will already be what are known as ‘permitted developments’ – so unless you are doing the work yourself you can go ahead and research London builders, or whoever is the most appropriate to convert your dreams to reality.

Whether you need planning permission or not depends largely on how it will affect the surrounding area outside of the boundaries of your ownership. For example, if you wish to find a London handyman to build a wall along your property line and you happen to live next to a main road, you will need planning permission if you wish to build it over two metres high.

This may sound slightly pedantic but if the wall were to sustain damage, it could easily cause an obstruction in the road and prove to be a danger to the public. External structures, such as conservatories and extensions, can potentially be made without permission as long as certain parameters are adhered to. Factors include size, position and distance from property boundaries.

But assuming you do need permission, you will need to apply to your local planning authority. You will be expected to outline the kind of development you wish to undertake and include details on materials, the scale of your project and the proposed location. Even if a project would not typically require permission, you may be in a situation where such rights have been withdrawn by the council, so you will need to check which rules apply to you.

Another factor that may need to be taken into consideration once you have the initial planning permission is building regulations approval.  After all, there are various issues that need to be addressed regarding construction. Materials are important, for example if you wish to build an extension on your house as they should ideally be similar to those used in the construction of your existing house. It is also important that the design and construction process is carried out safely, as well as efficiently.

Any project that is likely to waste energy may not be approved as it would not be cost effective and could damage the environment. Building regulation is not always necessary but it is important to check, either by consulting local building authorities or by having a professional inspector check the land in question for you.

Planning permission may sound like a pain but it is a necessary procedure for anyone wishing to develop their land. With factors like health and safety affecting you, as well as others in the vicinity of your property, it is vital, and indeed a legal requirement, that you do not embark on any construction project without prior approval. So if you want that conservatory, be sure to contact your local building authorities beforehand as failure to comply with planning law could give way to more serious legal matters.

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Gavin Brazg -  TheAdvisory.co.uk

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