An express application is required to be made to the concerned planning authority by paying a fee that is calculated using rules made under the TCPA. It is not necessary that only the owner or the property should be making the application, but if he is not, the owner of the property should be informed. Requirements relating to the content of the application are also regulated.
Full or Outline
The application is for full planning permission and will deal with all aspects of development proposal. But, when permission is needed for the erection of the building, initially one can seek permission only for the ‘outline’. This paves the way for further permission, but application for further development may have to be made along with the detailed plan. The detailed plan is known as ‘reserved matters’ and approval for them should be sought before development work can proceed. Needless to say, the outline permission is less expensive than full permission. This gives the developer flexibility about the timing of finalising the detailed plan for development.
When the land has development potential, the outline permission is granted for the development to enhance the value of the land and when this is the case, the seller should consider obtaining the permission before trying to sell the land.
The LPA’s Decision
It is the discretion of the LPA to approve or refuse the application for development if it is satisfied that the plan is in contravention of the regulations. The LPA must consider central government advice and other planning related factors that are specific to the development proposal. Although such permissions are granted and restricted to an individual and are limited in time, most of the time they are not limited and can therefore be sold.
Duration of Planning Permission
Once the planning permission is granted, the work should start within the stipulated time; usually within three years. This is expressly mentioned in the permission. Outline permission is also given with the condition that the approval of the reserved matters should commence within three years and the development must begin within two years of the approval of the reserved matters. Different time limits for permissions may be applicable and it is up to the developer to check for time limits for such permission.
Although a time limit exists for such permission to commence, there is no time limit for the work to be completed. But if the work is not commenced within the specific time limit, the LPA can issue a ‘completion notice’ thereby mentioning a time limit before which the job should be completed. And if this is not done, the LPA may withdraw the permission.
Planning Obligations:
Although developers are not required to pay for approval of their planning permission request, they will have to contribute in situations, where the proposal might place a strain on the existing infrastructure. For instance, a housing development project may create a need for additional classrooms in the local school. These are usually done through an agreement that is reached between the developer and the LPA, and shall be an important point of consideration when deciding on the grant of approval for planning permission. However, to prevent misuse, there are several regulations in place, and the LPA is required to follow strict guidelines. Besides, there are several case laws and government policies to control the role of the LPA. Some of the obligations include:
- The planning obligation shall be relevant to the project.
- It is important that a planning obligation is made, so that the proposed development becomes acceptable in planning terms.
- It should be directly related to the proposed project.
- It should be fairly related to the scale of the proposed project.
- The planning obligation should be considered reasonable in all aspects.
In 2008, the Community Infrastructure Levy or CIL was introduced to be charged on all development that may impact the local infrastructure. This tax is based on a formula that takes into account the size and the type of development. The idea was to not only get funding from developers for infrastructure development, but to also make it more open and accountable. The CIL is complimentary to the planning obligation, but the latter’s role is drastically reduced. But LPAs are not obligated to introduce the CIL.
