Planning Q & A
Under the Town & Country Planning Act planning permission is required for development. Development is defined under section 55 of the Act as ‘The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land’. This is a very comprehensive description and would apply to home extensions, loft conversions, conversions from single dwellings to flats or business premises, change of use of a building or land and many other operations.
There are however exceptions. The General Permitted Development order excludes various operations from requiring an application for planning permission. That applies also to some of the items mentioned above, most items of internal alteration that do not change the use or the external appearance of the building and other domestic and commercial operations. There are however a series of complex constraints put upon the extent and type of works that can be undertaken without the need for planning permission and you should seek professional advice prior to commencing works.
The General Permitted Development Order (GPDO) allows you to carry out enlargement works to your property without having to apply for planning permission. The extent to which you can enlarge your property depends upon a number of factors including the type of property you have (e.g terrace, semi detached etc.), the proximity of your property to your neighbour’s property and a number of other factors. The 2008 amendment to the General Permitted Development Order (GPDO) changed the way permitted development allowances are calculated. Instead of basing the enlargement on cubic measurement, they are now subject to a number of set dimensions based on various criteria. The allowance rules are complex and it is advised that professional advice is sought prior to commencing any building works in reliance upon permitted development regulations.
Under the Town & Country Planning (Fees For Applications and Deemed Applications) Regulations, if you resubmit an amended application for planning permission following refusal of your first application, you do not have to pay a local authority application fee for that second application. It should be noted however that there are strict criteria that the second application must meet if a second application fee is to be avoided e.g., the application must be submitted within 12 Months of refusal of the first application. There a number of other criteria and it is recommended that you seek advice in order to ensure you are in compliance.
Under the new Secretary of State for Communities and Local Government, there have already been a number of fundamental changes to planning permission and to the planning system. The main thrust of the change is a move away from central government control over planning to local Government control over planning for their own regions. This has already effected some important changes to the planning permission system. An example refers to the scrapping of minimum regional house building targets set by central Government aimed at catering for the general housing shortage in the country. Local authorities now have the power to set their own new housing targets and a recent report shows that 51 percent of local authorities are intending to review their house building strategy in line with the new powers. It is variously thought that this move will result in fewer houses being built and in added difficulty in securing planning permission for new houses.
Local authority planning enforcement departments issue enforcement notices under powers given to them under section 172 of the Town & Country Planning Act. Enforcement notices are issued when the local authority believe you have breached planning controls. There is however various defences and grounds of appeal against enforcement notices and advice should be sought immediately a notice is received.
Party Wall Q&A
Under the Town & Country Planning Act planning permission is required for development. Development is defined under section 55 of the Act as ‘The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land’. This is a very comprehensive description and would apply to home extensions, loft conversions, conversions from single dwellings to flats or business premises, change of use of a building or land and many other operations.
There are however exceptions. The General Permitted Development order excludes various operations from requiring an application for planning permission. That applies also to some of the items mentioned above, most items of internal alteration that do not change the use or the external appearance of the building and other domestic and commercial operations. There are however a series of complex constraints put upon the extent and type of works that can be undertaken without the need for planning permission and you should seek professional advice prior to commencing works.
The provisions of the Act extend to a number of prescribed construction operations that are to be undertaken to a party wall or within a specified distance of the boundary between properties. Among other items of work, the operations include the construction of wall wholly on your own land but against the line of junction, the construction of a party wall or party fence wall astride the line of junction, excavations on your own land to specified depths and within specified distances of the adjoining property and works to existing party walls or party fence walls. Prior to undertaking any of the operations that fall within the scope of the Act, you are required to serve notice on the adjoining property owner/s. The notice must include all relevant detail in accordance with the Act. The adjoining property owner/s can then consent to, or dissent from the works. Where they consent, the Act does not require a party wall award be drawn up though an award can still be prepared to regulate matters if so required by the parties. Where they dissent from the works, the mechanism of the Act is engaged and party wall surveyors or an agreed surveyor will produce a party wall award under section 10 of the Act. If the adjoining owner/s fails to respond to your notice within a 14 day period, under the Act it is deemed that they have dissented from the works and the mechanism of the Act is engaged.
When you receive a notice served under the Act, there would generally be an acknowledgement form attached for returning to the building owner. Before completing the acknowledgement form you should contact a party wall surveyor for advice. On occasion the proposed works may be very minor in nature and you may be advised that it is safe to consent to the work. However, it is generally the case that the works will need to be regulated under the provisions of the Act and that your rights and the protection provided by the Act should be preserved. In those circumstances you would be advised on how to respond to the notice and how to properly appoint your party wall surveyor. Your appointed party wall surveyor would deal with matters on your behalf from that point on. Under all normal circumstances all of your party wall surveyor’s fees and reasonable associated costs would be met by the building owner proposing to undertake the work, not by you.
It is always advisable to contact a party wall surveyor for advice as early as possible before you are ready to commence works. The surveyor will advise you as to what items of work require the service of a notice under the Act and how to properly appoint your party wall surveyor. For works that fall under the provisions of the Act, you must appoint a party wall surveyor. Having been appointed, your party wall surveyor will serve a properly constituted notice on your behalf. Some types of work require a minimum notice period of 1 month. Other types of work require a minimum notice period of 2 months. As the building owner, you will under all normal circumstances be responsible for all party wall surveyor’s fees (including the adjoining owners’ party wall surveyor/s if they appoint an independent party wall surveyor) and reasonable associated costs.
When the award has been distributed, there is a following period of 14 days in which either of the parties to the award can appeal the award.
If the works you have commenced fall under the provisions of the Act, those works would be regarded as ‘unauthorised works’. As such, the adjoining owner can take legal action against you to have the works stopped and they can claim their costs and damages from you. If you have started the works and subsequently realised you should have served notice, you should stop the work and contact a party wall surveyor immediately for advice. You would not benefit from the rights and protections offered by the Act in respect of the unauthorised works.
If you believe your neighbour has commenced works that fall under the Act and you have not been served notice, you should contact a party wall surveyor immediately for advice. The Party wall surveyor will consider the works that are underway and will advise you as to whether notice should have been served. You will be advised how to properly appoint your party wall surveyor and your appointed surveyor would take the necessary steps to afford you the rights and protections provided by the Act.