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planning-applications.co.uk |
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Apart from the planning policy investigations that you will be
carrying out, it is also worth considering a number of other issues. You may
need to consult your solicitor, landlord or mortgage company in some cases.
What is the planning history of your property?
If not already provided in Searches when you purchased the property
it may be worthwhile checking for any previous planning decisions. Maybe you
already have a live planning permission but do not know about it. Your good
idea may have been tried before and been refused, or dismissed on appeal.
Planning histories are often revealing of the way in which a
Council has approached proposals in the past. Conditions may also have been
applied which have a bearing on your proposal.
You can arrange to inspect your properties past planning records at
the planning offices. Try and start from the 'Plotting Sheets', Ordnance plans
on which many Councils plot all their planning applications. These will show
the planning reference numbers for applications that will be on file,
microfiche or, more commonly these days on computer printout. You may find the
planning department can print out a list for you.
Check for any relevant permissions and do not ignore refusals. They
are often of more assistance as there may be no point in applying for something
that has been turned down on appeal only a short time ago! [See Decisions]
Check your title deeds for any legal restrictions.
There may be Covenants or restrictions on the land which limit or
prevent your proposal, even if planning permission is granted. Do you own all
the land in question? You may need to serve notice on other landowners (they
could also benefit from your permission).
You should also check your local land charges register (available
for inspection at the Council planning office) to make sure there are no issues
over Listed Buildings, Tree Preservation Orders and other legal restrictions. These
should have appeared in searches when you bought the property but other
limitations may have occurred since, such as Article 4 Directions or designation of a Conservation Area.
If you are in doubt then consult the Council or take professional
advice.
Will any public or private rights of way be affected?
Check to make sure that you are not building over, or in a manner
that might affect, a public footpath, bridleway etc. Altering the route of a
public right of way is difficult and time consuming and may not be achievable.
It is not wise to make planning applications that rely on obtaining, say, a
Footpath Diversion Order.
Equally, you may share an access to the property with others. Your
present rights to gain access to your property may be affected by your planning
proposals. Title Deeds should set out your rights and obligations in this
regard.
Are there any public or private easements over the
property?
Erecting your new garage over the mains drain link to your
neighbour’s property may not be a good plan if it ever needs to be dug up!
Although the planning department will consult widely on your application with
Statutory Bodies and others, you should try and establish in advance the
implications for your proposal; particularly with respect to the private rights
of neighbours and others.
Do you need to notify your landlord?
If you rent property of any kind your lease or tenancy agreement
will normally contain clauses which control the works you can carry out on the
property. Some may specifically preclude the development you are thinking
about. You should find out your landlord's position on the proposal in any
event, in case he would like you to apply for a particular permission. You may
need to serve a formal notice on your landlord when you make your planning
application.
Here again, although planning consent may be granted, you may not be
able to implement it if your landlord does not give his consent.
Check your mortgage agreement for limitations.
Certain works to your property may be limited by the terms of your
mortgage. Equally there may be a need to notify your mortgagee when undertaking
works which might affect the value of the property. Check with your mortgage
deeds or the company concerned if you are unsure.
What will the
neighbours say!
Probably the most important issue of all.
However well you know your neighbours, never assume that your pet
project will be as exciting to them. They may be too embarrassed to point out
that your new conservatory will block the light into their kitchen, or the fire
escape stairs to the proposed first floor flat will allow a direct view into a
bedroom. (These are actual cases - there are thousands).
Planning applications are often a time when true feelings are
brought to the surface. You may only find out their opinions when they write in
to object to your application.
Be neighbourly, chat your proposals over before you go ahead. They
may be prepared to fully support your application. Equally they may vehemently
object, or could suggest minor changes that would be acceptable.
This general comment is true for any scale of development. Well
argued objections from third parties are taken seriously by planning committees
and you can avoid a great deal of frustration, delay and perhaps even
embarrassment by discussing your proposals first.
A word with your Parish or District Councillor may also be
appropriate for more contentious proposals in order to gauge their reaction to
your scheme.
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