planning consultancy

First is the planning permission you want to obtain. Before a planning application or planning appeal is even contemplated, it is pertinent to consider whether there is reasonable prospect of winning the permission required. Every year, people with little understanding of how the planning system really works will waste an awful lot of money on planning applications which stand no chance of being approved from the start.

Whether a planning application be decided by a planning committee or by a planning officer under delegated powers, a planning authority cannot simply issue a decision it chooses. Both the decision, and the way it is made, are controlled by law and by the National Planning Policy Guidance issued by the Secretary of State on behalf of the Government.

The planning system operates on the basis that permission sought should always be granted - unless the proposal would "Cause demonstrable harm to issues of importance". Whether or not planning permission can be obtained and if so that depends on two factors:

a) Whether the permission sought can be demonstrated to be within the policies of the development plan, which is intended to provide a basis for rational and consistent decisions on all applications and appeals.

b) " Other material considerations" these are wide and varied and include National policies; Planning Officer's Assessment, and all local environmental and ecological considerations.

Many people think that the Planning Officer for their area provides free advice about whether planning permission can be granted for development land or buildings, and they then accept what they say without question. This attitude totally misunderstands the functions of Planning Officers and their objectives.

Planning Officers are not there to help applicants to obtain the planning permission they want (indeed most amateur applicants for planning permssion soon discover that Planning Officers’ more usual role is obstructing their attempts). Such misunderstandings are potentially very costly, because it can result in the planning permission not being passed and obtained when, presented in the right light, it could otherwise have been approved.

It might be very difficult for an Officer to refuse a formal application. Or sometimes it results in obtaining a planning permission of much lower value than an alternative which could have been obtained.

(Note: to secure the planning permission which will gain maximum benefit and the highest capital gain for your land or building, it requires an expertise in planning law and practice which is a match for the expertise of the Planning Officers - an expertise that can 'take on the Planning Officers on their own ground’ if necessary, e.g. by logging an appeal over their heads to the Planning Inspectorate.

A badly-prepared Application which results in a refusal can make it difficult to submit a successful subsequent planning application later. And a badly-drafted planning appeal which results in a lost appeal will be even more damaging to future developments proposals.



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