Tag: local authority

  • HPH396: Getting planning permission for a replacement dwelling – with Mark Doodes

    HPH396: Getting planning permission for a replacement dwelling – with Mark Doodes

    Mark Doodes from Mark Doodes Planning explains what we mean by applying for planning permission to demolish and rebuild a house, how it is done, what some of the challenges might be and how to do as much as possible to improve your chances of a successful outcome.

    Interview with Mark Doodes

    Mark Doodes is a chartered member of the Royal Town Planning Institute and the founder of Mark Doodes Planning. After starting his career in local‑authority planning and working on e‑planning projects during the early 2000s, he moved into private practice and, twelve years ago, set up his own consultancy. Mark combines public‑sector insight with private‑practice pragmatism, helping self‑builders and developers navigate the often‑confusing maze of UK planning policy. His experience ranges from small rural bungalow replacements to large housing‑scheme negotiations, and he is known for a clear, step‑by‑step approach that keeps clients realistic about timelines, costs, and risks.

    The planning system is a patchwork of legislation and policy

    Planning in England draws on national statutes, secondary regulations, local plans, neighbourhood plans, case law and appeal decisions. Each of these layers interacts to guide a planning officer toward either approval or refusal. Because the system pulls together many sources, it may sometimes seem confusing to newcomers. Understanding which document carries the most weight for a particular site helps focus efforts and avoids chasing dead‑ends. As Mark puts it, “the planning system is actually quite difficult to define and very difficult for neophytes to navigate.”

    Local plans dictate where development can happen

    Local plans are the primary tool councils use to allocate land for housing, industry, commerce and other uses after years of consultation and evidence gathering. These allocations are the first checkpoint for any planning proposal. Mark says that sometimes these plans will be out of date, which can add in another layer of complexity.

    Neighbourhood plans add a hyper‑local layer

    Neighbourhood plans are drafted by communities and can refine the broader local plan for a village or suburb. They may set limits on the number of new homes, design standards, or specific constraints such as preserving the character of a village. Because they sit below the local plan, they can introduce additional hurdles—or opportunities—that are invisible on a county‑wide map. A quick glance at the neighbourhood plan can reveal hidden constraints before a formal application is submitted.

    Replacement‑dwelling policies vary between councils

    Each council publishes its own guidance on how much larger a new house can be compared with the one it replaces. The wording is not prescriptive which gives decision‑makers some flexibility. This means applicants must negotiate with the council and demonstrate why a modest increase is justified.

    An extract from a planning viability study from Mark Doodes Planning

    Exercising permitted development rights can help you

    Many small alterations—side extensions, dormer windows, raising the roofline—fall under Class AA or other permitted‑development rights. Before drafting a full planning application, it pays to map out what can be done without consent. Using these rights wisely can shrink the scale of the formal proposal, improving the odds of acceptance and saving time and money.

    Staged approaches smooth the path to larger schemes

    Rather than applying for a dramatically larger dwelling in one go, breaking the project into incremental steps (e.g., first getting permission for an extension before returning with another application) often yields better outcomes. Each stage is judged against its own impact, and the cumulative effect can eventually reach the desired size or the approvals gained can be used to negotiate.

    “Going A → B → C → D has a much higher chance than jumping straight to D.”

    In most negotiations both parties stand to gain something, but as Mark points out, a planning officer may be relatively ambivalent to the outcome, just wanting the case to be concluded.

    Some ecological surveys have to be carried out at specific times

    Ecological surveys for bats, great‑crested newts and other protected species are bound to specific windows (bats May‑September, newts March‑June). Missing these periods forces delays and can push a planning schedule back by months. Early engagement with specialists ensures that required evidence arrives in time for the application, keeping the project on track.

    Outline planning permission offers flexibility with reduced paperwork

    Submitting an outline application secures the principle of development without committing to detailed designs. This can be advantageous when the exact layout is still evolving or when you want to establish if a consent will be given. The outline still requires supporting reports—transport, drainage, ecology—and is recorded publicly, creating a tradable asset that can be sold or transferred.

    Avoid short-term financing if waiting for a planning decision

    Planning timelines can stretch well beyond optimistic estimates—often 12–16 weeks for a decision, plus additional weeks for appeals if needed. So relying on short-term financing based on a promised approval can be asking for trouble and expose you to high interest if the process stalls. Mark has seen this crop up too many times before and therefore he would always advise against using bridging loans.

    Planning permission is valid for three years

    Once a full planning permission is granted, the applicant has three years to commence development. There is no statutory deadline for completion, though prolonged inactivity may trigger Section 215 powers to clean up an abandoned site. Most owners start work well before the three‑year limit and are keen to get on with their projects.

    Give the planners all the information they need

    If there is any doubt about a particular aspect of the application it is wise to preempt requests for further information by producing the relevant report ahead of time. These might include ecological reports, drainage calculations, heritage assessments, and transport impact studies, etc. Missing these can stall the process or invite objections. Providing a well‑organised application demonstrates professionalism and reduces the likelihood of back‑and‑forth queries, increasing the chance of a smooth decision.

    “Nobody gets the end of the process and says, gosh, that UK planning system was so predictable, inexpensive and consistent. No one says that! So allow plenty of time, plan for the worst case scenario.”

    Be aware that policies can change

    National policies such as the National Planning Policy Framework (NPPF) are updated roughly every year. A local plan that was favourable when an application was lodged may be re‑tested against a newer national framework, altering the weighting of criteria. Keeping an eye on upcoming policy revisions helps anticipate potential shifts that could affect a pending case.

    Find out more

    Mark Doodes Planning

    National Self Build & Renovation Centre

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  • HPH330 : What is a planning consultant? – with Andy Moger

    HPH330 : What is a planning consultant? – with Andy Moger

    Andy Moger, from Tetlow King Planning, explains the role of a planning consultant and the benefits they can bring to a project.

    Interview with Andy Moger

    Andy is a planning consultant for Tetlow King Planning: a planning and development company based in Bristol that operates nationwide.

    A number of years ago he worked on the government’s first pilot scheme for self and custom build – the Heartlands project in Cornwall. Following that, he became more involved in the self and custom build sector, primarily doing work for the Right to Build taskforce. Nowadays, this sector is all he works on, dealing with applications, appeals and site promotions, ranging from single dwellings to larger developments and appeal work for some of the big house builders and strategic land promoters.

    Not all building projects will require planning approval

    It is possible to use ‘permitted development’ rights for work like small extensions and loft conversions, depending on the extent of the area you’re adding to your property.

    The ‘prior approval’ process typically applies to larger extensions. You inform the council who will notify your neighbours. If there haven’t been any objections after a period of time then you’re deemed to have consent.

    Local plans control development in each area

    Each council has to have a local plan; sometimes called a district plan or core strategy. These set out a strategic approach for that area for the next 15-20 years, and contain the policies that control development. If you’re looking to get planning permission on a particular piece of land you will need to check your local plan to see how you fit with those policies, or how you might overcome any potential issues.

    All of these plans will work on the basis of concentrating the development in the most sustainable locations, which will tend to be the largest settlements within an authority area. The settlement hierarchy is:

    • Towns and cities
    • Larger villages with a broad range of services
    • Smaller villages that have some facilities but still place a degree of reliance on higher-order settlements
    • Hamlets and open countryside where the presumption generally is against development happening unless there are specific circumstances, such as for essential agriculture

    Start with a site appraisal

    A planning consultant can carry out a site appraisal before you get to the application submission stage. This looks at a number of areas that might be a barrier to getting planning approval:

    • What the local policy position is
    • What the chances of adhering to those policies is
    • Site constraints, such as flood zones, ecological designations, conservation areas, nearby heritage assets, etc

    This would be followed by a number of surveys and reports

    Providing that the planning consultant thinks they can demonstrate that the project complies with the local plan, a number of surveys need to be carried out to support the planning application. These will depend on the scale of the development but it is likely that some will be requested.

    An ecological report will typically be required to identify whether there are any protected species on the site and sometimes these can only be carried out at a specific time of year. If you miss a survey calendar window, you may need to wait until the following year before trying again.

    Additionally, a transport statement will look at visibility splays and traffic generation from your scheme. Depending on where your site is, there could also be heritage reports, ground contamination reports and archaeological investigations.

    Local validation requirements will tell you what you need to submit

    Local validation requirements supplement the national validation list, with what the local authority considers as appropriate for their area. It tells you what information you need to provide with your application when you submit it. Once you have submitted all the required information on the Planning Portal, and paid your fee, you wait for the council to validate it.

    There are two routes to a planning decision

    If there haven’t been objections to the scheme, or if they’ve been addressed and the case officer is satisfied, then there are two routes to planning approval that might be taken. The first is their delegated decision, which tends to be on smaller, non-contentious schemes. This is where the officer has been given the power to grant or refuse planning consent.

    The other route is where it is put forward to a committee. This might be because it has been called in by a local councillor, or because it is more contentious with a number of objections.

    You have six months to appeal a decision

    If the case officer or committee refuse the application, you have six months in which to appeal. There are three routes for this.

    The first is called written representations, which is the easiest and cheapest. In your statement you would set out your case and submit it to the planning inspectorate. The council does the same. The planning inspectorate reviews both statements and makes a decision as to whether the appeal should be allowed or dismissed.

    The second route is a hearing. Both sides set out their case as above, but then attend a hearing together in person. The planning inspectorate will listen to both parties before making their decision.

    And thirdly, it can go to a public inquiry. This is the most expensive and time-consuming and is run very much like a trial. There are barristers and witnesses, and the inspector will sit as judge. They make their decision based on the written evidence and what they’ve heard in the cross-examinations.

    Choose a planning consultant based on their relevant experience

    If you’re looking for a planning consultant to work on your case with you, it is sensible to choose one with relevant experience of the appeals process that you are using. They should be a member of the Royal Town Planning Institute (MRTPI) and have a good track record locally. Don’t be afraid to ask for examples of cases they’ve won, so that you know you’re going with someone who is familiar with local policy and has relationships with councillors and officers in the area.

    Councils have a statutory duty to make self build land available

    Putting your name on the Right to Build register means that the council has a legal duty under the Self-build and Custom Housebuilding Act to issue the same number of permissions as there are names on the register.

    Andy has been involved in appeals where they have been able to argue that because the council have failed in their legal duty to issue enough consents for self and custom building, then land which might be outside of settlement limits should be permitted for development.

    Andy has also found that although some councils claim to have met their obligations by granting the same number of single dwelling permissions as there are people on their register looking for a plot, further investigation shows that actually, the majority of them aren’t for self or custom build at all. Some of these can be planning permissions for up to 9 dwellings, where they’re clearly developer-led models with no ability for customisation.

    Self Build and Custom Housebuilding Supply in Braintree

    8 out of 10 people aren’t aware of the Right to Build Register

    In one appeal that Andy worked on, although the council had met its obligations, they were able to argue that secondary data sources showed the register was actually a massive underestimation of the numbers of people in the area that wanted to self-build. Many of these were people that weren’t even aware of the self-build register. The inspector in that case allowed the appeal, even though the council had met its statutory duty.

    Andy would encourage anyone to add their details to this register though, as this will increase the number of self build plots the council legally has to make available.

    Outline planning permission is less risky

    A full planning permission provides all the details about your scheme, including layouts, landscaping, scale and massing. If you were to then get planning consent, all you would have to do is discharge the conditions against it, such as material samples, working hours on site etc.

    What a lot of people do is seek an outline consent with access only. This is an illustrative plan showing what you intend to put on the site. With outline approval you have to get subsequent reserved matters approvals for all the elements that you haven’t included at that stage. Outline permission is cheaper, so is therefore considered less of a risk.

    Andy stresses the importance of discharging any pre-commencement conditions, prior to starting work on site.

    Self builders can apply for CIL exemption

    CIL is the Community Infrastructure Levy that some councils have implemented. It is a per square metre charge on development and is intended to pay for strategic infrastructure. Self builders can apply for an exemption, but it is incredibly important to follow the process correctly, and within the timeframes, as failure to do so could lead to a bill running into thousands of pounds.

    Find out more

    Visit the website of Tetlow King Planning

    Follow Tetlow King Planning on Twitter

    Transcript

  • HPH296 : How to connect a new water supply to your home – with John Hernon from Thames Water

    HPH296 : How to connect a new water supply to your home – with John Hernon from Thames Water

    John Hernon from Thames Water explains the process of installing a new connection to a water main. He also outlines the role of water services company that delivers clean water and takes away waste water.

    Interview with John Hernon

    John is a strategic development manager for Thames Water. He has been working in the business for nearly 20 years, with much of that time spent dealing with developers and working on connections.

    Thames Water provides clean and waste-water to millions of customers

    Thames Water is the largest of the water companies in the United Kingdom, with 9 million clean-water customers, and around 50 million waste-water customers. Their role is to provide clean water to households, and take their waste away.

    They have a network of over 30,000 kilometres to service and maintain, made up of the strategic network, which is the massive pipes that transport water across the region, and the local distribution network.

    They also have 350 sewage treatment works. Once the sewage has been collected through the network, it has to be treated to a stage where it can be put back into the water course.

    Solids are separated from liquids before being dried, with some of the by-products being sold on to farmers. Liquids go through a process of treatment and screening before being put back out into the environment.

    Much of the network is over 100 years old

    Being such an aged network, much of it is made up of cast iron pipes. There is a massive project underway to replace and upgrade the aging network, but as this brings about inevitable disruption, it has to be managed carefully.

    Booster stations help control water pressure

    Providing clean water uses a pressurised system in order to guarantee a certain amount of pressure to each customer. And where gravity can’t be used, such as when water needs to be taken to properties on a hill, booster stations can boost that supply.

    The guaranteed minimum at the boundary of a property is 1 bar of pressure, but much of the network operates at a higher pressure. One bar of pressure is, if you were to put a nail through that water main, water would spray ten metres in the air.

    Contact them as early as possible

    John suggests that anyone wanting a new connection, whether for a large or small development, should get in contact with them as soon as possible, and ideally even before the planning stage.

    “By getting early visibility and someone saying, ‘we want to build a new house and it’s somewhere where we haven’t got a water network’, we might have to do significant reinforcement to our mains network to supply that. So, we would want to speak to that person as soon as possible to understand the constraints that we need to face and whether we’d need to cross a third party’s land and so on.”

    He says there’s usually a solution, but it can get costly if the new build is in a remote area which has a long run to the nearest connection point. Their pre-development process can offer the customer an estimate about what they’ll need to do to their network, even before it goes for planning approval, so it’s always advisable to get in touch early.

    John says that Thames Water have upgraded their website with a focus on their single-build / smaller customers to try and help them through what could be a confusing process for a novice.

    Once an application has been received, a quotation will be sent out within 14 days. When the quote has been paid it will be valid for 180 days.

    Things that will impact on the cost will be the distance from their nearest assets, any traffic management, lane rental charges etc.

    The most significant thing to potentially impact on the schedule is local authority restrictions, which is why it’s so important to contact the water company as soon as possible. Digging up a road can cause disruption and traffic management problems, so balancing the needs of the customer with local authority requirements can take a number of weeks to resolve.

    Their responsibility is to provide the water supply to the boundary

    Once the supply has been installed, their responsibility continues to that customer. They have to ensure that the meter is installed and logged onto their network and that the account is setup so the customer can be charged for the services. They also have a duty of care to ensure that what has been built and connected to the water network is fully compliant, and will carry out inspections to make sure it is.

    The self-builder should appoint an approved plumber

    This plumber will run the pipework from the inside stop valve out to the boundary. They would need to lay a run of 25mm or 32mm pipework out to the boundary, at a depth of one metre, and leave a little extra pipe there. This helps with frost protection and summer heat gain, and will enable them to link up with the existing assets in the street.

    Thames Water would then carry out an inspection to make sure it is to the right location and using the right material. Occasionally a protective pipe / barrier supply will be needed if it is deemed to be in a contaminated area, but ideally the pipes are just laid onto the soil without sleeves. Sleeves could hamper the chances of identifying a leak if there was an issue.

    The meter will generally be installed at the boundary in the footpath. This clearly marks the point at which Thames Water’s responsibility ends and the customer’s begins.

    Thames Water and their contractors would then take over and liaise with the highway authority, to do the final connection of the pipework to the main in the street.

    Choose water-efficient products

    John recommends that people are careful about the products they buy, and consider that although cheap products might save money upfront, they may not actually be very water efficient. He uses the example of dual flush toilets, where a lot of the cheaper ones fail and end up wasting lots of water. He would encourage people to choose the most efficient products that will save water.

    He also advises people to be especially careful to avoid misconnections on the waste side of things. It’s important that the waste isn’t accidentally connected to a drain, which could potentially pollute a watercourse. In order to avoid this, consent from Thames Water to connect to their waste system must be obtained. They will arrange an inspection to make sure that a proper connection to the sewage system has been carried out.

    Thames Water have plans for improving the network

    John says that Thames Water are looking to install a network of smart meters across the region which will aid their understanding of what customers are using and where there are issues with supply. It could also identify a supply that’s running 24/7, which would mean there’s probably a leak somewhere between the meter and the property.

    They are also actively looking into ways of introducing grey water systems for flushing toilets, which don’t need to be done with the clean water they currently use.

    Most of the network across London is a combined network, which is where the rainwater and sewage are combined. This puts a lot of pressure on the aged network, because when there is heavy rain the sewers become inundated. So, they’re looking at how they might be able to separate the surface and foul networks to ensure that surface can be sent to a water course, and the foul can be taken back to the treatment works.

    Leakage is a big issue for Thames Water so they have set a massive target to deliver on within five years, to drive down the amount of water being wasted.

    And finally, improving the customer experience is a focus for the next five years too. There is work going on to upgrade their website so that if a customer has a query they should be able to find the answers online without having to join a queue in a call centre.

    Find out more

    Visit the website of Thames Water

    Follow Thames Water on Twitter

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  • HPH112 : Getting planning permission for a self build – with Phill Skill

    HPH112 : Getting planning permission for a self build – with Phill Skill

    Phill Skill, Lead Business Consultant at Stroud District Council (but Head of Planning for 10 years before that), shares an overview of what you need to know about the planning process if you’re intending to self build.

    Phill 1

    Interview with Phill Skill

    Phill’s background is in building surveying. After relocating to the Cotswolds he started work as a building inspector before moving into planning, and around 10 years ago becoming Head of Planning at Stroud District Council. During that time he also appeared in the TV series, “The Planners”.

    With the four nations of the UK having their own planning systems, we’re going to be focusing on England.

     

    Local plans must comply with the National Planning Policy Framework (NPPF)

    The NPPF was introduced by the coalition government to replace hundreds of thousands of sheets of policy documents with a more streamlined and basic document of around 50 pages; the intention being to make it easier for developers and communities to understand the rules. It sets out broad, basic rules such as development should be sustainable, and each local authority should have a 5-year land supply, while leaving the detail to the local authority in its local plan of how it needs to be achieved.

    The local plan decides what can happen in which fields at a local district council level. In the big metropolitan authorities (ie Manchester, Bristol, Birmingham etc.) it’s dealt with at city council level.

    The local plan is expected to take into account local characteristics and local needs, so if there’s a large number of people saying they want to self build then the local authority should allocate a percentage of build for self-builders. They can also put limits on some of the smaller scale development, such as infill plots, which often they like to keep reserved for local builders, thus keeping the money in the local economy.

     

    It can be worth asking your local authority about land opportunities

    Phill gives an example from his local authority, where their recently completed local plan states that developers are required to reserve a certain percentage as serviced plots for self builds.

    In reality, Phill suspects that what will happen is these will be snapped up by tradespeople / one-man builders. As these plots need to be purchased from the developer, Phill thinks these people might be more clued up on the process to access finance and act faster. Essentially these are single plots being designed and built individually, albeit not necessarily for the final owner.

    Phill explains that the local plans are there to be debated and with around 50% still to be formalised, he suggests getting involved with local councillors and planning authorities to encourage them to be more specific about how the rules will apply.

     

    There are two main aspects of planning

    Use of land

    What you intend to use land for is controlled in planning. By default, all land in this country is agricultural unless it has been granted another use. If for example you wanted to extend your garden into the field beyond, you would need to apply for planning permission as it is a change of use from agricultural to domestic.

    Aesthetics

    This covers what you intend to put on the land and what it is going to look like. If you’re intending to put something quite out of place with its surroundings then planners have to consider the ‘street scene’, ie is what you are proposing going to be jarring to the eye. The exception to this is if what is being proposed could be considered an exemplar building. That is, of such high quality that if it was going to jar the eye, it should be so spectacular that you actually want to draw the eye to it. Phill cites the glass pyramid at the Louvre entrance as an example.

     

    Phill explains that small home extensions that fall within a certain scale, while still regulated by planning, are granted by right under permitted development so don’t need to go through the formality of applying and getting planning permission.

     

    Building on farmland is “nigh on impossible”!

    Phill suggests that in today’s environment it’s highly unlikely that you’d be able to go onto a farmer’s field and build a single unit.

    Greenfield development is the preserve of the volume house builders who are looking for plots for perhaps hundreds or thousands of houses.

    Phill’s recommendation for finding land is to look for garden infills in an existing settlement, ie building in back gardens or knocking a small house down on a large plot and building two or three in its place.

     

    You can apply for planning permission on land that you don’t own

    As an example, Phill says that as long as you paid the fee and notified the Queen in writing, you could put in a planning application for a gazebo at Buckingham Palace!

    On a more practical level, this can work to your advantage if you don’t want to take the risk of buying a property in the hope that you will get planning permission. Instead you could negotiate a higher price with the current vendor on a subject to planning basis (buying under option), which gives you the reassurance that if they get the planning permission they are contracted to sell to you. If permission isn’t granted then you can walk away and they have been left with the costs.

    If there is a plot that you are considering it can be worth speaking confidentially to your planning office about its chances. While their advice isn’t binding they can certainly give an idea based on previous experience.

     

    There are two main types of planning permission

    While there are a plethora of different types, and so long as you aren’t making changes to a listed building, the two most likely to be relevant to a self-builder are ‘outline’ and ‘full’.

    Outline application

    This is about the principle of development. You don’t even need to show the the size or shape of the buildings, just an ordnance survey plot plan showing how the site would be accessed. This costs around half the price of the full application and you don’t need to go the expense of paying fees to have drawings produced etc.  Once outline permission is given you would need to return with ‘reserved matters’ applications which fill in all the gaps.

    This is used commonly by solicitors looking to get the best sale price of an estate for the beneficiaries of a will. It’s also used by developers with a build process that might take several years so aren’t in a position to determine finishes at this stage.

    Full application

    This covers everything – so where the building’s going to go, what it looks like, how it will be accessed, what the landscaping will be etc. If this is approved you are then in a position to progress straight away.

    Example Plan
    Example Plan

     

    The application fees don’t cover the full cost of the application process

    The fees for planning applications are set nationally. Typically it costs around £1200 for the council to process an application, but the fee you pay to them is around £300-£400 for a single dwelling. The remainder is paid for by council tax. Phill suggests that to some extent this is right because the community has a financial say, ie they’re paying for the planning committee etc.

     

    There is an appeals process if permission is refused

    Although around 95% of applications are approved, others might be refused on the following grounds:

    Unsustainable – so if where you intend to build is extremely rural and you’re going to need to use a car to get anywhere. Phill explains that the government is trying to make us lead more urban lifestyles, an example being it is easier for social care departments to service a lot more people in densely populated urban areas.

    Landscape – the building might be ugly and detrimental to the landscape.

    Overbearing – while there’s no legal ‘right to light’ in planning, neighbours are protected in that the building can not be overshadowing or overbearing.

    Highways – your access point might be on a dangerous corner or it doesn’t allow for car parking.

     

    If you have your application refused by the local authority but still want to proceed there are two options. Firstly, there is a free re-submission so you can make a re-design and try again. Secondly, you can take your case to the planning inspectorate who will appoint an independent inspector to review the decision.

     

     

    Find out more

    Follow Phill Skill on Twitter

    Read Phill’s blog

     

    Transcript

    Download a transcript of the interview with Phill Skill.

     

    Find out more about planning permission in The Hub

    We also have a module in The Hub on planning permission. This is for you if you want to go a bit more in depth. We’ve got a case study with Kingsley Barraclough and his experience of going through the planning system and we’ve also got more from Phill in there which will help cement what you’ve learned from this podcast.

     

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