Tag: planning approval

  • HPH154 : The challenges of building a new home in a rural community – with Jeremy Harris

    HPH154 : The challenges of building a new home in a rural community – with Jeremy Harris

    Jeremy Harris, a scientist by background, wanted a low energy house for his retirement. He talks about the initial stages of his self-build project: finding a plot of land and obtaining planning approval.

    Jeremy Harris

    Interview with Jeremy Harris

    Jeremy Harris, a scientist by background, wanted a low energy house for his retirement. He first came up with the idea that he might like to build a house around ten years ago.

    It’s important to fully understand the beginning of the self-build process

    Jeremy found television programmes and magazines rarely touch on finding a plot, designing a house to fit that plot, and the people you have to employ to do all of that work. It can be very expensive, costing thousands of pounds for planning consultants, architects, building control, etc.

    Plots can seem very nice on websites but look nothing like the photographs in reality

    Finding a plot of land was extremely hard. The Harrises drove several thousand miles, visiting disappointing plots. They began by looking at what they wanted to build, but Jeremy concluded this was the wrong way round: first find a plot, then determine what type of house will fit on it.

    Having walked away from one likely prospect, by chance they found their plot of land 16 miles from where they were living. It was too overgrown to see properly and fenced so they couldn’t get into it, but looked like it might be exactly what they wanted: facing south (i.e. good solar access) and in a sheltered valley.

    There's a plot in there somewhere!
    There’s a plot in there somewhere!

    Buying a plot is not the same as buying a house – ensure services will be available

    When buying a plot of land a solicitor can tell you if there’s a public footpath on it but won’t find out if you’ve got water, mains electricity, mains sewage or even if the boundaries are in the right place.

    Services in rural areas are often stretched to the limit. Jeremy had to ask the relevant utility companies if they could supply:

    1. Electricity? Fortunately there was plenty of power on their doorstep.
    2. Water? Companies have a statutory duty to supply water but the issue is cost. They’d have to dig up a lane for 140 metres and although Jeremy shopped around (anybody with a licence can do the digging), the minimum cost was still £24,500.
    3. Mains sewerage? There’s no statutory requirement to supply this and the cheapest the water company could provide it was £14,800.
    4. A new phone connection? Telecoms companies see self-builders as developers. If there isn’t enough capacity, they can charge whatever they want to lay a new multi-cable.

    As services would cost so much, Jeremy renegotiated the price accepted. The land hadn’t sold for eight years so he persuaded the vendor to knock off a substantial amount.

    Many building plots have boundaries in the wrong place where the Land Registry is concerned

    Plots of land don’t have registered boundaries as a rule. There was a boundary error affecting the Harrises’ plot meaning the house approved to go on it wouldn’t fit.

    The process for resolving boundary errors is complex and time consuming. It’s up to the vendor to do it, so you have to persuade them to spend money with Land Registry to get title plans amended. This often affects adjacent houses, as well as your plot, involving lenders as they have a right on the title.

    A stumbling block can sometimes turn out to be an opportunity

    It took them a year to get their boundary error resolved, but this allowed time to plan the project properly.

    Jeremy wrote a brief with eight key design points but the architects he approached didn’t seem to understand the role of design with low energy houses. Looking further afield for a Passivhaus specialist was an option, but thinking the distance might make communication difficult Jeremy decided he’d design their house himself.

    So the year was productively spent:

    • Evolving designs for the house
    • Tracking down the local Openreach engineer who offered help at no cost, as Jeremy planned to dig trenches on the plot and an underground network would solve local problems with overhead cables and trees
    • Discovering a borehole was possible, at half the cost of mains water
    • Planning a sewage treatment plant, costing around £3,500; much cheaper than digging up the lane

    This avoided inflaming an existing situation with the neighbours, as the plot had a chequered planning history, and saved money too!

    The borehole
    The borehole

    Once the principle of development is established by an approval, it’s extremely difficult for planners to remove it

    The Harrises’ plot had planning permission for a little stone bungalow that they didn’t want. As the local authority had approved the principle of putting a house on the plot, their plan was to submit a new application.

    Areas of outstanding natural beauty, conservation areas and proximity to listed buildings put constraints on what you can build. For example, needing to have all the external materials approved, as was the case with Jeremy’s house.

    Good communication paves the way for a smoother planning application process

    In Jeremy’s area, seven objection letters result in the application being referred to a planning committee, where emotions come into play far more than planning law.

    A previous application for the plot resulted in 14 objections at Parish Council level and dozens of letters. To mitigate objections for their application, Jeremy spoke to every neighbour, sent them regular update newsletters and even Christmas cards.

    He also made scale models, enabling all interested parties to understand the design before the planning application went in. His wife could look inside the rooms to see whether they were big enough, and the neighbours could see what the house might look like in the landscape. And the scale model played an important part at the Parish Council planning meeting, where applicants aren’t allowed to talk.

    model-sw-view-small

    “We had several cases where objectors turned to supporters”

    Jeremy eliminated concerns by talking them through with neighbours:

    Genuine concernsWhat Jeremy did
    New house would overload the sewage systemExplained they were putting in a sewage treatment plant instead
    Height of the house might block views or cast shadowsUsed the 3D scale model to show that the house would be set into the hillside (3m down)
    Being overlooked in their back gardenUsed the model to show that the garage blocked the view (neighbour was also happy the garage protected their vegetable patch from the wind)

    Engaging with local people is important but Jeremy adds a caveat: be cautious and put your foot down if neighbours ask for too much; at the end of the day it’s your plot and your house.

    The Harrises got through the planning stage with no letters of objection at all, so the decision was down to a Planning Officer purely based on the law and planning policies for the area, and approval was granted.

    Transcript

    Download a transcript of the interview with Jeremy Harris

    Find out more

    Check out Jeremy’s blog on the project

     

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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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