Frequently Asked Questions

The carrying out of building, engineering, mining and other operations or the making of a material change in the use of any building or other land will constitute ’development’ for the purposes of the Town & Country Planning Act 1990 and will normally require planning permission. However, certain limited forms of development may be carried out without the need to apply for planning permission* – known as “Permitted Development”. These “Permitted Development” rights can apply to a wide range of development types including:

• Alterations and extensions to a dwellinghouse or some forms of development within the curtilage of a dwellinghouse
• Minor operations such as the erection, maintenance or improvement of gates, fences, walls and other means of enclosure or the painting of the exterior of a building
• Some changes of use
• Temporary buildings and uses
• Caravan sites
• Agricultural buildings and operations
• Industrial and warehouse development

- to name but a few.

To find out whether what you propose requires planning permission or not, email us with your enquiry.

*(Please note that whilst certain development may be “Permitted Development” for planning purposes, it may still require Building Regulation approval. Other requirements may also apply to Listed Buildings and their curtilage, buildings within Conservation Areas and within National Parks or other areas of special control)

Your chances of success in securing planning permission at the planning application stage or at appeal will depend on many factors including the planning policy background, any relevant planning history relating to the site and its surrounding, the impact the development may have on its site and setting, and whether the proposal has regard for the amenities of neighbouring occupiers.

At Tanner & Tilley we have built up many years of experience of advising Clients on their development proposals and in negotiating proposals with local planning authorities. Therefore, we are well placed to advise Clients on their likely chances of success and to identify planning application and appeal strategies to ensure that your development is successful.

For further advice why not email us with your enquiry?

We tailor our services to your particular needs. We understand how important it is for our Clients to keep the ‘front-end’ costs of their development proposals to a minimum whilst ensuring that you get sound professional planning advice. Therefore, where possible, we will seek to agree competitive fixed fee arrangements with our Clients with fees broken down into the various stages of the project. This helps you to properly plan and budget for your development proposal with no ‘hidden surprises’.

For a free ‘no obligation’ consultation contact us now by email or speak to one of our professional team – Tel. 01202 430 348.

We know how important it is for our Clients to know how long it will take for their application or appeal to be prepared and determined by the local planning authority or Inspector. This information can be crucial if the Client is seeking to secure a contract on a particular site or in the planning of the project budget costs. At tanner & Tilley we have built up many years of experience of what is needed to present your application to secure the best chance of success and how long it is likely to take the local planning authority to deal with pre-application advice, planning applications and appeals.

For further advice why not email us with your enquiry?

A material commencement of the approved development will keep the planning permission ‘live’ provide that you have first complied with any pre-commencement conditions that may apply to the planning permission (e.g. the need to seek prior written approval of the materials to be used, or the details of landscaping works and or tree protection measures, etc.)

A ‘material commencement’ may be deemed to have been carried out by any building operations which may include:

• Demolition of buildings*
• Rebuilding
• Structural alterations of or additions to buildings
• Other operations normally undertaken by a person carrying on business as a builder

(*Prior notification will be required to be given to the Local Authority prior to demolition taking place to enable them to assess whether demolition may require an Environmental Impact Assessment to be carried out) Prior to a material commencement of development taking place the developer should ensure that any other necessary permissions have been obtained, including approval of Building Regulation requirements.

A ‘material commencement’ may be deemed to have been carried out by any building operations which may include:

• Demolition of buildings*
• Rebuilding
• Structural alterations of or additions to buildings
• Other operations normally undertaken by a person carrying on business as a builder

(*Prior notification will be required to be given to the Local Authority prior to demolition taking place to enable them to assess whether demolition may require an Environmental Impact Assessment to be carried out).

Prior to a material commencement of development taking place the developer should ensure that any other necessary permissions have been obtained, including approval of Building Regulation requirements.