Obtaining Planning Permission

Obtaining planning permission on behalf of landowners and developers is a core activity for us. Faced with a complex and bureaucratic system, it makes sense for you to let us take some of the strain of complying with procedures, undertaking consultation and providing information.

We always seek pre-application discussions with the local authority. As a minimum, we like to agree what information is needed to support the application and identify any particular issues which the Council wishes us to address. We try to ensure that officers are happy with the draft plans before submission, and sometimes involve local councillors in the dialogue.

It is desirable for developers to engage in public consultation with the local community before submitting an application. This can help to ensure that local people understand what is proposed, provide feedback that the final proposals can respond to, and create goodwill if people believe that their views have been listened to. We have arranged and attended consultation events, analysed the responses received and submitted consultation statements to support applications.

Certain applications must be supported by additional technical reports, where issues such as highways impact or the effect on ecology arise. Many of our clients prefer us to co-ordinate these inputs and make sure that they meet the needs of the planning application.

We can suggest who to bring on board if you do not have a preferred consultant.

When we submit a planning application, we usually include a Planning Statement. This sets the context by describing the site and its surroundings, together with its planning history and relevant policies. It explains and justifies what is proposed. Many planning decisions involve balancing different interests and priorities, and we are experienced in drawing together a convincing case as to why planning permission should be granted.

A Design and Access Statement must also accompany most planning applications. This explains the design principles and concepts that have informed the development and how access issues have been dealt with. We often collaborate with the architects and designers to produce a document which portrays the scheme in the most effective light.

After submission, we confirm that the Council has received and accepted the application as valid, monitor consultation responses and stay in touch with the case officer to address any issues that might arise. The majority of the applications which we deal with are decided at planning committee. We will review the committee report, attend the meeting and speak in support of the application if required.

Individual Reports for Your Application

We can provide a stand-alone report for planning applications submitted by developers, landowners or architects. This might arise where the application initially seemed to be straightforward, but complications over planning policy have then arisen. Examples submitted by us have included:

• A Regeneration Statement to look at the impact of a housing scheme on a renewal area
• A Sequential Test to show that a more centrally located site in the town centre was not available to accommodate a development proposed outside of its boundary
• A Proposal to replace a derelict factory with housing, for which a Loss of Employment Land Justification was required.

We can be involved as much or as little in a project as you wish. We are flexible and adapt our services to the requirements of the client.

Development Potential Appraisal

One of the most valuable services we offer is a Development Potential Appraisal. This will help you to identify whether an opportunity has potential that aligns with your aims and objectives. It will allow you to make better judgements about strategy, timescales and the likely return on investment.

We begin by reviewing existing planning policies and guidance, and consider the scope to change any current restrictive policy in the future. We consider the existing lawful use of the site and what might be done without planning permission, as this provides a benchmark for considering alternatives. Checking the site's planning history may reveal past decisions which may have a bearing on what else might be allowed.

We assess what site-specific issues could affect the principle and form of development. Sometimes the need for additional studies will be identified, such as transport assessments or ecology studies which can only be carried out at certain times of year. We also look at the wider area, to see how the proposed use of the site fits in with its character and with planning policy objectives, such as regeneration or ensuring accessibility by public transport.

Depending on the current and anticipated end use, we might need to examine the supply of housing land or employment sites in the area.

According to the client brief, we will always give a clear opinion on whether the prospects of success for different options are strong, weak or finely balanced. Our appraisals always end with recommended actions to achieve results.

Site Identification Study

As planning specialists, our approach to site identification will focus on those opportunities most likely to obtain planning permission. Depending on the client's brief, these might be for immediate development or longer-term sites requiring changes to planning policy.

At a broad-brush level, our Site Identification Study might highlight those local authority areas which should be targeted. For a housebuilder, this would ideally be where the Council cannot identify a 5-year supply of housing land and where local planning policies and allocations are subject to review.

Within a particular Council area, the Study would evaluate the implications of published evidence, such as the Strategic Housing Land Availability Assessment (SHLAA) or employment site studies. It would consider constraints such as flood risk and Green Belt to determine the area of search.

Looking beyond planning issues, we have links to commercial agents and land assembly specialists who we can collaborate with to identify and pursue opportunities.

Effective Appeals

We work with clients where planning permission has been refused and who need advice on the best strategy. Sometimes we will recommend an amended application to address the reasons why the scheme was rejected. In certain situations, the arguments for and against approval might have been finely balanced and there is every prospect that the decision could be overturned at appeal through making a strong case. Alternatively, the application might have been politically controversial, causing councillors to reject a recommendation for approval from the planning officer.

An appeal will proceed by one of three methods: written representations (the most common), informal hearing or by public inquiry. A public inquiry is used only in the most complex cases in which a barrister is used for cross-examination. The Planning Inspectorate chooses the method, taking account of our preference, and the choice will affect the timetable and costs incurred.

Getting Sites Allocated

The starting point in looking at planning proposals is the Development Plan. Under the current English system, the most important documents are:

• the Core Strategy, which will contain both general policies which apply across the local authority area - including the number of new houses to be built and the amount of employment land to be provided. It may also include strategic development sites, such as major extensions to the urban area.
• The subsequent Site Allocations document, including a proposals map to show the policy designations applicable to individual sites.

These documents must be based on evidence to which landowners and developers can contribute. The Strategic Housing Land Availability Assessment (SHLAA) is an important part of this, assessing whether individual sites for housing are available, suitable and achievable.

The documents go through a number of stages at which there is opportunity to comment, and it is generally beneficial to become involved as soon as possible in the process.

The starting point is to know when the consultation will occur. Mosaic provides updates about plans across the region and you can request these free alerts.

Knowing the consultation timetables for different authorities can also help clients in deciding where to look for potential development opportunities.

We regularly submit responses to planning policy consultations on behalf of clients and will be pleased to represent your interests.

Keeping You Informed

Our monthly newsletter Achieving Development Potential contains information and guidance about how to work with the planning system in order to achieve your goals, and includes news about some of our activities.

In addition, we produce a series of articles which contain detailed information and guidance about some of the particular subjects of most interest to our clients. We are producing these about some of the subjects about which our clients most often approach us for advice.

You can sign up for our free Development Plan Monitoring Service through which we will update you every month about any policy documents currently out to public consultation.

Please register here to request these services.

Site Portfolio Review

This is a variant of a Development Potential Appraisal which looks at more than one site.

A client might own, or be interested in acquiring, a portfolio of sites and wish to evaluate their development potential, either for valuation purposes or with a view to actual development. For example

• a company may be consolidating operations and have sites which are now surplus to requirements
• a housebuilder with a strategic land bank, which has been acquired or inherited from a number of different sources, might wish to re-evaluate the sites because of the passage of time or due to changes in planning policy

In some cases, there will be a comparative analysis, which could identify those sites to actively promote and those to retain for the longer term or dispose of.