What is planning permission?
Planning permission is provided consent from your local authority which is required before construction, extension, or demolition of a building even begins. This permission is implemented to deter people from undertaking misguided construction projects, as it may negatively impact the environment around them.
What factors might affect a planning application?
-Harm to local environmental health;
-Affects a listed building/ancient monument;
-Affects access to a business or service;
-Involves the destruction of nearby buildings;
-Interferes with the daily lifestyle of residents-such as, loss of sunlight, noise, loss of privacy, smell, or fumes;
-Endangers wildlife/natural habitats such as destruction of forestry or endanger of bats;
-Traffic congestion and lack of road safety.
Why is planning permission important?
If you fail to obtain required planning permission, it is considered an offence. This is considered as ‘Planning Breach.’ While a planning breach is not illegal, the council may authorize a follow up of the retrospective application. Your local planning authority can address an enforcement notice on you if they believe you have committed this breach. It is however illegal if you violate this enforcement notice unless it is successfully appealed against you. The repercussions of this violation range from imprisonment, heavy fines, the council can undo the building work which will cost time and money or whenever you plan to resell your property the next buyer may be reluctant as their bank will request the necessary planning permissions to be provided.
How we can help
First time buyers must look out for grey areas, such as extensions to the property which may lack evidence of planning permission. At P.A. Duffy and Company, we will offer you our legal advice on the area of planning permission, such as instructing a surveyor to inspect the property before you sign any binding contracts with the seller.