Town & Country Planning
Your FAQs

A. Yes, whether you are constructing a residential building or commercial premises, you must comply with planning law. As each construction project will be different, it is vital to have the services of a property lawyer. Attwaters' Planning team will assess your project with you and outline how planning law could have an impact.

A. Building regulations are very strict and clearly define what changes need planning permission, and what changes do not. Attwaters' Planning team can advise you whether the construction work you are considering would require planning permission.

A. This depends on many factors and it is always best to talk to us in advance. Planning permission varies depending on the type of property that live in, whether it is listed and the policy of the local authority.

A. Any construction project that begins without planning permission could risk action from the local authority that could result in high costs. Your Local Authority could insist that the building work you have completed is reversed, and also fine you for breaking planning regulations. Attwaters' Planning team can advise you as to whether you could begin your project without interim planning permission being granted.

A. Yes, as in most cases, the integrity of the building you are modifying must be protected. As the penalties for not obtaining planning permission can be severe, consult with us before you begin your project.

A. Do speak to us first. Attwaters' Planning team has built up good relationships with the planning departments of Local Authorities and local property professionals. Not only will this speed up the process but in the long term, it could save you money.

A. Our expert Planning Lawyers can advise you whether you have a case to re-submit the application to the Local Authority. We can also assist you with appeals to the planning inspectorate.

A. Yes, Planning Law does allow people to make retrospective applications. However you will need good legal advice here. We have assisted many clients with these applications.

A. We work with our clients to ensure that their project meets all Planning Laws. We can assess your project and outline how Planning Law could apply. And if you need special planning permission, your property solicitor can help you obtain your permissions.

A.There are two types. The first is to confirm that development (building works) or a change of use is exempt from enforcement. The second is to establish that a proposed use or development (that you will then carry out) is lawful or does not require planning permission. If you are unsure whether permission is required for a specific use or development, then please contact us.

A. This is Green Belt land that has either been developed or is not considered to contribute to the purposes of including land in the Green Belt. The concept has been introduced to National Policy and is intended to release land in order to allow it to be brought forward for development.

A. These are a series of rights which allow certain types of building work and changes of use without needing formal planning permission. This includes residential extension such as loft conversions or outbuildings. It also includes commercial changes of use such as the change of use from offices to residential. The purpose of these rules is to remove some of the delay and bureaucracy in applying for formal planning consent. Be mindful however that these rights have restrictions and conditions, so interpretation of the rules is essential.

A. This is a tool in the planning legislation that allows councils to remove permitted development rights. It allows them to effectively stop permitted development that would usually be allowed in a given area (identified on a map) or for particular types of development. For example, they may prevent the automatic change relating to HMOs or certain changes of use in the High Street or Industrial parks if they believe it is in the interest of protecting employment.