- Jul 2020
Why do I need to get planning permission?
A commonly asked question TerraQuests Planning team gets is, why do I need to get Planning Permission. Planning permission refers to the approval needed for construction, expansion, and demolition. Your local authority is responsible for deciding whether a development should go ahead.
The reason people need planning permission before going ahead with their project is because the LPA needs to decide if the project is a good idea. LPAs need to take into account the economic, environmental and social needs to reach a decision. For example, it would not be a good idea to build a night club next to a care home.
The factors councils need to consider when assessing a planning proposal are as follows:
- Regional Development Strategy
- Planning Policy and Guidance
- Development Plans
- Consultation Responses
- Third-Party Correspondence
- Site Visits
- Material Considerations
- Government Strategies and Policy Documents
Not obtaining planning permission when needed is known as a planning breach. A planning breach in itself is not illegal and the council will often permit a retrospective application where planning permission has not been sought. However, if the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.
It is illegal to disobey an enforcement notice unless it is successfully appealed against. You can appeal against both refusals of permission and enforcement notices but if the verdict comes out against you and you still refuse to comply you may be prosecuted.