What happens if you don’t get planning permission?

​In this article, we'll look at what the law says around obtaining planning permission, what to do if your application is rejected, as well as the projects that are exempt from the process

​Applying for planning permission can be a daunting prospect, particularly if you’ve never had to do it before. There’s a risk your plans may not get approved, which could be due to issues with the proposed design, or people in the area who aren’t happy with what you’re altering.

So, what happens if you decide to skip this uncertainty and build without planning permission?

Is it a crime to build without planning permission?

No – it is not a criminal offence to undertake a construction project without planning permission.

However, the law does allow councils to exercise ‘planning enforcement powers’. This means they can serve Enforcement Notices, which will legally require you to alter or demolish any work carried out, if the council deems this necessary – which can be very costly.

Therefore, it’s recommended that you always apply for planning permission before any work is carried out.

What to do if your planning permission is refused

If your application has been rejected, keep reading to find out what you can do next.

Find out why

There are many reasons for planning permission rejection, but the most common ones for domestic properties include:

• The character and appearance doesn’t fit the period or style of your home
• The build will overshadow or overlook a neighbour’s property
• The build could restrict road access or increase traffic levels
• There could be an adverse effect on the local wildlife or trees

You should take a look at your plans again and see if any of the above occur. It could be that a neighbour has objected to your plan over access, such as parking, or they’re worried the changes could affect their privacy.

​Change your plans

The planning decision can take up to eight weeks, and during this time the local authority will send letters to each of your neighbours to ask them if they object to any part of your plan. If any objections do come through, you may be able to find these out prior to your application being accepted or rejected through discussions with the planning officer. When this is the case, you could make small changes to your plans while the application is still being considered.

If you think that your application is going to be rejected but you haven’t yet received confirmation of this, you have a chance to withdraw your application. Once it’s withdrawn, you can make the changes you want to and submit the application again. As long as you resubmit within 12 months, you shouldn’t need to pay again for the submission.

Appeal

Appealing generally isn’t recommended due to the amount of time it takes and there’s no guarantee that you’ll be successful upon appealing. However, if you do believe that your planning application has been rejected on unfair or unacceptable grounds, you can make an appeal for the decision to be overturned.

If you wish to appeal a decision, you must start the process within 12 weeks of the council’s decision. You will need to supply your initial application, the site ownership certificate and the local authority’s decision notice. There are three ways of appealing – in writing, at an informal hearing and via a public inquiry.

The process can take up to six months, but you will hear back from your planning inspectorate once they have looked over your appeal and come to a decision. The inspector may even need to come to the property to visualise how your plans will look when completed.

Who can object to planning permission?

Any member of the public is allowed to have a say on planning permission, whether the application is for a property in their local area or further afield. This means a person who objects to your plans doesn’t necessarily have to be a neighbour.

It's quite unusual for someone who doesn't live locally to object to a planning application. However, there may be some circumstances where this is the case, for instance, an environmentalist might wish to object to planning permission for a large development of new homes.

What can I build without planning permission?

When planning permission isn’t required, it's because the work falls under permitted development rights. This allows you to simply seek 'prior approval' from your local authority. While this will still take 8 weeks to obtain, permitted development tends to be less contentious and easier to secure approval for. 

Not all works are permitted development (complex builds, such as wraparound extensions are excluded) but there are a surprising amount of changes you can make without having to apply for planning permission.

If you’re unsure about whether you need planning for the changes you wish to make, you can speak to your local council for confirmation.

Important: it’s worth noting that any changes you make to your home could alter its value, and therefore, you should also notify your home insurance provider to make sure your policy is up to date and correct.

Permitted development right restrictions

Not all homeowners can use permitted development rights. The below properties are excluded from the scheme:

• Listed buildings
• Flats or maisonettes
• Some new developments

If your home is in a conservation area, you may find there are extra restrictions in place.

Important: no matter what type of property you live in, do check the exact rules with your local council before assuming that you do or don’t need planning permission.

Summary

Failure to get planning permission can have costly consequences. That's why it's important to understand whether or not you need planning permission. 

If you’re considering your planning options before a big renovation or extension project, keep in mind that:

• Though it isn’t a criminal offence, if your project requires planning permission and you skip this step, then the council can request you alter or demolish the work.
• During the planning process, it’s worthwhile trying to keep abreast of any feedback – if it looks likely your plans will be rejected, you can withdraw the application and resubmit an alternative plan, usually at no extra cost.
• If your application is rejected, you can make an appeal on the decision, though this tends to be a costly and time-consuming process.