Many successful business deals are the result of
being a bit canny with the information that you already know - keeping a
tight lip when needed and only letting the other side know just the bare
minimum requirement of information and never laying all your cards onto the
table. Successful negotiators use this tactic all the time. I expect all
of us can remember a time when we have left a meeting wishing that 'I hadn't
of said that!'
Well presenting a Planning Application can often
involve the precise same tactics at times where you need to retain the advantage
in your presentation or application scheme.
Many detailed or complex residential development
projects often involve works that can often be implemented without formal
Planning Permission - Many garage conversions are a prime example.
So, if your scheme is for a fairly large 2 storey
side extension for example that you think is already near the limit for
overdevelopment of the site, then why include the garage conversion as well
on the Planning scheme if it can be converted under the sites Permitted
development allowances. Including building works on a Planning scheme that
would not ordinarily require Planning permission is very risky for your other
works that do require the benefit of Planning.
Let me explain.......Planners are only human and
many are guided by their local plan policy which can be very subjective at
times and interpreted in many ways for each site making maximum development
of a property a bit of a lottery at times. Therefore, showing all the required
works on a Planning drawing can make your project look physically bigger
and more extensive that will have a bearing on how the Case Planning Officer
determine the suitability of your intended works.
Knowing where the line is for the straw that breaks
the camels back for any development scheme is never easy so why not take
advantage of excluding the works that can be constructed without Planning
in any case. You can always add them to the upgraded Building Regulation
and construction drawings later on.
The object is to always give yourself the advantage
and for you to 'risk assess' every development project that you present for
Planning. Taking unnecessary risks with the Planners assessment of your
development scheme by also showing them the full detail of the Permitted
Development works is foolish. Generally speaking, if Permitted development
works are shown on a Planning application scheme then these works will also
be roped into the Planners assessment of your scheme.
How many types of works are exempt form formal
Planning approval?.........Lots and lots - far more than you would credit
I can assure you which are published in our 'maximum Build' development
I would suggest that 1 in 4 of the residential
development schemes that we produce for clients wanting maximum development
for their site will involve a good proportion of the works being exempt from
formal Planning Permission.
The real trick to exploiting this technique is
to be fully sure of your ground regarding what works are excluded from formal
Planning Permission and this is where the Professional Building Design Agent
has the advantage over the lay person.
The golden rule would be to also confirm in writing
after approval of the main scheme that your interpretation of the permitted
development works are in fact PD as assessed by the Planning Dept. Any written
confirmation of Permitted Development works supplied by the Council can take
several weeks to obtain and their letter is only 'informal' - in other words
they can give wrong or rubbish advice and use a unique government approved
'get out of jail free card' to rescind their previous advice.
However, this is good enough for my purposes and
the clients use when reselling the property later on.
Our 'Maximum Build
Planning Guide' explains further the tactics involved when
developing land or a site for residential use and how to give yourself the
best chance of being granted an approval.
This email, its content and any files transmitted
with it are intended solely for the addressee(s) and may be legally privileged
and/or confidential. Access by any other party is unauthorised without
the express written permission of the sender. If you have received this
email in error you may not copy or use the contents, attachments or
information in any way. Please destroy it and contact the sender via
e-mail return. Internet communications are not secure unless protected
using strong cryptography. This email has been prepared using
information believed by the author to be reliable and accurate, but
we make no warranty as to accuracy or completeness. In particular
MSM does not accept responsibility for changes made to this email
after it was sent. Any opinions expressed in this document are those
of the author and do not necessarily reflect the opinions of the company
or its affiliates. They may be subject to change without notice.