by Ross McIlvean
•
26 June 2020
When searching for a Building Plot or Development Site, one of the main aspects of the site appraisal will be to establish what type of Planning approval may be possible. If the site is on the market, it will generally have some type of planning approval (be it historic or current, outline or full), a description of which will usually be included in the sales particulars. Tip: carry out your own due diligence on the current Planning status as it is not always described accurately in sales brochures. I've seen instances where a site's potential for obtaining Planning approval is described very positively but, upon digging into the Planning documents in more detail, this isn't the case. If the site isn't on the market, you must carry out your own research on the different aspects relating to Planning. The value of a site can be increased dramatically (sometimes infinitely if it is costing money and worth nothing) by obtaining Planning Permission. When assessing the likelihood of being able to obtain Planning Approval for a potential development site, this is my 3 step due diligence process: 1. Research the planning history of the site. Search the local council planning applications to establish if current or historical approvals exist for the site. The opportunity to develop this site may never have been previously explored or you may find multiple historical applications. These may have positive or negative outcomes but they will potentially help you build up a picture of what may or may not be possible with the site. For example, a previous application to build 19 houses might have been refused but a subsequent application for 6 houses was approved. This gives you a broad indication of Planning's appetite for what can be accommodated on the site. If you find an application which has been submitted very recently, you might come to the conclusion that someone has beaten you to this site. There are generally two different types of Planning permission - Outline and Full (or Detailed). Outline Planning provides a decision in principle on the type of a development proposed i.e. the applicant is looking to establish if the site is suitable for, for example, 3 single-storey houses. The detail is yet to be developed but the principle can be assessed. Once a decision has been made on Outline Planning, Full Planning permission must still be obtained. Obtaining Outline Planning approval is no guarantee that Full Planning approval will also be forthcoming. When developing the proposal to a sufficient level of information that it can be assessed as a Full Planning application, previously-unexplored issues may arise such as drainage design or flooding. Full (or Detailed) Planning allows the Planning Authority to assess a fully developed proposal against all relevant planning policies and make a final decision. If the approval is recent enough, the approved documents are usually available through the local council's planning portal. If you intend to deviate from the approved Planning drawings, you must obtain further approval either by amending the current approval (if the deviations are not too significant) or submitting a further Full Planning application for the revised proposals. When researching the Planning history of a site, Full Planning approval is, generally, more valuable than Outline Planning Planning Conditions - If you are considering a site which you establish has Planning approval in place, be sure to review the conditions of the Approval. Planning may have issued an Approval on the condition that the applicant provides further information. This may be relatively straighforward such as providing further details of finishing materials for Planning to agree upon or they might be more onerous such as specific drainage designs or further reports/surveys to be carried out. These conditions may have cost implications which need to be factored in to your site appraisal. 2. Establish Planning Restrictions Local Development Plan - Each council has a local development plan which sets out their objectives and designations for the various different parcels of land within their council. Check the local development plan to establish if the site is already designated for a particular use i.e. employment land, housing etc. Or if it is in the greenbelt and, therefore, how that will affect the planning policies against which the application will be assessed. Building Listing - Historic Environment Scotland assign listings to buildings of historical and/or architectural importance. The higher the designation (A being the highest and C being the lowest in Scotland), the more onerous the Planning process becomes. If there is an existing building on the site, is the building listed? What is the listing and how will this impact what alterations you can seek approval for? Can it be demolished or does it have to be retained? Conservation Area - If the site is in a Conservation Area, what are the relevant planning policies and how might this affect what is achievable on site. The proposal will be assessed in greater detail to ensure that the development maintains or enhances the character of the local area. 3. Find Precedent Examples If there are good examples in your locale where a similar project has already obtained planning approval, this will stand you in good stead in your future discussions with planning. The fact that the precedent has already been set, generally, gives a level of comfort that an approval is possible. For example, if all of the houses in your street are identical and they have all split their garden up to create a new plot at the rear and yours is the last house on the street not to have done so, it would be a relatively safe assumption that Planning will not be fundamentally against the proposal. The detail will need to be ironed out as you work through the process but you at least know that the principle is acceptable. However, the opposite is also true. If there are multiple examples of similar applications which have been refused or withdrawn, it might be that these projects go against planning policy and will find it very difficult, if not impossible, to obtain approval.