Pre-apps are helpful, when done right
Councils have been promoting their pre-application advice services in recent years because they can now charge for them. Planning application fees are set nationally and do not cover the full cost of running most planning departments, so pre-application fees have become a useful source of income.
Some councils, especially in London, now charge very high fees for a service that was formerly free. To be fair, when pre-application advice was free, applicants often waited months for comments. Now that the process is more commercialised, the service is usually more structured and sometimes more responsive.
At Just Planning, we have often been sceptical about pre-applications. A good planning consultant should already understand the relevant policies and should have a general idea of how the council is likely to assess a proposal. That part of the pre-application response should not be particularly enlightening.
The real value of a pre-application is not in finding out what the planning policies say. It is in testing the more difficult parts of a proposal before a formal planning application is submitted.
Most proposals have some aspects that are finely balanced. They may not fully comply with policy, but there may be a good planning argument in support of them. The point of a pre-application is to find out how the council is likely to react, what changes may be needed and what evidence will be required.
The problems with pre-application advice
There are several problems with pre-application advice.
First, you have to pay for it. In some boroughs, the cost of pre-application advice can be more than the planning application fee itself.
Second, it takes time. Most minor and householder planning applications have a target determination period of 8 weeks. There is no equivalent statutory deadline for pre-application advice. Some councils are reasonably quick, but others can take months.
The last time we submitted a pre-application on a simple householder project, we waited four months for a response. By submitting a planning application instead, the client would have saved time and avoided a large pre-application fee.
Third, the advice is not binding. A case officer may give positive advice, only for a senior officer, consultee or planning committee to take a different view later. Equally, a negative pre-application response does not necessarily mean that planning permission cannot be obtained.
Fourth, a pre-application does not force the council to make a decision. A formal planning application requires the council to assess the planning merits, weigh the issues and decide whether to grant or refuse permission. If it refuses permission, it must give reasons.
A pre-application response is different. The officer can sit on the fence. It is quite common to receive a response that sets out both sides of the argument but does not settle the issue.
The process can also produce a shopping list of concerns. There is no such thing as a perfect planning application, but a pre-application can give the council an opportunity to raise every possible issue before the proposal has even been formally assessed.
For a simple and well-considered proposal, a pre-application can sometimes open a can of worms.
So are pre-apps pointless?
Not always.
A pre-application can be useful where the proposal is complicated, sensitive or finely balanced. It can help identify the council’s main concerns before the application is made public. It can also help establish what drawings, reports and supporting information will be needed with the application.
Pre-application advice may be worth considering for:
- development in a conservation area;
- works to a listed building;
- extensions or new buildings in the Green Belt;
- conversion of a building into flats;
- HMO proposals;
- backland or infill development;
- schemes with difficult design issues;
- schemes involving parking, highways or access concerns;
- proposals likely to raise daylight, outlook or neighbour amenity issues;
- cases where you are asking the council to accept an exception to its normal policy approach.
For larger schemes and difficult sites, the pre-application process can be a useful way of narrowing the issues before the formal application is submitted.
For simple extensions and other minor works, it is often less useful. In many cases, it may be better to get proper planning advice and submit a strong planning application.
Garbage in, garbage out
A pre-application submission is only as good as the information submitted with it.
The council will not simply look at a site and tell you what you can build. It can only respond to the proposal in front of it.
If the proposal is vague, the response is likely to be vague. If the drawings are poor, the officer may not understand the scheme properly. If the planning case is not explained, the council may simply repeat its normal policy position.
This is especially important where the proposal does not neatly comply with policy.
For example, if you want a large extension in the Green Belt and you are asking the council to make an exception to its normal rules, it is unlikely to do so on the basis of a few drawings and a covering letter. You need to explain the planning case clearly. You need to identify the relevant policies, explain the site-specific circumstances and set out why the proposal should be supported.
The more detailed and focused the submission, the more useful the response is likely to be.
A good pre-application submission should usually include:
- clear existing and proposed drawings;
- photographs of the site and surrounding area;
- a clear description of the proposal;
- a summary of the planning history;
- an explanation of the main planning issues;
- a planning statement setting out the case in support;
- any key technical information needed to understand the proposal.
You do not always need a full planning application pack at pre-application stage. But if you want detailed advice, you need to give the council enough information to respond properly.
Ask specific questions
A pre-application should not simply ask: “Is this acceptable?”
It is usually better to ask specific questions.
For example:
- Is the principle of development acceptable?
- Are there concerns about the scale, height or design?
- Is the proposed use acceptable in this location?
- Is the level of parking acceptable?
- Is a daylight and sunlight report required?
- Is a heritage statement required?
- Would the council consult its conservation or highways officers?
- What changes would make the proposal more acceptable?
- Are there any validation requirements that should be dealt with before submission?
Specific questions make it harder for the council to give a vague response. They also help narrow the issues for the later planning application.
Ask for a meeting if possible
Where the council offers a meeting, it is often worth taking it.
A written response can be useful, but a meeting allows you to test the officer’s concerns directly. It may become clear that an issue is a serious objection, or only a minor concern. It may also be possible to discuss design changes, supporting evidence or a different way of presenting the proposal.
A meeting can be particularly useful in cases involving design, conservation, highways or neighbour amenity.
The meeting should still be properly prepared. It is not enough to show the officer a rough idea and hope for helpful advice. You need to go into the meeting with a clear proposal, a clear understanding of the planning issues and specific questions you want answered.
It is also sensible to make sure the advice is recorded in writing. If there is a meeting, the council will usually provide written advice afterwards. It can also be useful to send the officer a short note after the meeting summarising the main points discussed, so there is a clear record.
Get specialist input where needed
Some councils will obtain internal comments from conservation officers, highways officers, tree officers, environmental health officers, drainage officers or other specialists as part of the pre-application process. Sometimes this is included in the fee. Sometimes it costs extra. Sometimes it needs to be requested separately.
This can be very useful.
A planning officer may be broadly supportive of a proposal, but the conservation officer may object. Or a proposal may be acceptable in principle, but the highways officer may raise concerns about parking, access or highway safety.
It is better to identify these issues early, before the formal application is submitted.
How to read the council’s response
A pre-application response should be taken seriously, but it should not always be treated as the final word.
Councils are often cautious. Officers may repeat the policy position without fully exploring whether an exception can be justified. They may avoid giving a firm answer on finely balanced issues. They may raise concerns that can be addressed through amended drawings or better supporting evidence.
The response needs to be interpreted carefully.
You need to identify:
- what the council has definitely objected to;
- what it is only concerned about;
- what it has not objected to;
- what further information it wants;
- whether the scheme should be amended;
- whether the proposal is still worth pursuing.
Sometimes the right answer is to revise the scheme. Sometimes the right answer is to submit a planning application anyway, but with a stronger planning statement.
What if the response is negative?
A negative pre-application response does not necessarily mean the proposal should be abandoned.
The question is whether the concerns can be answered.
If the council raises a design concern, can the design be improved? If it raises a heritage concern, can a heritage statement address the issue? If it raises a highways concern, is there parking or transport evidence that would help? If it says the proposal conflicts with policy, is there a planning argument for why permission should still be granted?
If you submit a planning application after negative pre-application advice, you should deal with the advice directly.
The planning statement should explain what concerns were raised, what changes have been made and why any remaining concerns should not justify refusal.
It is also useful to highlight any matters that are not in dispute. If the council accepted the principle of development, or did not object to highways, design or neighbour amenity, those points should be made clear.
This helps narrow the issues. It also helps if the application later goes to appeal.
What if the response is positive?
A positive pre-application response is helpful, but it is not a guarantee of planning permission.
The council may receive objections. A consultee may raise a concern. A different officer may take a different view. The application may be referred to planning committee.
The planning application should still be carefully prepared. It should explain how the proposal responds to the pre-application advice and should highlight the points where the council has already indicated support.
Should you make a pre-application?
There is no single answer.
For some proposals, a pre-application is likely to be a waste of time and money. For others, it can be a useful way of reducing risk and improving the eventual application.
The key is to decide in advance what you are trying to achieve.
A pre-application should not be an entirely speculative enquiry. You should already have a sense of the relevant policies, the likely objections and the planning case in support of the proposal.
A good pre-application does not just ask the council what it thinks. It presents the proposal properly, anticipates the issues and tries to shape the council’s response.
How Just Planning can help
Just Planning can advise whether a pre-application is worth making in the first place.
Where it is worth doing, we can prepare the submission, including a planning statement that explains the proposal and deals with the main planning issues in advance. We can also help frame the right questions for the council, request input from conservation, highways or other specialist officers where appropriate, and attend meetings with the case officer.
We can also help interpret the council’s response. Sometimes a negative response is not as bad as it first appears. Sometimes a positive response still leaves important risks. Sometimes the best option is to amend the proposal. Sometimes it is better to proceed with a planning application and address the council’s concerns directly.
