Who is responsible for obtaining planning permission

However, the parties accepted, in principle, that an appropriate term should be implied into the contract to allocate the responsibility.

An application for planning permission may be made by anyone, whether or not the person owns an interest in the land to which the proposal relates. However, the Court of Appeal found that the employer will generally bear the responsibility of obtaining the necessary planning permission in the absence of an express term to the contrary , given that the execution of the work would otherwise be unlawful.

The Court of Appeal found it relevant that only Mr Clin knew what his whole project actually involved, and so the implied term was needed to give business efficacy to the contract. However, the court emphasised that this will not always be the case for all contracts.

The case serves as a useful reminder that it is always best to expressly allocate risk under any contract, especially if the parties require something to be done which is handled by a third party they have no control over. In the absence of express terms, the parties are left uncertain about who is responsible for the obligations and who bears the risk if the obligation is not carried out.

Uncertainty in construction leads to wasted time and money being spent on legal issues, when the focus should be getting the project completed. Embarking on pre-application engagement and consultation ahead a retrospective application being submitted.

Issues around due diligence, professional advice and allocation of risk at the start of the project now interesting challenges. Walter Lilly made an application for an extension of time for the delay caused by the failure of Mr Clin to obtain the requisite consents, and a dispute arose as to whether Walter Lilly was entitled to such an extension.

The building contract was silent as to whose responsibility it was to ensure planning consents were obtained, and where the liability fell for any delay caused or costs incurred due to the failure to obtain such consents. Was the first instance judge right that, in the absence of an express term as to who bears the responsibility for obtaining planning permission, or ensuring planning permission is obtained, a term should be implied placing responsibility with Mr Clin, as the employer?

A term shall be implied only if it is strictly necessary in order to give effect to the contract. The Court concluded that, whilst it is not law that a term must be implied into the contract to place responsibility for planning and other consents with the employer, the employer will generally bear the responsibility of obtaining planning permission, or ensuring the same is obtained, otherwise the works would be unlawful.

They will also consider how your proposal fits in with their own local development plans. To decide this, local planners will usually look at these key factors. This guide , from Richmond Council in London, includes a list of the most common reasons planning applications are rejected.

If your application is refused, you should first try to find a compromise with the local planning authority, by adjusting your plans to take any feedback or recommendations from them into account. This is the government guidance around how and when you can appeal. It's subjective.

You are mostly at the mercy of the planners. If they don't agree with your proposal, it will be refused - even if you feel that you've met the criteria set out in their design guidelines and can demonstrate that there are similar developments within your immediate area.

It's piecemeal. Most local planning departments are over-burdened and don't have the time to provide you with adequate pre-planning advice. High turnover of staff we have a national shortage of qualified planners creates major problems, especially if your planning officer leaves mid-way through the application process. It's emotional. Keeping neighbours up to date in person is a great way of minimising written objections to your application.

There is nothing neighbours hate more than first hearing about your development plans from the council. This is often more down to concerns about noisy builders than the aesthetic merits of your proposal. Home Project advice Planning permission. Planning permission Reading time: 5 minutes. What is planning permission? What sort of projects need planning permission? Mask Related reading Permitted development Many people seek planning permission not knowing that an often lengthy planning process could be avoided through permitted development rights.