Planning laws in England – what you need to know when you are selling land

In our new series of blogs, we’re looking at land acquisition and how we go about developing projects, from start to finish. We’ve already looked at buying the land, now we need to decide what to do with it.

We are often looking for sites to suit our specific needs. We have a certain acreage in mind, or can see the potential a site has for a specific type of development which would suit our approach. We carry out small and medium-sized developments, often in rural areas, so already have a concept of what makes our ideal buy. But rural areas sometimes have complicated and stringent protections on what is and isn’t permitted. 

Planning ahead!

Planning permissions have existed in the UK since just after the Second World War. Planning title was automatically granted for all preexisting buildings and uses by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new development has had to gain planning permission.

Some land is sold with planning permission or outline consent already attached, but in most cases, you have to submit proposals and plans to the local planning authority (LPA) for approval.

What are the different types of planning permission?

There are a number of different types of planning permission that can be applied for. These include full planning permission, outline planning permission or a hybrid of both. We have an in-house design team that designs our projects and we know what works and what doesn’t – both for our clients and for planning submissions.

Size and style are major factors in terms of what is permitted to be built. Local knowledge is key. We have a great deal of experience of the heritage and architecture of this area’s properties. We also ensure that local materials are utilised in a project’s construction, to reflect local style.

The LPA will look at the suitability of a property or development – is it in keeping with area? Is the area protected or a conservation area? It’s also useful to identify a local need when outlining what you’re proposing.

Anyone directly affected by the development can submit letters of opposition. In some cases, there will be ‘not in my back yard’ or NIMBY resistance to contend with – local people who may object to new developments and the changes they will bring to their own areas. Many of these factors – proximity to neighbours, accessibility, appeal – define what we look for in a potential site.

Proposed planning reforms – how have they been received?

The new government mapped out its plans for planning reform, almost as soon as it entered office in July 2024. The reforms include an increase in housebuilding in general and the relaxing of strict measures that protect ‘greenfield’ or ‘greenbelt’ from development – and also the introduction of new definitions, such as ‘greyfield’. It’s interesting to see how they have been received by the general public.

A clear majority of the public are generally in favour of an increase in housebuilding in the UK in principle. 62% supported the policy when it was announced. Those opposing it accounted for 29%. As to be expected, support is strongest with younger people, with 71% supporting the need for more housebuilding.

It can be a different story however when you factor in exact locations. Support for housebuilding drops to just 52% when people are questioned about their own local area, with opposition rising to 41%. Strong opposition to development rises from 10% to 21% – the NIMBY attitude clearly becoming a factor here.

One way of ensuring opposition is discouraged is for local councils to be set housebuilding targets they must meet. This would provide clearly-defined parameters for councils and give developers a clearer idea of the chances of their proposals being passed.

We are looking forward to understanding any changes to the National Planning Policy Framework (NPPF) that the new government will bring, we all are aware of the need for more housing. However, new development has to come to areas that can sustain new housing in terms of demand, as well as local infrastructure.

We build houses where we live, socialise and work.

As a local company, we build where we live, socialise and work. This means it is hugely important to us to work with local communities and parish councils for any new development to ensure that it meets their requirements, provides positive growth and ultimately is an asset to our community. 

Planning appeals process

When we submit plans for how we’d like to develop the land, they are examined by the LPA, which makes decisions on planning applications. If for any reason the planning application is turned down, the applicant has the right to appeal.

We can submit an appeal if we are refused planning permission for reasons that we think go against the LPA’s development plan or planning policy. We have to explain our reasoning for this. And we have to include why we think they’re ‘unnecessary, unenforceable, vague, unreasonable or irrelevant’.

If you have an area of land, in Cheshire or close by, that you think might be suitable for development, please contact us today.