Planning FAQs

When is planning permission required?
What if planning permission is needed?
How do I obtain a legal document confirming that planning permission is not required?
What happens if I have carried out development without getting approval?
How do I submit a planning application?
How do I fill in a planning application form?
Can you show me a good example of plans and drawings?
How long does a planning permission last before it expires?
How can I comment on a planning application?
What if I am unhappy with a planning decision?
What actions can you take against development which has taken place without approval?
How can I view planning applications?
How do I find out about applications the Planning service is currently seeking comments on?
How do I view plans?
Where do I drop off my building samples?
What legislation affects the boundary wall / fence of my property?
My neighbour has applied for planning permission / listed building consent. How will it affect my property?
How do I find out if my property is a Conservation Area?
Are there any special controls in place in a Conservation Area?
How do I found out if a tree on or near my property is protected?
What is the difference between Nationally Listed Buildings and Locally Listed Buildings?
How do I find out more information about Listed Buildings?
Do you have information on land and building availability?
Is there a planning professional I can contact?
What hours is the Planning office open?
Can you recommend an architect / surveyor / planning consultant / solicitor / builder or tree surgeon?
What happens if my planning permission application is made invalid?

When is planning permission required?

Sometimes it is not clear whether or not planning permission is needed. The basic rule is that planning permission is needed for what planning laws call 'development' unless that development is specifically permitted.

Development involves either a change of use e.g. from a bookshop to a restaurant, or making a material change, e.g., a physical change to a house or other building.

For more information please consult our web pages, the UK Government's Planning Portal or contact the Duty Planning Officer:

What if planning permission is needed?

The Council offers a pre-application advice service that will provide more detailed and site specific guidance prior to making a formal application. Book an appointment for Pre-Application advice. For further advice please contact the Council's Pre-Application Co-ordinator.

To make an application you can either:

How do I obtain a legal document confirming that planning permission is not required?

If you think that planning permission is not required you can make an application for a lawful development certificate. Applications may relate to:

Existing or proposed uses of a building
Building works you are about to carry out
Building works that have already been carried out

It is your responsibility to supply us with all the information that will show that permission is not required.

We can agree or refuse an application for a lawful development certificate. There is a right of appeal against a refusal of a certificate.

You can download the relevant lawful development certificate applications forms. For further advice you can contact the Duty Planning Officer at the Planning Service.

What happens if I have carried out development without getting approval?

If the construction or alteration of a building or a change of use has been started without the necessary permission we will investigate and may decide to take enforcement action.

You may be required to submit an application to regularise the development, you may be required to cease or remove the development in its entirety, or you may be required to take such other lesser steps as deemed necessary to make the development acceptable.

The Council's Planning Enforcement team will provide further advice on this matter.

How do I submit a planning application?

You can submit an application online via the Planning Portal.

You can also submit an application in person or by post to the Planning Service.

How do I fill in a planning application form?

For help in filling in an application form please read the guidance notes that accompany the application forms.

Download application forms and guidance.

Please make sure you fill in the right form.

If you need further help when you are filling in the application form please contact the Duty Planning Officer at the Planning Service.

How long does a planning permission last before it expires?

A full planning permission lasts for three years unless a condition was attached when it was granted which specifies a different period.

Once permission has been implemented it lasts until the use finishes or the building is replaced. In the case of building work, permission is implemented when building work starts.

If you need clarification you should consult the Duty Planning Officer at our Planning Service reception.

How can I comment on a planning application?

You can comment on a planning application even if you haven't been formally consulted.

You can comment for or against an application or simply raise an issue while being neutral about whether you support the application or not.

If you need help on making comments on a planning application, or if you have difficulty with reading or writing, you can contact the duty planner for help.

For the planning officer to take comments into account when considering the application, the comments must be directly related to the actual application. These are known as 'material considerations'.

The kinds of comments the planning officer can consider include issues such as:

Design and layout
External appearance and materials
Access for disabled people
Loss of daylight, sunlight and privacy of neighbours
Noise nuisance
Traffic and parking issues
Loss of, or an increase in, a particular type or use of land

The kinds of comments the planning officer cannot take into account are:

Dispute over boundaries
Restrictive covenants including rights over land and rights to light
Loss of value
Matters dealt with under other legislation
Noise and inconvenience of building works
Business competition and personal circumstances

This is not a complete list. If you want to make a comment about an issue and are not sure if it is a material consideration you can contact the Planning Service.

You can make a comment online or by writing to the development control team. Please make sure you include your postal address in your comment.

Online

Find the application using the Planning Explorer
Click on the application's number
Click on 'Document' at the bottom of the screen
Click on 'Comment on Application'

Post

To our Planning Service.

We should receive your written comments within 21 days of the start of the consultation period. We will try to take into account all comments received after the 21 days if a decision has not yet been taken, but cannot guarantee it.

If you include your postal address with your comments we will send you an acknowledgement letter within three days.

If the planning application needs to be considered by the Development Control Committee, we will tell you when the meeting will be.

You can attend this meeting and, if you ask in advance, you can also speak at this meeting.

We will also let you know what decision has been made if you have made comments.

What if I am unhappy with a planning decision?

If you are not the person who put in the planning application, you do not have a right of appeal. It is therefore very important that you make your comments to us before we decide whether or not to grant permission in the first place.

If you did make comments and the planning applicant appeals against the decision we will invite you to send further comments to the planning inspector.

If you applied for planning permission and are unhappy with the decision you have the right of appeal. Please visit the Planning Appeals page for more information, or visit the Planning Inspectorate website.

What actions can you take against development which has taken place without approval?

We can take enforcement action against people who:

Have altered / built a building without first gaining planning permission
Are using a building in a way that is not lawful bearing in mind its possible use class
Have failed to comply with one or more of the conditions of their planning permission
Have done works to a tree that is protected or within a conservation area, without first gaining permission
Have erected an advertisement without first gaining permission, where such permission is required
Have allowed their building or property to fall into a state of disrepair, and this untidiness is affecting the amenity of an area

We can serve an enforcement notice that will require the use to stop or the building to be put back to its original state, or some other lesser steps as considered appropriate.

The purpose of enforcement action is not to punish people who do things without first getting permission. If planning permission would have been granted had an application been made, enforcement action cannot, by law, be taken. In such circumstances we will ask the owner to put in a retrospective planning application.

If you suspect that someone has not obtained planning permission please contact us to check or to ask us to investigate. Please fill in this form to make a Planning Enforcement complaint.

You can find more detailed information about our enforcement policy on the Planning Enforcement page.

How can I view planning applications?

You can view planning applications online via Hackney's Planning Explorer.

The site will let you search for:

New Applications
Specific Applications
Undecided Applications
Recent Decisions

How do I find out about applications the Planning service is currently seeking comments on?

Please view the Weekly List of Planning Applications currently on consultation on the Planning Consultation page.

This list is updated every Monday morning but does not comprise the Statutory Register of Applications and Decisions.

How do I view plans?

You can view plans on our website by using the Planning Explorer - as above.

Alternatively, you can make an appointment to view the plans with the Planning Service. Historical plans will not normally be in a paper format and you will typically only be able to view them on a computer.

Appointments are normally 72 hours after calling, between 9am and 5pm Monday to Friday.

Once your appointment has been confirmed, you can view plans at our Planning Service reception.

There is no cost for viewing plans.

If you need to take a copy of the plans with you a photocopy is available. The charge for using the photocopying is as follows:

20p per A4 sheet
40s per A3 sheet

The maximum number of files / plans that can be viewed in one session is 5.

Please note that associated documents for a Planning Application will normally be available within 48 hours of an application being validated. This is to allow the Council to make sure there is sufficient meaningful information for our customers.

Where do I drop off my building samples?

You can drop off building samples at the Reception at our Planning Service reception.

Please include a covering letter stating:

Your contact details
Which planning officer the building samples are for
Which site the samples are for
The application reference number that they relate to

Please note that if you are dropping off building materials in order to clear a condition of a planning permission, you will also need to complete the appropriate application form and pay the applicable fee. You can download the appropriate form and confirm the appropriate fee (click point).

Any materials provided to the Council should be picked up within 28 days of the decision on your application being issued. Please contact your case officer to arrange for collection. Any materials not picked up will be disposed of.

What legislation affects the boundary wall / fence of my property?

You may need planning permission for gates and fences. Planning applications for building works that are on a boundary will be considered in the same way as any other planning application.

We have no control over who owns boundary walls or fences - they are matters for adjoining neighbours only.

The Party Wall Etc Act 1996 aims to prevent disputes in situations where building work is proposed which affects a shared boundary wall. It sets out a formal procedure that should be followed.

If your neighbour serves a party wall notice on you, you should get advice on how to proceed from a party wall surveyor or a building engineer.

For further information see The Party Wall Act explanatory booklet (PDF)

My neighbour has applied for planning permission / listed building consent. How will it affect my property?

Your neighbour's, drawings, plans etc, can be viewed on Planning Explorer.

You can search records or check the weekly list. They are also available to view at our Planning Service reception. The drawings and plans will show whether or not your property will be affected.

If you cannot find the application on the website or you do not understand the details of the application the duty planner will give advice.

You can also comment on the planning application.

The planning service will assess the effect of the development on the locality including how it affects your property. Your comments on the application will assist in making this assessment.

How do I find out if my property is a Conservation Area?

Go to Find My Nearest or contact the Duty Planning Officer on 020 8356 8062.

Are there any special controls in place in a Conservation Area?

Yes. A conservation area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Conservation areas are very much part of the familiar and cherished local scene. It is the area as a whole rather than the specific buildings that is of special interest. Listed Buildings within Conservation Areas are also covered by the Listed Building Consent process.

Conservation areas enjoy special protection under the law. Below are some of the key requirements for works in conservation areas.

You will need Conservation Area Consent to demolish a building in a conservation area.
You must give us six weeks notice, in writing, before any work is carried out to a tree in a conservation area.
You will need to demonstrate that any development proposal preserves or enhances the character or appearance of a conservation area.
You may need to apply for planning permission for alterations or extensions that would not normally need planning permission, such as minor roof alterations, dormer windows or a satellite dish. If you are in any doubt about whether you need planning permission, please contact the duty planner on (020) 8356 8062.
Hackney also has greater control over the erection of advertisements and signs. For instance, Hackney has the power to control shop signs, posters or estate agents boards that would not normally need permission.

How do I found out if a tree on or near my property is protected?

The Council has the ability to protect trees where it is considered that they positively contribute to the amenity of an area; these are called Tree Preservation Orders. You can find out if a particular tree is protected by contacting the Council's Duty Planning Officer on 020 8356 8062.

If a particular tree is protected, no person can undertake any works to that tree without first obtaining the Council's permission.

In addition to the above, if a tree is located within a nominated Conservation Area, it is protected. To find out if you're property, and any trees on that property, are located within a Conservation Area please use the Council's public mapping program, Find My Nearest or contact the Council's Duty Planning Officer on 020 8356 8062.

For more information on undertaking works to a protected tree please visit the tree preservation orders page.

What is the difference between Nationally Listed Buildings and Locally Listed Buildings?

English Heritage is now responsible for the administration of the listing system, and requests to add buildings to the list should be made directly to English Heritage.

A 'Listed Building' is a building, object or structure that has been judged to be of national historical or architectural interest. It is included on a register called the Statutory List of Buildings of Architectural or Historic Interest, drawn up by the Department of Culture, Media and Sport. However, from 1 April 2005 English Heritage will be responsible for the administration of the listing system.

Hackney Council keep a list of buildings of local significance. Those buildings on the Local List were agreed at Committee, and are covered by Policy EQ20 of the Council's adopted UDP (PDF). The Council will take appropriate action to secure the retention and enhancement of these buildings and structures of local significance.

The inclusion of buildings of architectural quality and character or historical significance on the local list is based upon their ability to satisfy one or more of the following criteria:

Historical Interest
Architectural Interest
Environmental Significance

How do I find out more information about Listed Buildings?

You can now search our GIS system Find My Nearest to find out if your property is listed.

Listed Buildings are placed in one of three grades, which give an indication of their relative importance - grade I, grade II* or grade II. Grade I and II* Listed Buildings are a small proportion of all Listed Buildings, and are particularly important to the nation's built heritage as buildings of outstanding architectural or historic interest. Grade II Listed Buildings include the majority of Listed Buildings representing a major element in the historic quality of Hackney.

In addition to normal Planning Permission you will also need Listed Building Consent to demolish a Listed Building and for any alteration or extension which would affect its character as a building of architectural or historic interest.

For more detailed information visit the English Heritage website.

Do you have information on land and building availability?

For companies looking at potential new investment opportunities, the Council can offer a wide range of good quality sites and premises at competitive prices.

There are a number of industrial estates in the area that provide accommodation to meet almost every need and we have a wide variety of commercial premises for lease, rent or sale.

Contact Details: Property and Facilities Management Services

Is there a planning professional I can contact?

Yes, you can call or see a planning professional by contacting our Planning Service.

What hours is the Planning office open?

Our office opening hours can be found here: Planning Service.

Can you recommend an architect / surveyor / planning consultant / solicitor / builder or tree surgeon?

We cannot recommend anyone to carry out services on your property.

A recommendation from a friend or neighbour can sometimes be the most reliable way of finding a good source of technical or professional advice.

Professional bodies and societies will be able to help and useful addresses are given on the planning documents, forms and guides page.

What happens if my planning permission application is made invalid?

When submitting a planning application, you must ensure that you provide us with all necessary information so that the Council can assess the application. There are both national and local validation requirements that you must meet. You can see all of these requirements on the Council's Validation Checklists.

If your planning application is made invalid, you will be given 28 days to provide the outstanding information. We will write to you setting out what additional information you need to supply to us.

If you do not provide all of the required information within this timeframe, your application will be returned to you. The Council will keep a copy of the details of the application.

Once the application has been returned to you, any future submission of information will have to be dealt with as a new application, and the full validation requirements will once again apply.

Page updated: 20 Oct 2011