What is the biggest mistake property developers make when submitting planning permission?

I catch up with Andrew from Aitchison Raffety on all things planning permission!

Can you tell us a bit about your role at Aitchison Raffety?

I am a Town Planning consultant and am fully chartered with the Royal Town Planning Institute. I am responsible for providing planning advice to clients from all sectors of the development industry dealing with projects of all types, uses and scale throughout the UK.

The main core areas of planning I cover include:

a) Planning appraisals.

b) Pre-application enquiries

c) Applications

e) Enforcement

f) Local Plan representations

What are the most common planning challenges that property developers face today?

There are many unique challenges developers face, which include complexity of navigating the Governments National Planning Policy Framework (NPPF) or policies within a Council’s Development Plan. Planning is open to subjective interpretation, and understanding how policies should be correctly applied is important to the success of any development proposal.

An area which the sector is finding challenging is the recent legislative requirement for development to provide biodiversity net gains (BNG) on small sites. This presents several challenges as small sites often lack sufficient space to create or enhance habitats, making it difficult to achieve the required 10% biodiversity uplift. The BNG requirements introduced under the Environment Act 2021, also mandates developers to maintain improvements for 30 years. These requirements can increase costs which may be harder for small-scale developers to absorb, which is particularly relevant when on-site gains are not feasible as off-site credits or enhancements can be logistically and financially challenging. This creates a need to provide innovative approaches which can include green infrastructure solutions like green roofs, and living walls; through to sustainable drainage systems, wildlife corridors and native planting to support pollinators which can help small sites contribute to biodiversity goals.

As a result of these changes, local planning authorities increasingly have to source specialist staff as means to help secure the legislative requirement on development proposals, which places added pressure on securing an ecologist who should help inform an application from outset.

Have you noticed any recent changes in planning policies that developers should be aware of?

The Government announced the Planning and Infrastructure Bill in March this year. Whilst this doesn’t make any policy changes in itself, it does aim to streamline planning processes, speed up approvals, and support the construction of 1.5 million homes and major infrastructure projects. It includes measures like a national scheme of delegation for planning applications, mandatory training for planning committee members, and a nature restoration fund to pool contributions for larger environmental projects.

Government has also reformed local plans to make them simpler and faster to prepare, reducing average preparation time from seven years to two and a half years. Councils are now expected to deliver homes almost three times faster under these changes.

The revised National Planning Policy Framework saw a number of changes in December 2024, emphasising pro-growth policies, mandatory housing targets, and prioritising lower quality land for development. The Framework also introduced the consideration of “grey belt” sites which is a relatively new concept referring to areas of land that are not designated as green belt but still hold some restrictions on development. The aim is to strike a balance between preserving land with environmental or historic value and meeting housing and infrastructure needs. This concept allows for more flexibility in planning decisions, although there remains a focus on attaining sustainable development.

These changes reflect a push to address housing shortages, improve infrastructure, and importantly balance environmental considerations.

What’s the biggest mistake you see developers make when submitting planning applications?

I feel the biggest mistake a developer can make when submitting applications is not seeking professional advice from the outset. Good early advice helps ensure that the right level of information is provided in support of an application but also makes sure that the process gets off on the best possible basis with a strong case for development forming part of the application when first submitted. All too often applications can be made without sufficient information to justify the proposed works, which can result in objections which could otherwise be avoided. The lack of sufficient information is also likely to frustrate local planning authority officers particularly if they are facing heavy workloads or if an authority is under-resourced.

How can a planning consultant help smooth the process and improve the chances of approval?

A planning consultant can help assess a prospective development proposal and advise on any potential constraints to development, and how the relevant planning policies are expected to be applied. This includes advising on the scope and level of technical expertise required to support an application. The use of planning appraisals and/or pre-application enquiries can help a client gain an initial understanding of their chances of success in attaining planning permission before investing in the process further. It can also help ensure an application fully sets out the merits of the case and correctly interprets how policies should be applied. This maximises the chance of attaining planning permission and helps avoid any need to undertake an appeal.

What role does local community engagement play in securing planning permission?

Community engagement plays an important role in pursuing planning permission, and planning consultants can help a developer navigate this through the course of the determination process. Whilst the planning system is not political (planners merely interpret policy), it is politicised with many local Parish or Town Council’s, as a stakeholders, making recommendations on any given application to the respective planning officer. Similarly, should an application prove to be resisted by a community, then a developer can often find that their proposal has to be taken to a planning committee. Whilst you may find the planning officer recommends approval to the committee, it is ultimately members of the planning committee which make the decision and they reserve the right to overrule an planning officers professional advice and recommendation.

Are there any planning ‘loopholes’ or underutilised strategies that developers should know about?

Permitted Development Rights is England allow certain types of development to proceed without the need for full planning permission. This can help secure development consent by bypassing lengthy planning applications for eligible projects, such as small extensions or changes of use. They can also help provide certainty, outlining what is allowed, whilst promoting quicker project initiation and completion. However, these rights are subject to conditions and limitations, and developers must ensure compliance with local regulations. Many permitted development rights also require prior approval of the local authority, which in effect means a scheme designed to accord with the respective legislation must be screened and considered to accord with the legislation before the approval is issued.

What advice would you give to small and first-time developers trying to navigate the planning process?

Not to be afraid to reach out to and use a planning professional to support them through the development process and drive value. Whilst small and first time developers will inevitably feel controlled by financial constraint, the benefits of being well prepared and properly informed should pay dividends. For example, I was recently asked to advise on a decision notice which listed eight different reasons for refusal, This was on a site where the respective applicant had chosen not to use my services at outset but instead used only an architect with no professional planner involved. The lesson there is that going for the cheapest option does not necessarily drive value.

How do you see planning regulations evolving over the next five years?

As outlined earlier, we should see changes under the Planning and Infrastructure Bill, intended to streamline planning processes. In summary the Bill aims to help address the housing crisis, promote economic growth and support the transition to clean energy.

10. If a developer could do just one thing to maximise their chances of planning success, what would it be?

The single most impactful action a develop can take to maximise their chance of planning success is early and effective engagement with stakeholders. This includes collaborating with planning officers to understand local policies and priorities; engaging with community members to help address concerns and build support by involving the community in the planning process; and working with specialist consultants (such as a planning professional) to ensure compliance with environmental matters and constraints.

You can contact Andrew at Aitchison Raffety by visiting their website below.

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