IS IT DEVELOPMENT AT ALL ? Some operations laid down in the Planning Acts which are not regarded as development at all, and therefore do not need planning permission. You need to be clear about this, whatever your project is.

IS THE DEVELOPMENT PERMITTED ? Even if your project is development requiring planning permission, it may be deemed to have permission under the Planning Acts i.e. to be permitted development (PD) which does not require specific planning permission. However some types of PD may not apply to you, for example if you live in a National Park or in an area subject to what are called Article 4 Directions.

PRE APPLICATION ENQUIRIES Sometimes the principle of a development can be "iffy", and a successful outcome needs great care. Correspondence with the Council on your behalf will reveal whether or not they are likely to approve an application, or what amendments are needed. It is always a good idea to do this before you spend your application fee, and to get it in writing. That way you will at least know what issues need to be addressed, and we can show you how. In a case where a direct application is likely to be refused it may be necessary to evolve an indirect strategy. I.e. a bit of guile ! It is not often realised that the Council can refuse to consider a new application within 2 years of the refusal of a "similar" application, if they think it is "repetitive". This pitfall needs to be avoided.

A PLANNING APPLICATION is needed for development which is not exempt or "permitted". However planning is never as simple as it seems, and one proposal may conflict with another; having a strategy for what you want to achieve is always a good idea. You can easily end up spending a lot of money to extricate yourself from a situation which would have been avoidable with a bit of forethought. If your project is straightforward and doesn't need our help we shall say so.

The law requires that all applications are determined in accordance with the development plan, unless there are good reasons for going against it. So the onus is on you to demonstrate that you have considered the plan. All but the most straightforward applications need to be accompanied by an explanatory memorandum, which can be cited if you are refused and have to go to appeal. Such a memorandum should demonstrate that you have read the development plan, and can cite policy support in it for your project. If the Council can be shown to have ignored the application memorandum, they may be liable for your appeal costs.

FEES Some applications don't require a fee, and some fees can be complicated to work out. It is always worth checking with us if you don't want to pay too much.

REFUSAL ? Bear in mind that a free application can usually be made following a refusal (or a conditional consent, if you don't like the conditions). It is sound tactics to try again, in an effort to meet any objections before going to appeal.

PLANNING APPEALS are an option where the Council have refused your application, though this is less likely to happen if we submit the application for you. Simple appeals are dealt with by what are called Written Representations i.e. an exchange of correspondence, with the Inspector visiting the site. However if you need to put your case in person or ask for costs then a Hearing can usually be arranged. Occasionally cross examination of witnesses is necessary, and a local public inquiry is held. At Hearings or Inquiries your case should be professionally presented and we will act as your advocate. Only at Hearings or Inquiries can you ask for the costs of your appeal to be awarded against the Council, but bear in mind that they can do the same.

COSTS Costs can be awarded at a hearing or inquiry, provided you make your claim at the right juncture in the proceedings. You may claim for the appeal costs in total. It can be a dangerous game applying for costs, because the LPA may make a counter-claim. The grounds of a cost application need to be carefully stated. You need to be ready to rebut the LPA claim.

PURCHASE NOTICES If you have had a proposal refused, and dismissed on appeal, you have the right to serve a notice on the local authority that they must purchase the land, particularly where you have lost all "beneficial use".

VARYING PLANNING PERMISSIONS Planning consents are always subject to conditions. If you find a particular condition onerous or unreasonable you can apply to get it varied or even removed; and if the Council refuse it you may appeal. For example occupancy conditions are usually imposed on farm dwellings, and you may be unable to sell such a dwelling at a reasonable price despite the fact that it is no longer needed for an agricultural worker. Very complex rules operate to ensure such applications are genuinely needed, and many applications are refused because the evidence is missing or wrongly presented. Another example is where the renewal of an outline consent is needed because a time limit is about to expire. Take care, for there are many reasons why the Council can refuse to renew. Such cases always need professional help.

LISTED BUILDING CONSENT is required for any alterations inside as well as outside a listed building. Planning consent is usually needed as well. Such applications need to be prepared with great care, taking account of Welsh Office planning guidance, and we can prepare such applications. We can also negotiate with English Heritage/Cadw: Welsh Historic Monuments for a grant, or explain the likelihood of getting a grant.

OBJECTIONS to a neighbours planning application which will adversely affect your property need to be carefully worded too. The first you often hear about such proposals is either by a letter from the Council or (more usually) by a site notice (which often disappears). You ignore these warnings at your peril, because if they affect your property you must write and object within a certain time. So call at the Council offices, and (quoting the planning reference) ask to see the application and decide whether you need to object. There are pitfalls: an objection can only be based on what are called "material considerations"; for example the value of your property is not such a consideration, so you must think of other reasons that are valid. We will able to help you make a valid objection based on all the relevant considerations. Many people are reluctant to object to a planning application by someone else, perhaps a neighbour, fear of upsetting the applicant. Remember that objections made by WESTERN PLANNING can be made anonymously; we are not obliged to disclose to anyone who our Client is.

ENFORCEMENT proceedings can be taken by the Council against someone who has contravened the planning regulations by carrying out unauthorised development. People often don't realise they need permission for buildings, for changing the use of land or existing buildings, until they receive a letter from the Council, or a Planning Contravention Notice asking for information. Breach of Condition Notices are also served where a development has not proceeded exactly as per the drawings. In an extreme case you will receive an Enforcement Notice, when you will certainly need professional help. In such cases you need to be very careful what you say or write to the Council as it may be used against you. Most breaches of planning control are immune from enforcement action after 10 years (but some after only 4 years), but the evidence to support such a contention can be difficult to obtain. We can help.

LAWFUL DEVELOPMENT CERTIFICATES (LDC) are issued for unauthorised development which (for various reasons) has become immune from enforcement proceedings. An LDC is like a retrospective planning consent, and can be essential in some circumstances. An LDC can also be obtained for work you intend to do and which you think is permitted development; in such cases an LDC provides certainty that you will not be challenged.

CONVERSION of outbuildings can often generate useful additional income, provided planning consent is competently secured. But the rules are becoming increasingly complex, particularly where you need to extend the building. Residential conversions need special justification. Consult us if in doubt.

ADVERTISEMENTS and signs are often necessary to attract customers, but planning consent can be quite difficult to obtain, especially if you may live in an Area of Special Control. Applications need to be carefully justified in writing, and you may have to go to appeal.

DEVELOPMENT PLANS are very important, because planning decisions are required by law to be in accordance with the development plan, unless there are good reasons not to do so. Every local planning authority has either adopted local plans or these are at an advanced stage. Unitary Development Plans are under preparation and will replace existing development plans by the year 2000.

So whatever your application, the onus is on you to see how your proposal fits in with the policies and settlement limits in the Plan. You may also be concerned to include a piece of land within a settlement which was previously excluded. Such representations benefit from professional handling at development plan inquiries. It is not uncommon for organisations, such as community councils, residents associations or private developers to retain our services to promote changes of policy and land allocation, and to oppose them too!

ENVIRONMENTAL ASSESSMENT can be required if a development exceeds certain threshold sizes, or even if a planning officer thinks it necessary. An environmental impact assessment (or EIA) can be very expensive indeed (£10,000 plus) and greatly add to application costs without any certainty of approval. So any scheme in a sensitive area needs a strategy if it is not to become prohibitively expensive. Only someone with specialist planning knowledge can guide you through the regulations, which are about to change yet again.

LAND RIGHTS Public and private rights of way, ownership and access to disputed land can be contentious, and expensive to defend through solicitors or surveyors. We can establish the facts of such disputes and act on your behalf e.g. to apply Cautions to land, etc. We can apply to divert or stop up public rights of way.

PRIOR TO PURCHASE As part of the conveyancing process, solicitors will send search forms to the local council, to make sure there are no roads or other public rights of way, or other planning decisions, Cautions etc. which may affect the value of the property conveyed. But such searches often fail to turn up recent or pending decisions on nearby land and fail to discover proposals in the development plan which have implications for your proposed purchase. They can also fail to turn up any decision which has not yet been notified to the Council, and this includes road improvement schemes. Failure to find such facts out can be very expensive to put right, and sometimes nothing can be done. We therefore advise anyone who is thinking about buying a property to carry out simple searches before committing themselves. We can carry out discreet searches for prospective purchasers, produced as a written report, from £100. We check the planning status of the property, make a risk assessment of adverse planning applications (from neighbours) being made, and in some cases take steps to prevent it happening. We can also undertake entirely discreet Land Registry searches to ascertain the scope of existing titles, rights of way, etc. when it might be embarrassing to ask direct questions (even if you believe the answers).

Finally: Is it worth employing a consultant, or can you do these things yourself ? Well, weigh up what an application costs, and ask yourself what failure can mean to you financially. You wouldn't be thinking about planning unless considerable financial benefits were in prospect from your investment. Can you afford to spoil the ship ... ?