Permission In Principle.
Permission in Principle (PiP) is an alternative to the traditional method of obtaining outline or full planning permission to develop land.
We also advise in relation to the Permission in Principle (PiP) process. PiP is an alternative to the traditional method of obtaining outline or full planning permission to develop land. PiP is granted in the following ways:
- Where a Local Planning Authority decides to enter previously developed land on to Part 2 of its Brownfield Land Register; and
- Where an application for PiP has been made by a landowner/developer in relation to a specific piece of land.
It will also be possible (once the secondary legislation has been introduced) to obtain PiP via the site allocation process in a local development plan or neighbourhood plan.
Permission in Principle (PiP)
Applications by landowners/developers for PiP can be made from 1 June 2018, and can be made for developments which are ‘mainly’ for housing, and which comprise no more than 9 dwellings, have less than 1,000 sq.m of commercial space, and are on a site of less than 1 hectare.
The application process offers those who are ‘taking a chance’ on smaller sites a cheaper way of establishing whether the principle of development on the site is acceptable, when compared to making a conventional application for outline or full permission. The process will also be quicker; Local Planning Authorities will have 5 weeks to determine an application for PiP, compared to 8 weeks for a conventional application. If they do not meet the deadline (and no extension of time is agreed), the landowner/developer can appeal to the Secretary of State. An appeal can also be lodged if an application for PiP is refused.
When PiP is granted it must be followed by an application for Technical Details Consent, which covers the more detailed aspects of the scheme. An application for Technical Details Consent must be determined within 5 years of the land being entered in the Brownfield Land Register, or within 3 years of a Local Planning Authority granting PiP.
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The Permission in Principle process allows for consent to be granted for housing led developments without the need for planning permission. Permission in Principle can either be granted by a local planning authority on receipt of an application, or by them entering the site on Part 2 of their Brownfield Land Register.
Permission in Principle is a 2 stage process. Stage 1 establishes whether or not the application is suitable in ‘principle’, and is followed by stage 2, when the ‘technical’ details are assessed and approved.
At the first ‘in principle’ stage, the Local Planning Authority may only consider location, land use and amount of development and issues that are relevant to those ‘in principle’ matters. Other matters should be considered at the technical details consent stage, which has the effect of granting planning permission for the development. The details must be in accordance with the permission in principle that has been granted.
Where permission in principle is granted by application, the default duration of that permission is 3 years. Where permission in principle is granted through allocation on a Brownfield Land Register, the default duration of that permission is 5 years. If the local planning authority considers it appropriate on planning grounds they may shorten or extend these periods, but should clearly give their justification for doing so.
Permission in Principle can be granted for other types of development (e.g. retail or office space); however, the majority of the development floorspace must be for residential development.
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