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Permission In Principle

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:

1.         Where a Local Planning Authority decides to enter previously developed land on to Part 2 of its Brownfield Land Register; and
2.         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.

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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