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How Pre-Application Advice Relates to the Formal Planning Application
A common misconception is that positive pre-application advice from a planning officer is equivalent to planning permission, or that it binds the LPA to approve the formal application. Neither is true โ but the relationship between pre-application advice and the formal determination is nuanced.
How pre-application advice helps the formal application: A well-conducted pre-application process improves the formal application in the following ways:
The applicant can revise the scheme to address the officer's preliminary concerns before formal submission, reducing the risk of conditions, refusal reasons, or requests for further information during the formal determination period.
The officer who provided the pre-application advice may be (but is not always) the officer who determines the formal application. Where this is the same officer, the pre-application advice can create continuity and consistency in the planning assessment.
Pre-application engagement is generally viewed positively in the planning system โ the National Planning Policy Framework (NPPF) and the London Plan both encourage pre-application engagement as a way of improving the quality and efficiency of the planning process. Some officers will note in their decision notice that pre-application discussions took place.
Limitations โ what pre-application advice cannot do: Pre-application advice cannot guarantee planning permission. The formal application is determined by the decision-maker (usually a delegated planning officer, or in some cases the planning committee), who must apply the relevant planning policies at the time of determination. If planning policy changes between the pre-application discussion and the formal determination (for example, if the borough adopts a new Local Plan with stricter design policies), the formal application will be determined against the new policy.
Pre-application advice is an officer's preliminary opinion, not a committee decision. For larger or more controversial schemes, the planning committee (elected councillors) determines the application, and they are not bound by the officer's preliminary pre-application views.
The site and its context are not fixed. If a neighbouring property submits an extension proposal that changes the context of your proposal between the pre-application and formal submission, the planning assessment may change.
Practical advice: After receiving positive pre-application advice, document the advice and the scheme that was discussed clearly, and ensure the formal application accurately represents the scheme discussed in the pre-application. Avoid making material changes to the scheme between the pre-application and formal submission without either seeking updated pre-application advice or explaining the changes in the application documentation.
Pre-Application Advice for Heritage and Conservation Area Properties
London has over 1,000 conservation areas (more than any other UK city), and a significant proportion of London's residential building stock is either listed, locally listed, or located in a conservation area. For these properties, pre-application advice is almost always worthwhile before any significant works.
Why heritage pre-application advice is particularly valuable: Heritage and conservation area planning assessments involve subjective judgments about the impact of proposed works on the character and appearance of a conservation area or the significance of a listed building. These judgments are made by specialists โ the LPA's heritage officer or conservation officer โ and can be difficult to predict without specialist input. Pre-application advice gives the applicant direct access to the conservation officer's views before the scheme is finalised.
What the heritage pre-application process looks like: For works to a listed building, or significant works in a conservation area, the pre-application discussion typically involves: the planning officer; the conservation/heritage officer; and sometimes the design review officer or a design panel. The response will address: the significance of the heritage asset and its setting; the impact of the proposed works on that significance; whether listed building consent (in addition to planning permission) is required; what design changes might bring the scheme into compliance with heritage policy; and what additional heritage documentation (heritage statement, significance assessment, heritage impact assessment) would be required with the formal application.
Typical heritage pre-application cost: Heritage pre-application advice involving a meeting with the conservation officer typically costs ยฃ500โยฃ2,000 in a London borough, depending on the complexity of the scheme and the heritage significance of the asset. For a listed building alteration project, this cost is usually modest relative to the total project cost and the risk of a refusal or enforcement action for works that did not receive listed building consent.
Practical tip: Before requesting heritage pre-application advice, commission a brief heritage significance assessment from a heritage consultant or qualified architect with heritage experience. A scheme that demonstrates understanding of the heritage significance of the asset and explains how the proposed works preserve or enhance that significance is much more likely to receive constructive pre-application advice than a scheme that does not engage with the heritage context at all.
Alternatives to Formal Pre-Application Advice
For simpler household projects, there are alternatives to the formal borough pre-application advice service that can provide useful planning guidance at lower cost and with faster turnaround.
Permitted development confirmation (Lawful Development Certificate): Where a project is intended to fall within permitted development (a rear extension within the specific size limits, a loft conversion using permitted development rights, a conservatory), the applicant can apply for a Lawful Development Certificate (LDC) โ either a Lawful Development Certificate for Proposed Use or Development (LDCP). An LDC is a formal legal determination by the LPA that the proposed development is lawful (i.e., does not require planning permission). An LDC provides greater certainty than permitted development alone (it is a legal document that can be registered against the title and reassures mortgage lenders and future purchasers) but is not a planning permission. An LDC costs approximately half the planning application fee for a similar development.
Planning consultant or architect's preliminary advice: A qualified planning consultant or architect experienced in the relevant London borough can provide preliminary planning advice based on their knowledge of the borough's planning policies and recent decisions, without a formal pre-application request. This can be faster (days rather than weeks) and cheaper (ยฃ200โยฃ500 for a brief written opinion on a straightforward case) than a formal borough pre-application, but it is the professional's opinion rather than the planning officer's opinion.
Checking appeal decisions and local planning history: The Planning Portal (planning.data.gov.uk) and the individual borough planning portals provide access to planning decisions and appeal decisions for sites in London. A review of recent planning decisions and appeal decisions for similar properties in the same street or conservation area can give a strong indication of the likely planning outcome for a new proposal, without any formal pre-application interaction.
Community and parish consultation: Some London conservation area advisory committees (CAACs) and amenity societies (the Victorian Society, the Georgian Group, the Twentieth Century Society) offer free or low-cost pre-application reviews of schemes in their area of interest. A letter of support from the relevant amenity society can be useful supporting documentation in a heritage-sensitive planning application.
Frequently Asked Questions
Is pre-application advice confidential?โผ
How long does pre-application advice take in London?โผ
If the pre-application officer says my scheme is unlikely to be approved, should I still apply?โผ
Important Note
This guide is for general information only. Building regulations, planning rules, and legal requirements change regularly and vary by local authority. Always seek professional advice specific to your project and location. rcbGroup offers free initial consultations โ book your free survey.
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