WHAT IS PERMISSION IN PRINCIPLE?
A simpler way to establish whether housing development is acceptable in principle
Permission in Principle (PiP) is a planning route in England that can be used to establish whether certain housing-led development is acceptable in principle, before the detailed design and technical aspects of the development are considered.
Rather than preparing a complete detailed planning application at the outset, Permission in Principle separates the planning process into two stages.
Stage 1 — Permission in Principle
This considers the fundamental principle of development.
Stage 2 — Technical Details Consent
This considers the detailed design and technical matters required before the development can proceed.
The government describes PiP as an alternative route for obtaining planning permission for housing-led development, separating matters of principle from the technical detail. GOV.UK
For the right site, this can provide a useful way of establishing greater planning certainty before committing substantial money to detailed architectural and technical work.
WHAT DOES PERMISSION IN PRINCIPLE ESTABLISH?
The scope of Permission in Principle is deliberately limited.
At the PiP stage, the local planning authority considers three fundamental matters:
Location
Land use
Amount of development
Other detailed matters are generally considered later through the Technical Details Consent stage. GOV.UK
This distinction is important.
A PiP application is not intended to determine exactly what the houses will look like, where every window will be positioned or precisely how every technical issue will be resolved.
Instead, it asks a more fundamental question:
Is this site suitable in principle for the proposed amount of housing-led development?
WHAT IS TECHNICAL DETAILS CONSENT?
Permission in Principle is only the first stage.
Before development can proceed, a further application must be made for Technical Details Consent, commonly abbreviated to TDC.
This is where the detailed development proposal is considered.
Depending on the site, this could involve matters such as:
Layout
Architecture and design
Access
Parking
Landscaping
Drainage
Ecology
Trees
Neighbouring amenity
Other relevant technical considerations
Technical Details Consent must be consistent with the Permission in Principle that has been granted.
Once Technical Details Consent is granted, the combined effect is that planning permission exists for the development.
WHAT TYPES OF DEVELOPMENT CAN USE PERMISSION IN PRINCIPLE?
Permission in Principle is principally a route for housing-led development in England.
Non-residential development can form part of a PiP proposal where housing remains the majority of the overall floorspace and the other uses are compatible with the residential development. GOV.UK
For an application directly seeking PiP, the route is for minor housing-led development rather than major development. Government planning statistics continue to identify application-based PiP decisions specifically as minor housing-led development. GOV.UK
This means the route can be particularly relevant to smaller residential development opportunities.
CAN I USE PERMISSION IN PRINCIPLE FOR A SINGLE HOUSE?
Potentially, yes.
A small site capable of accommodating one new dwelling may potentially be suitable for an application for Permission in Principle, provided the proposal falls within the relevant requirements.
This can make PiP particularly interesting for sites such as:
Small residential plots
Garden land
Infill sites
Village-edge sites
Paddocks
Small parcels of agricultural land
Other land being considered for limited residential development
However, eligibility for the process does not mean the development itself will necessarily be acceptable.
The planning authority still needs to determine whether the location, proposed residential use and amount of development are acceptable in planning terms.
CAN I USE PERMISSION IN PRINCIPLE FOR SEVERAL HOUSES?
Potentially, provided the application remains within the scope of development eligible for the application-based PiP route.
The amount of development is one of the matters determined at PiP stage.
An application might therefore seek to establish the principle of a range of development rather than fix every aspect of the eventual scheme.
For example, the planning question might effectively become whether the site is suitable in principle for a limited number of new homes.
The detailed arrangement of those homes would then need to be addressed at the Technical Details Consent stage.
DO I NEED DETAILED ARCHITECTURAL DRAWINGS FOR PERMISSION IN PRINCIPLE?
The PiP stage is intentionally focused on the principle of development rather than detailed design.
This means the information requirements are different from those associated with a detailed planning application.
That can make the process useful where a landowner wants to establish whether residential development is acceptable before investing in a fully developed architectural scheme.
However, this does not mean that no design thinking should take place.
Before applying, it can still be extremely useful to understand:
Whether the proposed number of homes can physically fit
Whether suitable access appears achievable
Whether obvious constraints exist
Whether the eventual development could realistically be designed
There is little commercial benefit in establishing the principle of a particular amount of development if it later proves extremely difficult to produce an acceptable detailed scheme.
HOW LONG DOES A PERMISSION IN PRINCIPLE APPLICATION TAKE?
The statutory determination period for an application for Permission in Principle is five weeks, unless a longer period is agreed in writing with the applicant. GOV.UK
That relatively focused process can be attractive where the principal objective is to establish whether housing development is acceptable in principle.
However, the overall development programme also needs to account for the subsequent Technical Details Consent stage.
PiP should therefore not be confused with a shortcut that eliminates the detailed planning process altogether.
It separates that process into stages.
CAN CONDITIONS BE ATTACHED TO PERMISSION IN PRINCIPLE?
Conditions cannot be attached to the Permission in Principle itself.
Its terms are limited to the location, type and amount of development.
The local planning authority can, however, indicate matters it expects to be addressed when a Technical Details Consent application is prepared. GOV.UK
This reinforces the distinction between establishing the principle of development and resolving the detailed development proposal.
CAN PERMISSION IN PRINCIPLE BE REFUSED?
Yes.
Permission in Principle is not an automatic route to establishing residential development.
The planning authority still assesses whether the proposal is acceptable having regard to the development plan and other material considerations. GOV.UK
A site could therefore be refused because the authority considers the location, residential use or proposed amount of development unacceptable.
For example, the fundamental planning strategy relating to development in that location may still be contested.
PiP simplifies the matters being determined; it does not remove planning policy.
CAN I APPEAL IF PERMISSION IN PRINCIPLE IS REFUSED?
Where an application for Permission in Principle is refused, there is a right of appeal.
This differs from a situation where a council simply decides not to enter land into Part 2 of its brownfield land register, where that particular decision does not carry the same appeal right. GOV.UK
Whether an appeal is sensible will depend on the reasons for refusal and the strength of the planning case.
A refusal should therefore be analysed carefully before deciding whether to appeal, revise the strategy or pursue a different planning route.
IS PERMISSION IN PRINCIPLE CHEAPER THAN FULL PLANNING PERMISSION?
The PiP route can potentially reduce the amount of detailed work required at the first stage.
That can be commercially useful where the biggest uncertainty is whether residential development is acceptable at all.
However, it is important not to confuse lower initial expenditure with avoiding those costs entirely.
If the site progresses, Technical Details Consent will still require the detailed matters necessary to enable full planning permission to be granted, and the validation requirements for TDC are aligned with those for a full planning application. GOV.UK
The potential advantage is therefore primarily about when money is spent and when planning risk is addressed.
WHEN IS PERMISSION IN PRINCIPLE USEFUL?
PiP can be particularly useful where the key planning question is:
“Can this land be developed for housing?”
rather than:
“Is this exact architectural scheme acceptable?”
That can make it attractive for landowners who want to establish the principle of residential development before deciding whether to:
Progress the development themselves
Prepare detailed architectural proposals
Sell the land
Market it as a development opportunity
Bring in a developer
Invest in further technical work
For an uncertain site, resolving the principle first can sometimes be a proportionate way of managing planning risk.
WHEN MIGHT PERMISSION IN PRINCIPLE NOT BE THE BEST ROUTE?
PiP is not automatically the best route simply because a site is eligible.
A full application may be more appropriate where:
The development is straightforward
The detailed design is already known
Technical issues need to be resolved alongside the principle
The client wants a complete planning permission rather than a two-stage process
Detailed design is fundamental to demonstrating why development should be acceptable
Similarly, where a site's planning case depends heavily on demonstrating a particularly sensitive design solution, separating principle from detail may not provide the same strategic advantage.
The planning route should therefore respond to the specific planning risk.