11. Local Authority Planning/Permitted Development Submission
A Local Authority Planning / Permitted Development Submission is a process that property owners or developers must follow to obtain planning permission from their local planning authority for any proposed development or change to an existing property.
Permitted Development is a type of development that can be undertaken without requiring full planning permission. However, there are certain limitations and conditions that must be met to ensure that the development meets specific criteria and does not have a negative impact on the surrounding area. Some examples of permitted development include minor home improvements, certain extensions, and changes of use.
If a development does not fall under permitted development, then a planning application must be submitted to the local planning authority.
11.1. Where the client has requested Architecture North Ltd to undertake Local Authority Planning / Permitted Development Submission, the client understands that upon receipt of planning validation for this scope of works will incur the relevant local authority planning application fees, standing charges, and ordnance survey open data maps which are separate to the Architects/Consultants fees.
11.2. Should the Architecture North Ltd receive invalidation from the local authority planning department, the Architecture North Ltd will undertake the amendments at no additional cost to the client.
11.3. As a minimum the Architecture North Ltd must provide the following documents for your planning application to be valid:
11.3.1. The standard application form.
11.3.2. Most planning applications require two plans to be submitted as supporting documents:
(a). Location plan– which shows the site area and its surrounding context.
(b). Site Planis known as a block plan –which shows the proposed development in detail.
(c). An ownership certificate A, B, C, or D must be completed stating the ownership of the property.
(d). Agricultural holdings certificate – this is required whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application.
(e). Design and access statement (if applicable to the project scale) – this should outline the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with.
(f). Fire Statement (if required)– From 1 August 2021, full planning applications involving buildings that are at least 18 metres (or 7 stories) tall and containing more than one dwelling will require a Fire Statement. There are some exemptions.
(g). The correct application fee.
11.4. The Client acknowledges that the Architecture North Ltd does not warrant:
11.4.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.4.2. That the Architecture North Ltd cannot influence nor cannot control how planning case officers, local authority planning departments,  parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.5. The client understands that all planning applications and permitted development applications are non-refundable.

Local Authority Planning/Permitted Development Extension of Time Applications.
A Local Authority Planning/Permitted Development Extension of Time Application is a request from the planning case officer. They must be agreed upon after the application has been submitted, but before the statutory period has expired.
Extension of time applications allow for an agreed path, and extra time for dealing with issues, and obstacles that emerge whilst the application is being considered.
11.6. All extension of-time applications need to be made before the statutory period has expired.
11.7. If the local authority has not requested an extension of-time application within the statutory time period, the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period as outlined within clause 11.24.
11.8. With your previous planning permission invoice from the Architecture North Ltd, they will have allocated a timeframe that accommodates the Architecture North Ltd to undertake the professional scope of services to deliver and manage your planning application. 
11.9. By authorising your planning case officer an extension of time, will incur additional fees from the Architecture North Ltd, as we would not have forecasted mitigated circumstances with your local authority.
11.10. Within your approval to authorise your extension of time application, you have agreed to your planning case officers additional time to consider the planning application
11.11. This means the Architecture North Ltd needs to allocate additional time to undertake your consultation and liaison with your planning case officer. 
11.12. Therefore, the Architecture North Ltd need to allocate additional time and resources for your project as this application is no longer running the prescribed government timeframe for planning applications. 
11.13. Should your planning case officer request amendments to your planning application, you will make an informed decision on how you would like to proceed with your application, by selecting one of the options through our client portal: https://www.architecturenorth.co.uk/clients-area/planning/update
11.14. Full details on planning application and permitted development extension of time applications fees can be found by following our disbursements: https://www.architecturenorth.co.uk/digital-contracts/disbursements
11.15. By amending your drawings within this work stage the Client understands this will raise a relevant invoice for your scope of services, under the agreed disbursement rates.
11.16. Should your planning case officer request amendments to your planning application, and you choose to withdraw your application from the Planning Portal, you will not receive a refund for this scope of services, as time and dedication is required to undertake your requests of withdrawing the application from the system.
11.17. The Client acknowledges that the Architecture North Ltd does not warrant:
11.17.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.17.2. That the Architecture North Ltd cannot influence nor cannot control how planning case officers, local authority planning departments,  parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.18. The client understands that all extension of-time applications are non-refundable.

Planning Appeals.
A local authority planning appeal is a process through which a person or the Architecture North Ltd can challenge a decision made by their local planning authority on a planning application or permitted development submission.
11.19. Clients have the right of appeal against most local authority decisions on planning permission and other planning decisions, such as advertisement consent, listed building consent, prior approval of permitted development rights, and enforcement.
11.20. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.21. It is possible that a further planning application may be submitted without charge.
11.21.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.22. The Client should give consideration to the merits of the case, and whether there are strong grounds to contest the reasons for refusal of permission, or the conditions attached to a permission, before submitting an appeal.
11.23. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.24. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.25. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.26. Where the client has requested Architecture North Ltd to undertake a planning appeal, the client understands that upon receipt of planning validation for this scope of works will incur the relevant fees, standing charges which are separate to the Architects/Consultants fees.
11.27. Appeal against refusal of the local authority must be received within 6 months of the date on the decision notice.
11.28. Should the Architecture North Ltd receive invalidation from the local authority planning department, the Architecture North Ltd will undertake the amendments at no additional cost to the client.
11.29. As a minimum the Architecture North Ltd must provide the following documents for your planning application to be valid:
11.29.1. The standard application form.
11.29.2. Most planning applications require two plans to be submitted as supporting documents:
(a). Location plan– which shows the site area and its surrounding context.
(b). Site Planis known as a block plan –which shows the proposed development in detail.
(c). An ownership certificate A, B, C, or D must be completed stating the ownership of the property.
(d). Agricultural holdings certificate – this is required whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application.
(e). Design and access statement (if applicable to the project scale) – this should outline the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with.
(f). Fire Statement (if required)– From 1 August 2021, full planning applications involving buildings that are at least 18 metres (or 7 stories) tall and containing more than one dwelling will require a Fire Statement. There are some exemptions. View government planning guidance on fire statements or access the fire statement template and guidance.
(g). The correct application fee.
11.30. The Client acknowledges that the Architecture North Ltd does not warrant:
11.30.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.30.2. That the Architecture North Ltd cannot influence nor cannot control how planning case officers, local authority planning departments,  parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.31. The client understands that all planning applications and permitted development applications are non-refundable.

Appeal Against Non-Determination.
An Appeal Against Non-Determination is a type of planning appeal in the United Kingdom that can be made by an applicant when a local planning authority has failed to make a decision on a planning application within the prescribed time limit. The time limit for a decision on a planning application is usually eight weeks for minor applications and 13 weeks for major applications.
If the local planning authority fails to make a decision within this timeframe, the applicant can appeal to the Planning Inspectorate on the grounds of non-determination. The appeal will then be considered by an independent Planning Inspector who will make a decision based on the evidence submitted by the applicant and the local planning authority.
It's important to note that an appeal against non-determination is different from an appeal against a refusal of planning permission. In the latter case, the local planning authority has made a decision to refuse permission for a development, and the applicant is appealing that decision. In an appeal against non-determination, the applicant is challenging the local planning authority's failure to make a decision on the application.
11.32. Clients have the right to appeal against non-determination applications.
11.33. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.33.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.34. For minor applications, the local planning authority has eight weeks to make a decision.
11.34.1. If the local authority have not made a decision within that timeframe, the applicant can submit an appeal against non-determination no earlier than the day after the decision should have been made.
11.34.2. The appeal must be submitted within 12 weeks of the expiry of the decision notice period.
11.35. For major applications, the local planning authority has 13 weeks to make a decision.
11.35.1. If the local authority have not made a decision within that timeframe, the applicant can submit an appeal against non-determination no earlier than the day after the decision should have been made.
11.35.2. The appeal must be submitted within 16 weeks of the expiry of the decision notice period.
11.36. If the appeal is not submitted within the timeframes, it may not be considered by the Planning Inspectorate.
11.37. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.38. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.39. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.40. Where the client has requested Architecture North Ltd to undertake an appeal against non-determination, the client understands that upon receipt of this scope of works will incur the relevant fees, standing charges which are separate from the Architects/Consultants fees.
11.41. The Client acknowledges that the Architect/Consultant does not warrant:
11.41.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.41.2. That the Architect/Consultant cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.42. The client understands that all appeals against non-determination applications are non-refundable.

Planning Inspectorate.
The Planning Inspectorate is an executive agency of the UK government that handles appeals and other planning-related matters. A Planning Inspectorate appeal is a formal process in which an individual or the Architecture North Ltd challenges a decision made by a local planning authority, such as a refusal of planning permission for a development or an enforcement notice.
The appeal is heard by an independent Planning Inspector who considers all relevant evidence and makes a decision based on planning policies and guidance. The Inspector's decision is binding and can only be challenged through judicial review in the High Court.
The Planning Inspectorate also handles other planning-related matters, such as examining and making recommendations on local plans, holding inquiries into specific planning issues, and making decisions on nationally significant infrastructure projects.
11.43. Most appeals are determined by Planning Inspectors on behalf of the Secretary of State.
11.43.1. The Secretary of State has the power to make the decision on an appeal rather than it being made by a Planning Inspector – this is referred to as a ‘recovered appeal’.
11.44. Appeals are determined on the same basis as the original application.
11.45. The decision will be made taking into account national and local policies, and the broader circumstances in place at the time of the decision.
11.46. Where any change between the original planning decision and the appeal has the potential to affect the outcome, all parties will have an opportunity to comment on the new material.
11.47. The appeal will be determined as if the application for permission had been made to the Secretary of State in the first instance.
11.48. This means that the Inspector (or the Secretary of State) will come to their own view on the merits of the application.
11.49. The Inspector (or the Secretary of State) will consider the weight to be given to the relevant planning considerations and come to a decision to allow or refuse the appeal. As Inspectors (or the Secretary of State) are making the decision as if for the first time, they may refuse the application on different grounds to the local planning authority.
11.50. Where an appeal is made against the grant of permission with conditions, the Inspector (or the Secretary of State) will make a decision in regard to both the granting of the permission and the imposition of conditions.
11.51. Clients have the right to appeal local authority applications.
11.52. Before making any appeal the party seeking permission should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain permission.
11.52.1. However, this will depend on the circumstances of each case, so parties should ask the local planning authority for further details.
11.52.2. The appeal must be submitted within 6 months of the expiry of the decision notice period.
11.53. If the appeal is not submitted within the timeframes, it will not be considered by the Planning Inspectorate.
11.54. Parties who pursue an appeal unreasonably without sound grounds for appeal may have an award of costs made against them.
(a). An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State’s or Inspector’s decision is reached.
(b). The costs order states the broad extent of the expense the party can recover from the party against whom the award is made.
(c). It does not determine the actual amount.
11.55. If the local planning authority does not make a decision on the application within the deadline the Client has the right to appeal if the local planning authority does not make a decision within the statutory time period.
11.56. Clients should first consider engaging with the local planning authority to establish when an application might be decided, before deciding whether to appeal against non-determination.
11.57. Where the client has requested Architecture North Ltd to undertake an appeal against non-determination, the client understands that upon receipt of this scope of works will incur the relevant fees, standing charges which are separate from the Architects/Consultants fees.
11.58. The Client acknowledges that the Architecture North Ltd does not warrant:
11.58.1. That planning permission and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.58.2. That the Architecture North Ltd cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.59. The client understands that all planning inspectorate applications are non-refundable.

Discharge of Planning Conditions
A Discharge of Planning Conditions is a process in the UK that allows a developer to request that specific planning conditions attached to a planning permission be discharged or deemed to have been discharged. Planning conditions are conditions attached to a planning permission that must be met before the development can proceed. They can cover a range of issues, such as landscaping, materials, access, and drainage.
Once a planning permission has been granted, the client must submit a formal application to the local planning authority to discharge each of the conditions attached to the planning permission before the development can proceed. The application must include details of how the condition has been or will be discharged, and any necessary supporting documentation.
The local planning authority will consider the application and will either grant or refuse the request for discharge. If the request is granted, the condition is considered to have been discharged, and the contractor can proceed with the relevant aspects of the development. If the request is refused, the contract must comply with the original planning condition before proceeding with the development.
Discharge of planning conditions is a separate process from applying for planning permission or submitting a building regulations application. It is important for contracts to comply with planning conditions, as failure to do so can result in enforcement action being taken by the local planning authority.
11.60. The Client shall engage the services of the Architecture North Ltd to provide the discharge of planning conditions as set out within the decision notice approval.
11.61. The architect will ensure that the design complies with the relevant discharge of planning conditions as outlined within the decision notice approval.
11.62. The Client shall promptly sign off the Client Approval Discharge of Planning Conditions Sign-Off Form presented by the Architecture North Ltd indicating approval of the work performed.
11.63. The Architecture North Ltd shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
11.64. The Client understands this will raise a relevant invoice for your scope of services, under the agreed disbursement rates.
11.65. Due to the nature of the discharge of planning conditions, they will be treated as revision requests within your scope of works.
11.66. Full details on our disbursements fees can be found by following our disbursements link: https://www.architecturenorth.co.uk/digital-contracts/disbursements
11.67. Where the Architecture North Ltd cannot undertake the scope of works due to it not being within their professional scope of services, Architecture North Ltd will undertake a tender fee for the scope of works or services in connection with the Project.
11.68. Where the Architecture North Ltd is instructed by the Client to invite a tender or tenders for work or services in connection with the Project but no tender is submitted or accepted, the Architecture North Ltd shall be entitled to fees due up to and including the receipt of tenders based on the construction work or that part of it relating to the Services current at the date of tender.
11.69. It is the Client’s responsibility to appoint or otherwise engage any Other Client Appointments required to perform work or services under separate agreements and require them to collaborate with the Architecture North Ltd.
11.69.1. The Client shall confirm in writing to the Architecture North Ltd the work or services to be performed by any Other Client Appointments.
11.70 The Client acknowledges that they have the right to appoint third-party consultants of their choice for their Project.
11.70.1. In such cases, it shall be the sole responsibility of the Client to provide the appointed third-party consultants with any requested information or documentation
11.70.2. The Architecture North Ltd shall not be liable for any delay, deficiency, or error caused by such third-party consultants.
11.70.3. The Client acknowledges they cannot hold the Architecture North Ltd accountable for the Other Client Appointments, and not the Architecture North Ltd, responsible for the proper carrying out and completion of the work or services entrusted to them under any Other Client Appointments.
11.70.4. Not hold the Architecture North Ltd responsible for any instructions issued by the Client to the Other Client Appointments or Contractor.
11.70.5. Pay any statutory charges and any fees, expenses, and disbursements in respect of any obligations for planning, building control, and other consents.
11.71. The Client acknowledges that the Architecture North Ltd does not warrant:
11.71.1. That discharge of planning conditions and other approvals from third parties shall be granted at all or, if granted, will be granted in accordance with any anticipated timescale.
11.71.2. That the Architecture North Ltd cannot influence nor cannot control how planning case officers, local authority planning departments, parish councils, building control departments, approved inspectors, or third parties conduct themselves in relation to the project.
11.72. The client understands that all discharge of planning condition applications are non-refundable.