The business plan has been inked, the finance put in place, and you've found the right property. And then comes the planning debacle.
Getting planning permission has been the bane of many an operator's life as well as the cause of many a delayed project, and some local authorities have become notorious for their rigorous approach.
One obvious way of avoiding the situation is to move into a site that requires no changes, but in the real world that is not always possible. Thankfully, there are ways to help ensure that planning officers and committees view your project in a favourable light, such as faithfully restoring an old building or providing new jobs.
If you are considering changing the use of the property, as long as you stick to the same use category - such as changing a pub into a restaurant, both classified as A3 use - you don't need planning permission.
If you do require planning permission, the important thing is to do your homework and consult the planning office as early as possible to identify any potential pitfalls.
You may find the property is subject to an enforcement notice, placing restrictions on what you can do. In this case it may be better just to cut your losses and run, hence the need to not get too attached to the property. At the very least you should seek professional advice.
Check list- Consider meeting planning officials for a pre-application discussion.
- Consult the local authority's Unitary Development Plan to see if it contains anything that would bar your plans, like a block on granting new licences.
- Study the history of your site and find out if planning permission has been refused in the past.
- Where planning permission has been granted but lapsed, don't assume it will automatically be granted again.
- Find out if the property is subject to an enforcement notice, listed, or within a conservation area.
Produced in association with business law firm Eversheds (
www.eversheds.com)