Short answer

To get planning permission in England and Wales you submit a valid application to the local planning authority, which normally decides it within 8 weeks (13 weeks for major schemes). Permission often comes with conditions and a section 106 agreement, and many areas also charge the Community Infrastructure Levy per square metre of new floorspace.

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How does the planning application process work and what makes an application valid?

You apply to the local planning authority (LPA), usually online through the Planning Portal. The clock only starts once the application is valid. Under the national requirements summarised in GOV.UK guidance on making an application, you need:

• the completed application form
• a location plan (usually 1:1250 or 1:2500) with the site edged red, plus scaled plans and drawings
• the correct ownership certificate (A to D) and agricultural holdings declaration
• the correct fee
• a design and access statement where required, and a fire statement for certain tall residential buildings

The LPA can also require items on its local list, which must have been published or reviewed in the last two years and must be reasonable and relevant. If you think a request is unjustified, you can serve an article 12 notice under the Development Management Procedure Order 2015 asking the LPA to validate the application or explain why not.

The statutory decision periods are 8 weeks for minor and householder applications, 13 weeks for major development (10 or more homes, or 1,000 square metres or more of floorspace) and 16 weeks where an environmental impact assessment is needed. They can be extended by written agreement. Fees in England rose by 3.8% on 1 April 2026: for example £610 per new dwelling for up to 10 homes and £548 for a householder extension (see the Planning Portal fee schedule). Wales: fees are set separately by the Welsh Government, and major applications need a 28-day pre-application consultation and a consultation report before they can be validated.

When do you need a planning statement or a design and access statement?

A design and access statement (DAS) is a national requirement in England for:

• major development
• one or more new dwellings, or a building of 100 square metres or more, in a conservation area or World Heritage Site
• listed building consent applications

It explains the design principles applied, how the scheme responds to its context and how access has been dealt with. It is not needed for a change of use, engineering or mining operations, waste development or applications to vary conditions. Wales has a similar rule for major development and new dwellings or 100 square metres or more in conservation areas and World Heritage Sites.

A planning statement is not a national requirement, but most LPAs ask for one on their local list for larger schemes. It sets out the proposal, the relevant development plan and national policy, and why permission should be granted, often including draft s106 heads of terms. Libra has a Model Planning Statement and a Model Design and Access Statement you can adapt.

What is a section 106 agreement and what can it require?

A planning obligation under section 106 of the Town and Country Planning Act 1990 is a deed that binds the land. It can restrict how the land is developed or used, require works or a particular use, or require payments to the LPA. It binds later owners, is registered as a local land charge and can be enforced by injunction.

Typical heads of terms cover affordable housing (numbers, tenure and delivery triggers), financial contributions (for example education, healthcare or open space), highways works, biodiversity net gain management, monitoring fees and the trigger points (commencement, occupation) for each obligation.

Under regulation 122 of the Community Infrastructure Levy Regulations 2010, an obligation can only be a reason for granting permission if it is:

1. necessary to make the development acceptable in planning terms
2. directly related to the development
3. fairly and reasonably related in scale and kind to the development

An obligation can be made by agreement with the LPA or as a unilateral undertaking signed only by the landowner, which is common on appeal. To change an s106, you can agree a deed of variation with the LPA at any time, or, under section 106A, apply to modify or discharge it once five years have passed since it was entered into. The LPA decides whether it still serves a useful purpose, and you can appeal under section 106B. Start from Libra's Template s106 Agreement.

How does the Community Infrastructure Levy work, and what happened to the Infrastructure Levy?

The Community Infrastructure Levy (CIL) is a charge per square metre set by a council in its charging schedule. Under the CIL Regulations 2010, most schemes adding 100 square metres or more of floorspace, and any new dwelling, are liable where a schedule is in force. According to GOV.UK CIL guidance:

• reliefs and exemptions exist for self-build, residential annexes and extensions, social housing and charities, but must be claimed before you start
• you must submit a commencement notice before work begins, or face a surcharge of 20% of the charge (capped at £2,500) and lose any instalment arrangement
• s106 is used alongside CIL for site-specific mitigation

CIL applies in Wales too, but the 2019 reforms (such as infrastructure funding statements) apply only in England.

The Infrastructure Levy in the Levelling-up and Regeneration Act 2023 was meant to replace most of CIL and s106 in England. The government said in July 2024 that it is not implementing it, and section 137 remains not in force. CIL and s106 therefore continue.

How do you discharge planning conditions?

Conditions must meet six tests: necessary, relevant to planning, relevant to the development, enforceable, precise and reasonable. A pre-commencement condition can only be imposed with your written agreement (section 100ZA of the 1990 Act), except on outline permissions.

To discharge a condition, you send the required details to the LPA with the fee (£309, or £89 for householder schemes in England from April 2026). Under GOV.UK guidance on planning conditions, the LPA should decide within 8 weeks and must refund the fee if it has not decided within 12 weeks. For many conditions you can serve a deemed discharge notice after 6 weeks; if the LPA still does not decide by the date given, the condition is treated as discharged. To change a condition, apply under section 73.

How do planning appeals work for major and minor applications?

If the LPA refuses permission, imposes conditions you object to, or fails to decide in time (8 weeks, or 13 for major development), you can appeal to the Planning Inspectorate under section 78 (GOV.UK: appeal a planning decision). Only the applicant can appeal.

The Inspectorate decides whether the appeal proceeds by written representations, a hearing or an inquiry. For applications made on or after 1 April 2026, new regulations mean written representations appeals are decided mainly on the application documents and decision notice, with no new evidence or fresh third-party comments at appeal stage. So put your full case in the application itself. Wales: appeals go to Planning and Environment Decisions Wales (PEDW).

What has the Planning and Infrastructure Act 2025 changed so far?

The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. Most of its planning changes apply in England only. As at 30 September 2026:

• In force: since 18 February 2026, if a permission is challenged in court its time limit for starting work is extended (one year for High Court proceedings, up to four years in total). Parts of the compulsory purchase reforms and the framework for environmental delivery plans and the nature restoration levy are also in force, though no plan was yet operating in most areas.
• Made, not yet in force: the national scheme of delegation starts on 31 October 2026. Householder, minor and most reserved matters applications must then be decided by officers. Major applications go to committee only through a gateway test, and committees are capped at 13 members.
• Planned: local setting of planning fees by LPAs (draft regulations published July 2026, final regulations expected later in 2026), mandatory training for committee members and fee surcharges.

What are the key deadlines and time limits?

• 8 weeks: decision on minor and householder applications (13 weeks for major, 16 weeks with EIA), unless extended by agreement.
• 8 weeks: decision on an application to discharge conditions, with a fee refund if not decided within 12 weeks.
• 6 months: appeal against refusal or non-determination of a full or outline application (12 weeks for householder and minor commercial appeals), in England.
• 5 years: from the date of an s106 before you can apply under section 106A to modify or discharge it without the LPA's agreement.
• Before you start work: claim any CIL relief and submit a CIL commencement notice.
• 31 October 2026: national scheme of delegation and 13-member committee cap take effect in England.

What should you do next?

1. Check the LPA's local list and get pre-application advice, so your application is valid first time and the clock starts.
2. Prepare a planning statement and, where required, a design and access statement. Adapt Libra's Model Planning Statement and Model Design and Access Statement.
3. Agree s106 heads of terms early and test each obligation against the regulation 122 tests. Use Libra's Template s106 Agreement as a starting point.
4. Check whether CIL applies, claim any relief and submit your commencement notice before work starts.
5. Upload your planning documents to Libra to get the requirements explained and a draft planning statement, s106 heads of terms or appeal grounds for your team to review.
6. Ask Libra about your scheme, or find a lawyer or clinic through Libra for complex s106 negotiations or appeals.

Frequently asked questions

What is the difference between a section 106 agreement and a unilateral undertaking?

Both are planning obligations under section 106. An agreement is signed by the landowner and the local planning authority together. A unilateral undertaking is signed only by the landowner and others with an interest in the land. Unilateral undertakings are often used on appeal, where the Inspector decides whether the obligations meet the regulation 122 tests.

Can I get out of a section 106 agreement?

You can agree a deed of variation with the local planning authority at any time. Without agreement, you can apply under section 106A once five years have passed since the obligation was entered into. The authority decides whether it still serves a useful purpose, and you can appeal to the Planning Inspectorate if you disagree.

Do I have to pay CIL and a section 106 contribution?

Often, yes. CIL is a fixed charge per square metre where the council has a charging schedule, while s106 covers site-specific needs such as affordable housing or a new access. In England the same infrastructure can be funded by both, but each s106 obligation must still meet the regulation 122 tests.

Is a planning statement compulsory?

Not nationally. It is not one of the national validation requirements, but most local planning authorities include it on their local list for major and many minor applications. If it is on the adopted local list and is reasonable for your scheme, the authority can treat your application as invalid without it.

How long does it take to discharge planning conditions?

The local planning authority should decide within 8 weeks of receiving your application, unless you agree a longer period. If it has not decided within 12 weeks it must refund the fee. For many conditions you can also use the deemed discharge procedure to push for a decision.

Has the Infrastructure Levy replaced CIL?

No. The Levelling-up and Regeneration Act 2023 created a power to introduce an Infrastructure Levy in England, but the government confirmed in July 2024 that it is not implementing it. The provisions have not been brought into force, so CIL and section 106 agreements continue to apply.

Does the national scheme of delegation apply in Wales?

No. The scheme is made under the Planning and Infrastructure Act 2025 and applies to local planning authorities in England from 31 October 2026. Welsh authorities keep their own schemes of delegation, and Welsh planning is governed by separate Welsh legislation and policy.

Can I build an office or a shed in my garden without planning permission?

Often yes in England. Outbuildings are usually permitted development if single storey, no more than 2.5 metres high within 2 metres of a boundary, not in front of the house, and covering under half the garden. Listed buildings, conservation areas and Article 4 areas have tighter rules.

Can I use a garden building as a home office or to sleep in?

A home office is usually fine as an incidental use. Sleeping accommodation, such as a granny annexe or rented-out room, is different and normally needs planning permission. Permitted development also requires the building to be used for purposes incidental to the house. Check with your council first.

Can I extend my house without planning permission?

Many single storey rear extensions are allowed as permitted development, within set depth, height and boundary limits, and larger ones may need prior approval. Flats, listed buildings and some protected areas are excluded. A lawful development certificate gives written proof that your plans are lawful.

How long does the council take to decide a planning application?

The usual target is eight weeks for a householder or minor application, and 13 weeks for a major one. Councils can agree an extension with you. If they fail to decide in time, you can appeal to the Planning Inspectorate for non-determination.

Can my neighbour stop my planning application?

No. Neighbours can comment and the council must consider material planning matters like overlooking, loss of light, noise and traffic. It is not bound by numbers of objections. Private issues such as loss of view or property value are not material.

What if I have already built something without planning permission?

You can apply for retrospective permission, and the council must assess it like any other application. In England, the council has 10 years from completion to take enforcement action against most breaches. Ignoring an enforcement notice is a criminal offence, so get advice early.

How much does a householder planning application cost?

The fee for a householder application in England rose to £528 from 1 April 2025, and it now increases each year with inflation, so the current figure will be slightly higher. Smaller works like gates have a lower fee. Check your council's fee calculator before submitting.

Ask Libra

• Can I build an office or a shed in my garden without planning permission?
• Can I extend my house without planning permission?
• What can I do if I built something without planning permission?
• Do I need a design and access statement for 3 houses in a conservation area?
• How do I apply to discharge a pre-commencement condition?
• Draft s106 heads of terms for a 40-home scheme

Sources

• GOV.UK: Making an application (validation requirements)
• Town and Country Planning Act 1990, section 106 (planning obligations)
• Community Infrastructure Levy Regulations 2010, regulation 122
• GOV.UK: Community Infrastructure Levy guidance
• GOV.UK: Use of planning conditions
• GOV.UK: Appeal a planning decision
• Planning and Infrastructure Act 2025
• Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.