Planning

INTRODUCTION TO PLANNING REQUIREMENTS

1) Introduction
2) What is the difference between Planning Permission and Building Regulations Approval?
3) Extensions to dwellings and other householder development
4) General Maintenance Work
5) Change of Use
6) Demolition
7) Advertisement Applications
8) Listed Building Consent
9) Conservation Area Consent

1) Introduction

Planning control is the process, which regulates the development and use of land. This includes the construction of new buildings, the extension of existing ones and their change from one use to another. Development, such as new houses, factories and shops is important to the future success and growth of an area but it is also important to protect and improve the quality of the environment.

Over three quarters of all planning applications are decided without going before the Planning Board, as they are for minor work, development where the principle has already been established and when there are no objections. These decisions are made under Delegated powers by the Chairman and Vice Chairman of the Planning Board and the Head of Borough Development.

Decisions must comply with national and local planning policies. Planning permission is needed for most development. Permission must be obtained before work begins.

Planning does not control how a building is constructed. There is a separate system of Building Regulations to deal with this.

Most new development requires planning permission. Each application for planning permission is considered carefully. Over 90% of applications are approved. There are pressures for change and new development is needed if modern facilities for shopping, leisure and businesses are to be provided. Allowing these developments has to be balanced against the need to protect our towns, villages and countryside. This protection ranges from keeping historic buildings and streets unchanged, preventing increased problems of noise, pollution and traffic congestion, or minimising the loss of scenic landscapes.

New buildings, major alterations and enlargements of existing buildings, and changes in the use of buildings and land are all considered to be "Development" and, therefore, need planning permission. Early on, when you are thinking of development, you should always ask at the planning office whether planning permission is needed. This is better than doing the work without permission and possibly having to remove it later

2) What is the difference between Planning Permission and Building Regulations Approval?

Planning permission deals with the principle of the siting and design of development, Building Regulation approval deals with the details of the construction of buildings. If you want to carry out any building work you may therefore need:

1. Planning Permission or
2. Building Regulations Approval or
3. both

Building Regulations Approval is entirely separate from Planning Permission. Planning Permission does not give you Building Regulations Approval (nor does Building Regulations Approval give you Planning Permission).

It is your responsibility to find out what permissions you need. If you are in any doubt, please ask us.

3) Extensions to dwellings and other householder development

The following are common examples of when you will need to for apply for planning permission.

You want to make additions or extensions to a flat or maisonette (including those converted from houses). (But you do not need planning permission to carry out internal alterations or work which does not affect the external appearance of the building.)
You want to divide off part of your house for use as a separate home (for example, a self-contained flat or bed-sit) or use a caravan in your garden as a home for someone else. (But you do not need planning permission to let one or two of your rooms to lodgers.)
You want to divide off part of your home for business or commercial use (for example, a workshop) or you want to build a parking place for a commercial vehicle.
You want to build something which goes against the terms of the original planning permission for your house - for example, 'Permitted Development' rights to extend the house have been removed by a condition of the original permission or you need to keep two parking spaces for the house. The Council has a record of all planning permissions in its area.
The work you want to do might obstruct the view of road users.
The work would involve a new or wider access to a trunk or classified road.
You may also however, be able to extend your house without planning permission but the law relating to house extensions is complex and there are limits on the size of extension allowed as "Permitted Development". When you ask at the Planning Office whether your proposed extension requires planning permission, they will need to know :

whether the house has already been extended;
the 'type' of house; whether it is a flat, terraced,
semi-detached or detached. (Note: extending a flat always requires planning permission);
the size of your garden;
the size of the extension and of any previous extensions;
its position in relation to the existing house and boundaries of any adjoining properties;
its distance from any garage.

4) General Maintenance Work

Normally, external maintenance work does not require planning permission; for example, re-painting, re-pointing brickwork, re-roofing. Also, planning permission is not usually required for the demolition of an outbuilding or for any internal alterations. However, there are exceptions to the rule which are detailed below.

Listed Buildings and properties within a Conservation Area are the most important exceptions.

5) Change of Use

If you want to change the USE of a building, then planning permission may well be needed before the new use is brought into operation. For example, planning permission is needed if you have a large house and want to split it up into flats. If you want to convert an old barn into a house, this is also a change of use and you will need to apply for planning permission. You may want to run a small business from part of your house, perhaps repairing other people's cars. This is also a change of use.

6) Demolition

The Town and Country Planning (Demolition-Description of Buildings) Direction 1995 excludes the demolition of certain types of buildings from planning controls. These exclusions fall into four categories:

First, Listed Buildings, buildings in Conservation Areas and Scheduled Monuments which are covered by other legislation.
Secondly, demolition of a building of less than 50 cubic metres (when measured externally) is not to be regarded as development.
The third category of exclusion is of every building that is not either itself a dwelling house, or adjoining a dwelling house. The definition of a dwelling house should be taken to include buildings in use as a dwelling and those, if not currently in use, last used for such purposes. It includes detached, semi- detached or terraced houses, residential homes or hostels, and buildings containing one or more flats.
The fourth category covers the demolition of the whole or part of a gate, fence, wall or other means of enclosure, unless in a Conservation Area.
The planning controls therefore apply mainly to the demolition of dwelling houses and of buildings adjoining dwelling houses. The demolition of buildings such as warehouses, factories, offices, churches, theatres and shops will not be subject to planning control unless they are attached to a dwelling house.

7) Advertisement Applications

If your proposals are for the display of an advertisement, you will need to make a separate application. Four copies of the forms and the relevant drawings must be supplied. These must include a location plan and sufficient detail to show the size, materials and colour of the sign and its position. No certificate of ownership is needed, but it is illegal to display signs on the property without the consent of the owner. See also the notes accompanying the form.

8) Listed Building Consent

Anyone who wants to demolish a listed building, or to alter or extend one in any way that affects its character, must obtain 'listed building consent' from the Borough Council, or in some circumstances the Secretary of State. The procedure is similar to that for obtaining planning permission. (It is an offence to demolish, alter or extend a listed building without Listed Building consent and the penalty can be a fine of unlimited amount or up to twelve months' imprisonment, or both).

Anyone wishing to redevelop a site on which a Listed Building stands will need both Listed Building consent for the demolition and planning permission for the new building. Planning permission alone is not sufficient to authorise the demolition. Similarly, anyone wishing to alter a Listed Building in a way which would affect its character, and whose proposed alteration amounts to development for which specific planning permission is required (as distinct from a general permission given by the General Development Order), will also need to apply for planning permission and for Listed Building consent

9) Conservation Area Consent

In 1967, the Civic Amenities Act provided for the identification and designation by local planning authorities of Conservation Areas. These were defined as 'areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. Conservation Areas are often centred on Listed Buildings, but not always.

The Town and Country law requires anyone wishing to demolish an unlisted building within a conservation area must however apply first for Conservation Area Consent.

Other development within a Conservation Area is considered only under the planning application submitted for the development.

Within a Conservation Areas the Council will however need to ensure that any new development preserves and enhances the character and appearance of the area. The advice notes for Listed Building Consent applications describes some of the design requirements for such development.

There are also applications that can be made for Agricultural development or for a Certificate to require the Councils to confirm what is the Lawful Use of land or Buildings.

You should also check whether any other form of permission is likely to be required; for example, Building Regulations approval or consent under the Food Hygiene Regulations where you should contact the Environmental Health Division