Development Control: Summary Diagram. Submission: types of application Householder consents; Outline...

Development Control

Summary Diagram

Submission types of application

bull Householder consents

bull Outline and full planning permission and approval of reserved matters

bull Listed Building consent

bull Conservation Area consent

bull Advertisement consent

bull Consent under Tree Preservation Orders

bull Certificates of Lawful Development

bull Removal or variation of conditions

How much does it cost

Alterationextension to a house pound13500New build within curtilage pound13500New units pound26500 per unit gt pound1325000 (50 units)

gt pound8000 per unit gt pound5000000Car park pound13500Playing fields pound26500Telecomms equipment pound26500Advertisements relating to landbusiness pound7500Hoardings pound26500

bull Pre-application discussions are widely recognised as enhancing the speed and quality of the planning system

bull The roll out of a standard planning application form ldquo1APPrdquo commences in March and will end on the 6th April 2008 hellip this will then be the only legal way of submitting a planning application

bull hellip The Government wishes to encourage applicants to submit applications electronically wherever possible hellip

The application process

Validation of planning applications

Development Control

Summary Diagram


National Information requirements for full planning permissionbull The standard application form

bull The location plan (scale of 11250 or 12500)

bull Site and Other Plans (scale of 1500 or 1200)

bull Block plan of the site (eg at a scale of 1100 or 1200)

bull Existing and proposed elevations (eg at a scale of 150 or 1100)

bull Existing and proposed floor plans (eg at a scale of 150 or 1100)

bull Existing and proposed site sections and finished floor and site levels (eg at a scale of 150 or 1100)

bull Roof plans (eg at a scale of 150 or 1100)

bull Ownership Certificates (and notices to notify owners if application by a third party)

bull Agricultural Holdings Certificate

bull Design and Access Statements


bull LOCAL REQUIREMENTS ndash may include some or all of the following

bull Affordable housing statement

bull Air quality assessment

bull Biodiversity survey and report

bull DaylightSunlight assessment

bull Economic statement

bull Environmental Statement

bull Town Centre Uses ndash Evidence to accompany applications

bull Flood risk assessment

bull Foul sewage and utilities assessment

bull Heritage Statement (including Historical archaeological features and Scheduled Ancient Monuments)

bull Land Contamination assessment

bull Landfill statement

bull Landscaping details


LOCAL REQUIREMENTS ndash may include some or all of the following


bull Lighting assessment

bull Noise impact assessment

bull Open Space assessment

bull Parking Provision

bull PhotographsPhotomontages

bull Planning obligations ndash Draft Head(s) of Terms

bull Planning Statement

bull Site Waste Management Plan

bull Statement of Community Involvement

bull Structural Survey

bull Telecommunication Development ndash supplementary information

bull Transport assessment

bull Travel Plan

bull Tree surveyArboricultural implications

bull VentilationExtraction statement

bull NATIONAL REQUIREMENTS

bull A completed form or the form set out in Schedule 4 to the Hedgerow Regulations 1997

bull A plan which clearly shows the location and length of the hedgerow(s) to be removed (plan to a scale of 12500)

bull Evidence of the date of planting


bull Arboricultural implications



Validation of planning applications Application for Hedgerow Removal Notice

PDNPA list for applications in conservation area Local requirements ndash required in all cases bull Heritage Statement bull Protected Species Form

Local requirements ndash may include some or all of the following bull Archaeological Report bull Biodiversity survey and report bull Flood risk assessment Drainage Strategy bull Land Contamination assessment bull Landscaping Scheme bull Parking and access arrangements bull Photos and Photomontages bull Planning Statement bull Site Waste Management Plan bull Structural Survey Works Method Statement bull Tree survey Arboricultural implications


Development Control ndash Assessing Applications

bull Development Plan policiesbull Planning Policy Statements and Government Circularsbull Supplementary Planning Documents bull Current best information on any matters of specific

importance eg conservation of wildlife sites and species historic gardens and buildings archaeological or geological sites

bull Consultee views local councils statutory consultees and such other authorities and agencies as seem appropriate to the particular case

bull Views expressed by neighbours and other third parties including individuals organisations and interest groups

bull Likely effects on nearby residents and users of the area

bull Desirability of meeting special needs such as those of disabled people

Development Control ndash Processing Applications

bull Consultation ndash statutory amp non-statutory consultees ndash duty to respond

bull Publicising the application

bull Development plan + material considerations

bull Departures and lsquocall-inrsquo

Statutory consultees Statutory consultees as set out in Statutory Instrument 2004 No 2204 ndash

The Town and Country Planning (Local Development) (England) Regulations 2004

bull County Council District and Borough Councils Parish Councils bull Health Authoritybull British Telecommunications Plc bull Relevant Electricity and Gas Companies bull Natural England bull Environment Agency bull Government Office bull Highways Agency bull English Heritagebull Water companies bull Regional Assembly (Regional Planning Body) bull Regional Development Agency bull Strategic Rail Authority bull Relevant Telecommunications Companies

Non statutory consultees Some examples from a much longer list held by Cheltenham borough council

1048766 British Waterways

1048766 Cheltenham Business Partnership

1048766 Cheltenham Civic Society

1048766 Cheltenham Cycle Campaign

1048766 Cheltenham Disability Forum

1048766 Cheltenham in Bloom

1048766 Cheltenham Strategic Partnership

1048766 Diocese of Gloucester

1048766 Freight Transport Association

1048766 Friends of Montpellier Bandstand and Gardens

1048766 Gay Cheltenham

Etc etc

Notification

bull LPA must publish a notice in a local newspaper and either post a notice on the site that passers-by can see or notify the occupiers and owners of adjoining properties

bull Deadline for comments 21 days from the date a site notice is put up or notice is served on neighbours 14 days from the date an advertisement appears in a local newspaper

Development Control ndash Decisions

bull Written report and recommendation to Committee

bull Delegation to Chief Planning Officer

bull 8 week rule - the current Best Value Performance Indicator targets are that ndash 60 of major applications must be determined within 13 weeks ndash 65 of minor applications within 8 weeks and ndash 80 of lsquootherrsquo applications within 8 weeks (BVPI 109c)

bull Reasons for refusalapprovalconditions ndash all development policiesproposals amp PPS paras

bull Conditionsobligations

Standards of decision making

lsquoPlanning decisions must be taken and be seen to be

taken bull openly bull impartially bull taking all relevant matters into account bull ignoring any irrelevant matters

bull for justifiable and clearly stated reasonsrsquo

Permission

Full outline retrospective renewal reserved matters

Valid for 3 years full

Valid for 2 years after reserved matters permitted

Runs with the land

Does not override other legal requirements listed buildings demolition advertisements licences rights of way adjustments

Development Control ndash Conditions

Conditions must be

bull necessary bull relevant to planningbull relevant to the developmentbull enforceablebull precisebull reasonable in all other respects

PPS1

Conditions ndash some examples from a wind-turbine project

bull Development shall begin within 5 years of the date of the consent

bull No development shall commence until the local planning authority have been notified in writing that there is an approved connection to the electricity grid system

bull The planning permission is for a period not exceeding 25 years from the date that electricity is first connected into the electricity grid system

bull If any wind turbine fails to produce electricity for a continuous period of 12 months the wind turbine shall be removed

bull The site shall be restored in accordance with the ES and a full detailed decommissioning programme shall be submitted and approved

bull The blades of all of the turbines shall rotate in the same direction and the blades shall not exceed 31 metres in length

bull Prior to the commencement of development a construction management plan shall be submitted to and approved by the local planning authority

and a lot morehellip

Development Control Breach of Planning Control Notice

Town and Country Planning Act 1990 s171A(1)

(Breaches of planning conditions tree replacement)

bull Issued by LPAbull Request for information ndash owners amp

interestsbull Request to stop amp rectify ndash apply for

permission ndash apply for a lawful development certificate

bull Non-compliance ndash false information

Development Control Enforcement Notice

Town amp Country Planning Act 1990 bull Discretionary power (s172)bull Used when LPA convinced of a breach of

planning controlbull Time limited

Four years for breaches of buildingoperational developmentTen years for breaches in change of use

bull Subject to appeal (s174(1))bull Must take into account personal circumstances

Development Control Stop Notice

bull Town and Country Planning Act 1990 s183

bull Enforcement notice requiredbull Cannot be used to stop activity going on 4 years

previouslybull Three daysrsquo notice to take effectbull Accompanied by reasonsbull Cannot prevent the use of a building as a domestic

dwellingbull Cannot prevent stationing of a caravan as a main

dwelling

Development Control Temporary Stop Notice

bull Circular 022005 bull Town and Country Planning Act 1990 s171E

bull Enforcement notice not requiredbull Immediate effect with no need for justification of

immediate cessationbull In writing ndash reasons for issuebull Occupier of land ndash anyone with interest ndash person

carrying out unlawful activity ndash notice on site (discretionary)

bull Date ndash nature of offence ndash notice of prosecutionbull Expires after 28 days unless withdrawnconfirmed ndash

cannot simply be reissued on expirybull Can apply to part of a site only


bull No right of appeal to SoSbull Can be challenged through judicial review

Compensation may be payable ifbull Activity had been given planning permission amp

complied with in all respects (eg conditions)bull Permitted under GPDO 1995bull Later granted a LDCbull LPA withdraws the notice within 28 days without

confirmation

Not payable if permission is granted retrospectively

Planning amp Compulsory Purchase Act

rsquoSection 43 Power to decline to determine applications (Amends section 70A of the TCPA 1990)s70A A local planning authority may decline to determine a relevant application if hellipin the period of two years ending with the date on which the application hellip is received the Secretary of State has

refused a similar application referred to him hellip the Secretary of State has dismissed an appeal hellip the local planning authority have refused a similar application and hellip there has been no appeal to the

Secretary of State against that refusalrsquo

Appeals amp Inquiries

bull Refusal bull Non-determination (approx 16000 pa)bull Conditionsbull Enforcement (approx 4000 pa)bull Call-in (approx 300 pa)

bull 20 hearingsbull 6 public inquirybull 74 written representations

Appeals Process

bull Start date SoS receives request to appeal from applicant bull Start date + 5 days LPA to notify everyone who submitted

representations on the original planning applicationbull Start date + 14 days LPA to complete a standard

questionnaire about the case amp send to InspectorateappellantOR

bull Start date + 28 days LPA to produce statement of casebull Appellant has 17 days to respond to questionnairebull LPAInspectorate have 7 days to respond to appellantbull Interested parties to be notified within 28 days of hearingbull Hearing to take place within 12 weeks of start date

Time from start of

inquiry to decision

General Development Order

bull Town and Country (General Development) Order 1995 (SI 1995 No 418)

The Town and Country Planning (General Permitted Development) Order 1995

httpwwwopsigovuksisi1995Uksi_19950418_en_1htmend

bull Automatic permission for 33 classes of development

bull But subject to interpretationconditions

Article 4 Direction

bull Linked to General Development Order 1995bull Article 4 allows Local Planning Authorities to

make exceptions to General Development Order

bull Some have immediate effectbull Need Secretary of State approval ndash lapse

after 6 months unless confirmedbull Specified in development plansbull Used sparingly

GDO 1995 ndash Some Commercial uses

bull Change of shop use (see Use Classes Order)bull Any land for any purpose to 28 daysbull Agricultural buildingoperationbull Fish farmingbull Forestry operationsbull Extensionalteration of warehousebull Deposit of industrial waste on land allocated

before 1948bull Work on unadopted streets

Use Classes Order

bull Town and Country Planning (Use Classes) Order 1987 (SI 1987 N0 764)

bull 16 classes of use

bull Any change within a class is permitted

GDO 1995 ndash Domestic uses

bull House enlargement improvement or other alteration

bull Additionalteration to roofbull Porchbull Swimming poolbull Hard standingbull Oil tankbull Satellite antennabull Gate fence wallbull House painting

GDO 1995Does it need planning permission


Bill and Jane need some more living space and have thought about extending their house by building a room above the garage It will be lower than the existing roofline and will be 90m3 in size The garage is by the side of the house so not nearer to the road then the existing building


Jackiersquos roof is leaking and creaking so shersquos asked a builder to take down and repair the roof of a house She would also like him to replace the existing tiles with welsh slates to bring them in line with the other buildings nearby He reckons she doesnrsquot need planning permission Shersquos worried that she might


Pete wants to excavate his front garden and lay down a hard standing 6m X 4m It will be a combination of cobbles and tarmac


Jo wants to go digital so shersquos had a satellite dish put in on her chimney and is 60cm diameter lsquoOirsquo says her neighbour lsquoyou need planning permission for that Itrsquos on the chimneyrsquo lsquoNo I donrsquotrsquo says Jo lsquoitrsquos below the roof line so therersquo


Slide 1





Slide 6

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Statutory consultees

Non statutory consultees

Notification



Permission










Appeals Process

Time from start of inquiry to decision


Article 4 Direction


Use Classes Order


GDO 1995 Does it need planning permission

Slide 37


bull Householder consents

bull Outline and full planning permission and approval of reserved matters

bull Listed Building consent

bull Conservation Area consent

bull Advertisement consent

bull Consent under Tree Preservation Orders

bull Certificates of Lawful Development

bull Removal or variation of conditions









Development Control

Summary Diagram











































bull Travel Plan










































Etc etc

Notification













Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37









Development Control

Summary Diagram











































bull Travel Plan










































Etc etc

Notification













Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37











































bull Travel Plan










































Etc etc

Notification













Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37








































Etc etc

Notification













Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37

Notification













Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37











Permission




Runs with the land



Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37


Conditions must be


PPS1



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37



























dwelling












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37












confirmation









Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37








Appeals Process





Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37

Time from start of

inquiry to decision







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37







Article 4 Direction








Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37




Use Classes Order

















Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37














Slide 1





Slide 6

Slide 7

Slide 8

Slide 9







Notification



Permission










Appeals Process



Article 4 Direction


Use Classes Order



Slide 37

Development Control: Summary Diagram. Submission: types of application Householder consents; Outline...

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Transcript of Development Control: Summary Diagram. Submission: types of application Householder consents; Outline...