Development Control: Summary Diagram

1. Development Control: Summary Diagram

2. Submission: types of application • Householder consents; • Outline and full planning permission and approval of reserved matters; • Listed Building consent; • Conservation Area consent; • Advertisement consent; • Consent under Tree Preservation Orders; • Certificates of Lawful Development; • Removal or variation of conditions.

3. How much does it cost? Alteration/extension to a house: £135.00 New build within curtilage: £135.00 New units: £265.00 per unit > £13,250.00 (50 units) > £80.00 per unit > £50,000.00 Car park £135.00 Playing fields £265.00 Telecomms equipment: £265.00 Advertisements relating to land/business: £75.00 Hoardings: £265.00

4. The application process • Pre-application discussions are widely recognised as enhancing the speed and quality of the planning system • The roll out of a standard planning application form “1APP” commences in March and will end on the 6th April 2008 … this will then be the only legal way of submitting a planning application • … The Government wishes to encourage applicants to submit applications electronically wherever possible …

5. Validation of planning applications

6. Development Control: Summary Diagram

7. Validation of planning applications National Information requirements for full planning permission • The standard application form • The location plan (scale of 1:1250 or 1:2500) • Site and Other Plans (scale of 1:500 or 1:200) • Block plan of the site (e.g. at a scale of 1:100 or 1:200) • Existing and proposed elevations (e.g. at a scale of 1:50 or 1:100) • Existing and proposed floor plans (e.g. at a scale of 1:50 or 1:100) • Existing and proposed site sections and finished floor and site levels (e.g. at a scale of 1:50 or 1:100) • Roof plans (e.g. at a scale of 1:50 or 1:100) • Ownership Certificates (and notices to notify owners if application by a third party) • Agricultural Holdings Certificate • Design and Access Statements

8. Validation of planning applications • LOCAL REQUIREMENTS – may include some or all of the following: • Affordable housing statement • Air quality assessment • Biodiversity survey and report • Daylight/Sunlight assessment • Economic statement • Environmental Statement • Town Centre Uses – Evidence to accompany applications • Flood risk assessment • Foul sewage and utilities assessment • Heritage Statement (including Historical, archaeological features and Scheduled Ancient Monuments) • Land Contamination assessment • Landfill statement • Landscaping details

9. Validation of planning applications LOCAL REQUIREMENTS – may include some or all of the following: • Landscaping details • Lighting assessment • Noise impact assessment • Open Space assessment • Parking Provision • Photographs/Photomontages • Planning obligations – Draft Head(s) of Terms • Planning Statement • Site Waste Management Plan • Statement of Community Involvement • Structural Survey • Telecommunication Development – supplementary information • Transport assessment • Travel Plan • Tree survey/Arboricultural implications • Ventilation/Extraction statement

10. Validation of planning applications: Application for Hedgerow Removal Notice • NATIONAL REQUIREMENTS • A completed form or the form set out in Schedule 4 to the Hedgerow Regulations 1997 • A plan which clearly shows the location and length of the hedgerow(s) to be removed (plan to a scale of 1:2500.) • Evidence of the date of planting LOCAL REQUIREMENTS – may include some or all of the following: • Arboricultural implications • Biodiversity survey and report • Landscaping details

11. Validation of planning applications: PDNPA list for applications in conservation area. Local requirements – required in all cases • Heritage Statement • Protected Species Form Local requirements – may include some or all of the following: • Archaeological Report • Biodiversity survey and report • Flood risk assessment / Drainage Strategy • Land Contamination assessment • Landscaping Scheme • Parking and access arrangements • Photos and Photomontages • Planning Statement • Site Waste Management Plan • Structural Survey / Works Method Statement • Tree survey / Arboricultural implications

12. Development Control – Assessing Applications • Development Plan policies • Planning Policy Statements and Government Circulars • Supplementary Planning Documents • Current best information on any matters of specific importance e.g. conservation of wildlife sites and species, historic gardens and buildings, archaeological or geological sites • Consultee views: local councils, statutory consultees and such other authorities and agencies as seem appropriate to the particular case • Views expressed by neighbours and other third parties including individuals, organisations and interest groups • Likely effects on nearby residents and users of the area • Desirability of meeting special needs such as those of disabled people

13. Development Control – Processing Applications • Consultation – statutory & non-statutory consultees – duty to respond • Publicising the application • Development plan + material considerations • Departures and ‘call-in’

14. Statutory consultees Statutory consultees as set out in Statutory Instrument 2004 No. 2204 – The Town and Country Planning (Local Development) (England) Regulations 2004 • County Council, District and Borough Councils, Parish Councils • Health Authority • British Telecommunications Plc • Relevant Electricity and Gas Companies • Natural England • Environment Agency • Government Office • Highways Agency • English Heritage • Water companies • Regional Assembly (Regional Planning Body) • Regional Development Agency • Strategic Rail Authority • Relevant Telecommunications Companies

15. Non statutory consultees Some examples from a much longer list held by Cheltenham borough council 􀂾British Waterways 􀂾Cheltenham Business Partnership 􀂾Cheltenham Civic Society 􀂾Cheltenham Cycle Campaign 􀂾Cheltenham Disability Forum 􀂾Cheltenham in Bloom 􀂾Cheltenham Strategic Partnership 􀂾Diocese of Gloucester 􀂾Freight Transport Association 􀂾Friends of Montpellier Bandstand and Gardens 􀂾Gay Cheltenham Etc. etc.

16. Notification • 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 • 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

17. Development Control – Decisions • Written report and recommendation to Committee • Delegation to Chief Planning Officer • 8 week rule - the current Best Value Performance Indicator targets are that: • 60% of major applications must be determined within 13 weeks; • 65% of minor applications within 8 weeks and • 80% of ‘other’ applications within 8 weeks (BVPI 109c). • Reasons for refusal/approval/conditions – all development policies/proposals & PPS paras. • Conditions/obligations

18. Standards of decision making ‘Planning decisions must be taken and be seen to be taken: • openly; • impartially; • taking all relevant matters into account; • ignoring any irrelevant matters; • for justifiable and clearly stated reasons.’

19. 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

20. Development Control – Conditions Conditions must be: • necessary • relevant to planning • relevant to the development • enforceable • precise • reasonable in all other respects PPS1

21. Conditions – some examples from a wind-turbine project • Development shall begin within 5 years of the date of the consent • 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 • The planning permission is for a period not exceeding 25 years from the date that electricity is first connected into the electricity grid system. • If any wind turbine fails to produce electricity for a continuous period of 12 months the wind turbine shall be removed • The site shall be restored in accordance with the ES and a full detailed decommissioning programme shall be submitted and approved • The blades of all of the turbines shall rotate in the same direction and the blades shall not exceed 31 metres in length. • Prior to the commencement of development a construction management plan shall be submitted to and approved by the local planning authority and a lot more…

22. Development Control Breach of Planning Control Notice Town and Country Planning Act 1990 s171A(1) (Breaches of planning, conditions, tree replacement) • Issued by LPA • Request for information – owners & interests • Request to stop & rectify – apply for permission – apply for a lawful development certificate • Non-compliance – false information

23. Development Control Enforcement Notice Town & Country Planning Act 1990 • Discretionary power (s172) • Used when LPA convinced of a breach of planning control • Time limited: Four years for breaches of building/operational development Ten years for breaches in change of use • Subject to appeal (s174(1)) • Must take into account personal circumstances

24. Development Control Stop Notice • Town and Country Planning Act 1990 s183 • Enforcement notice required • Cannot be used to stop activity going on 4 years previously • Three days’ notice to take effect • Accompanied by reasons • Cannot prevent the use of a building as a domestic dwelling • Cannot prevent stationing of a caravan as a main dwelling

25. Development Control Temporary Stop Notice • Circular 02/2005 • Town and Country Planning Act 1990 s171E • Enforcement notice not required • Immediate effect with no need for justification of immediate cessation • In writing – reasons for issue • Occupier of land – anyone with interest – person carrying out unlawful activity – notice on site (discretionary) • Date – nature of offence – notice of prosecution • Expires after 28 days unless withdrawn/confirmed –cannot simply be reissued on expiry • Can apply to part of a site only

26. Development Control Temporary Stop Notice • No right of appeal to SoS • Can be challenged through judicial review Compensation may be payable if: • Activity had been given planning permission & complied with in all respects (e.g. conditions) • Permitted under GPDO 1995 • Later granted a LDC • LPA withdraws the notice within 28 days without confirmation Not payable if permission is granted retrospectively

27. Planning & Compulsory Purchase Act ’Section 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 …in the period of two years ending with the date on which the application … is received the Secretary of State has refused a similar application referred to him … the Secretary of State has dismissed an appeal … the local planning authority have refused a similar application and … there has been no appeal to the Secretary of State against that refusal.’

28. Appeals & Inquiries • Refusal } • Non-determination } (approx 16,000 pa) • Conditions • Enforcement (approx 4,000 pa) • Call-in (approx 300 pa) • 20% hearings • 6% public inquiry • 74% written representations

29. Appeals Process • Start date: SoS receives request to appeal from applicant. • Start date + 5 days: LPA to notify everyone who submitted representations on the original planning application. • Start date + 14 days: LPA to complete a standard questionnaire about the case & send to Inspectorate/appellant. OR • Start date + 28 days: LPA to produce statement of case • Appellant has 17 days to respond to questionnaire • LPA/Inspectorate have 7 days to respond to appellant • Interested parties to be notified within 28 days of hearing • Hearing to take place within 12 weeks of start date

30. Time from start of inquiry to decision

31. General Development Order • Town and Country (General Development) Order 1995 (SI 1995 No 418) The Town and Country Planning (General Permitted Development) Order 1995 http://www.opsi.gov.uk/si/si1995/Uksi_19950418_en_1.htm#end • Automatic permission for 33 classes of development • But subject to interpretation/conditions

32. Article 4 Direction • Linked to General Development Order 1995 • Article 4 allows Local Planning Authorities to make exceptions to General Development Order • Some have immediate effect • Need Secretary of State approval – lapse after 6 months unless confirmed • Specified in development plans • Used sparingly

33. GDO 1995 – Some Commercial uses • Change of shop use (see Use Classes Order) • Any land for any purpose to 28 days • Agricultural building/operation • Fish farming • Forestry operations • Extension/alteration of warehouse • Deposit of industrial waste on land allocated before 1948 • Work on unadopted streets

34. Use Classes Order • Town and Country Planning (Use Classes) Order 1987 (SI 1987 N0 764) • 16 classes of use • Any change within a class is permitted

35. GDO 1995 – Domestic uses • House enlargement, improvement or other alteration • Addition/alteration to roof • Porch • Swimming pool • Hard standing • Oil tank • Satellite antenna • Gate, fence, wall • House painting

36. GDO 1995Does it need planning permission?

37. 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. Jackie’s roof is leaking and creaking, so she’s 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 doesn’t need planning permission. She’s 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 she’s had a satellite dish put in on her chimney, and is 60cm diameter. ‘Oi’, says her neighbour, ‘you need planning permission for that. It’s on the chimney.’ ‘No I don’t’, says Jo, ‘it’s below the roof line, so there!’