This section looks at the following:
The government has issued guidance on permitted development for Householders (Permitted Development for Householders – Technical Guidance (August 2010))| that gives an explanation of the rules on permitted development for householders, what these mean and how they should be applied in particular sets of circumstances. If you need any further information on the rules for permitted development you are advised to read this document.
Do I need Planning Permission?
Planning permission is required where development is involved - 'development' defined as the 'carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land'.
Having said this, express planning permission is not always required for certain types of development. This is termed 'permitted development', and often applies to small domestic developments. If, for instance, you want to alter or extend your house, you might be able to do so without planning permission. BUT this depends on a number of factors, such as how big the extension will be, if there have been previous additions to the house or if your house is a listed building or situated within a conservation area. In some cases permitted development rights have been withdrawn by conditions attached to the original planning permission for the house concerned.
The rules regarding permitted development for householders changed on 1st October 2008.
However, the rules regarding "permitted development" are complex and we advise you to make contact with the Development Control Team before carrying out any work. In most cases we strongly advise people to make an application for a Lawful Development Certificate (see Planning Application Forms) as this will establish with certainty that the proposal is lawful. This is extremely useful for general peace of mind and is particularly valuable if you were to sell your house as it proves that specific works or additions are legal.
If planning permission is not required, it should be remembered that Building Regulations Approval almost certainly will be.
Remember, if you decide to sell your property, the person who buys it will want to know everything is in order. If you cannot show that your extension had planning permission or did not need it, a sale could be delayed or worse, lost.
THE PLANNING SYSTEM
The Town and Country Planning Act 1990 provides the statutory basis for land use planning in England. Broadly, the development of land requires planning permission from the Local Planning Authority. Within the administrative area of the city this is Gloucester City Council. However, minor developments may fall within the limits of "permitted development" as defined in the Town and Country Planning (General Permitted Development) Order 1995 and therefore be exempt from planning permission.
Individual planning applications are considered in context of the Gloucester Local Plan , the County Structure Plan (www.gloucestershire.gov.uk/index.cfm?articleID=197| ) and Government advice contained in Planning Policy Guidance (http://www.communities.gov.uk/| ). The Planning Portal offers a brief introduction to the planning system and some explanation of what planning is for and why it is important to us all. - http://www.planningportal.gov.uk/wps/portal?pageName=GUIDE&PpAction=location|
How do I apply for Planning Permission?
If your proposal does need planning permission, it may help to discuss your scheme with a planning officer before submitting the application although this will not usually be necessary for many straightforward proposals. The officer will advise you on the Council’s policies and how to obtain permission or, in some cases, why what you have in mind may not be acceptable.
When it comes to actually making the application it is important that you stick to the following points:
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Read carefully the guidance notes supplied with the planning application forms. For additional notes on planning application forms, fees and payment methods click here .
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Answer all of the relevant questions on the form. If you need to add any additional information, then do so in a letter accompanying the application.
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Ensure that your submitted plans are clear and accurate and drawn to a metric scale (usually 1:50 or 1:100). You will need to show the existing and proposed floor plans and elevations. For extensions try and include a drawing which shows your proposal and part of your neighbour’s house so that the planning officer will be able to judge how your scheme might affect the adjoining property. Ensure that you provide details of materials to be used for the outside surfaces (types of brick, roofing materials, etc.). Finally, you will need to submit a location plan which shows your house in relation to the adjoining properties (usually scale 1:500 or 1:1250). This can be obtained from www.themapshop.co.uk/europe/gb/ossite.htm . It is possible that you may need to employ an architect or surveyor to prepare plans of the required quality.
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Five copies of the application form and accompanying plan are required by the City Council to enable the application to be processed.
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A fee is charged for most applications for planning permission and advertisement consent (but not for listed building consent, conservation area consent and tree works applications). The fee cannot be refunded if the application is subsequently refused or withdrawn.
Your Proposal and Your Neighbours
One of the main tasks of our Planning Officers will be to assess the impact that your proposal may have on your neighbours. We must be satisfied that your proposal will not cause significant harm to the living conditions enjoyed by your neighbours before we can consider granting planning permission.
For new buildings and extensions the main areas that we look at are:
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the physical impact in terms of appearance and good design
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the physical impact in terms of mass
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overshadowing and loss of light
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overlooking from new windows
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traffic and transportation implications
There is no legal requirement for you to notify your neighbour of your application (unless the development encroaches on to your neighbour's land). However, as soon as we register your application we are legally obliged to carry out publicity. In most cases this will be by way of a letter to each of your close neighbours. The letter tells them about your application, where and when they can inspect the plans and the timetable for making representations should they wish.
Generally, we encourage all prospective applicants to consider discussing their proposals with neighbours before they are submitted to us. The benefits can be significant:
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Your neighbours will feel that you have made an effort to keep them informed.
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It can avoid your neighbours becoming alarmed when they receive our notification letter.
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It may also enable you to make some small change to your plans to accommodate your neighbours concerns and avoid written objections, which can complicate and delay your application.
We do appreciate that such discussions may not always be possible. It is entirely up to you whether or not you discuss your proposals with your neighbours. Think of providing disabled access
There is no requirement under the planning legislation or Building Regulations to create disabled access to your proposed extension. However you might care to consider providing a ramped access to any new external doorway to your extension so that visitors with mobility difficulties can gain access more easily. The door should then have a clear width of 800 millimetres. This would also make access easier for the elderly, generally, pushchairs and furniture removal. Further advice on this issue can be obtained from our Building Standards and Control Section (tel. 01452 396771).
Certificate of lawful development (Housebuilder Development)
On 1 September 2002 the Council introduced changes to the "permitted development" checking services that we operate. These changes have been approved by the Council to improve the service and to ensure that cost effective use is made of officer time.
We now operate two levels of service:
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A free service - where we make information available to enable individuals to determine for themselves whether planning permission is required. We will also offer free telephone advice on whether planning permission is required.
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A formal application route - the submission of an application for a Lawful Development Certificate is the proper formal route for establishing whether a proposal is "permitted development". The fee payable with an application is half that for a planning application.
We anticipate that many minor proposals such as proposed fences, walls etc. will be easily satisfied by the free telephone service. However, we strongly recommend the submission of applications for Lawful Development Certificates for other proposals that involve significant investment by your clients or simply when your clients would prefer the peace of mind of a formal determination.
There are significant advantages to applying for and gaining a Lawful Development Certificate. The formal determination has legal status (whereas an officer letter does not) and gives certainty to prospective developers and comfort to house buyers. Solicitors representing purchasers of extended dwellings will usually require documentary proof that such extensions, conservatories or other additions are lawful.
The Lawful Development Certificate would provide that evidence and ultimately assist with the sale of their property. The certificate also provides the necessary proof that work being carried out is lawful if, for example, a neighbour were to make an enquiry or complaint about the work. The fee involved, which is set nationally, is minimal when compared to the cost of most home additions and alterations and we believe that in almost all cases the certainty and security a certificate affords is money well spent.
A pack of information on "permitted development" and the relevant forms and guidance notes on Lawful Development Certificates is available from the Council's Development Control Section. Click on the links below for application forms.
Guidance notes on making formal objections or submitting comments relating to planning applications
It is important to remember that the planning system operates in the public interest - it seeks to control new development to ensure the best outcome for the wider community.
The proposal may have a major, minor or insignificant effect on your property. The effects may be positive, negative or a combination of both. In some cases the prospect of a new development close to someone's home can be quite unsettling.
The decisions that we make on planning applications are made after a very thorough assessment of the merits of the proposals. That assessment is made in the light of national, regional and local policies and guidance. It is important to point out that Planning Officers are not on anyone's side. Their job is to professionally assess the planning merits of the proposal as set out in planning policies, law and guidance. Applicants have a right of appeal should the application be refused or approved subject to conditions they consider unreasonable. Awards of costs can be made against the Council if, on appeal, the Council is considered to have acted unreasonably. The British planning system does not allow for a third party right of appeal on the merits of a planning decision although a challenge can be made through the courts on legal issues.
It is very important to point out that if you do decide to make formal objections or comments we can only take into account matters that are relevant to planning. These include the design of buildings; the physical impact of buildings or uses e.g. overshadowing effects; traffic and transportation implications and wide ranging "environmental" matters such as the impacts on trees, landscape and the character of an area.
We cannot generally take into account issues that are not directly covered by planning legislation, policies and guidance such as:
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Loss of property value
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Loss of view
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Loss of trade
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Private deeds and covenants
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Private rights of way
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Personality issues
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Unrelated neighbour disputes
Furthermore we will not accept any representations that contain any statements that are racially motivated.
Some key points to remember:
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The notification letter does not require you to make a response.
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If you are concerned about the proposal please come to our offices to view the full details - you can then make accurate notes about the proposal or purchase a copy of the plans.
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If you do lodge formal representations these should be confined to planning issues.
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Please remember that Planning Officers are not on anyone's side.
We hope this brief note is of assistance to you. If you require any further information or clarification or you have any comments on our customer service please contact the Development Control Service|.
South West Planning Aid
South West Planning Aid| provides free, independent and impartial advice on town planning matters to community groups and individuals throughout the South West who cannot afford to pay for a professional advisor. The service is part of the Royal Town Planning Institute, a charity and the professional body for planning. It has paid staff as well as a strong professional volunteer network.
South West Planning Aid can prepare individuals and communities for their involvement with Local Authorities and the development plan process (e.g. through advice and training). It also provides help and support on planning applications.
For further details contact:
Visit www.planningaid.rtpi.org.uk| for current information
Last Modified: Tuesday 01 May 2012