You can find out what planning permissions exist within the District from the Planning Register, which is open to public inspection at the Housing and Regeneration Department. The register includes:-

To get information from the Planning Register you can simply visit the Department and ask at Reception to see the record you are interested in. It is always advisable to ring before you visit, so that the files can be got ready, especially if you are interested in a number of records over a large area.

If you want to take copies of the information on the register there will be a charge for copying.

If you cannot visit the offices we can search the register for you, copy the information and send it to you. There will be a charge for this. Details of services and charges are available from the Housing and Regeneration Department's reception.

All development needs planning permission. This means building, engineering, mining or other operations on or under the land or changing the use of any land or buildings.

There are exceptions particularly for small buildings and minor changes in use. Check with the Department about these.

We may be able to tell you when you visit the Department or over the phone whether you need planning permission. But, to avoid misunderstandings and for your own protection, you should put your request in writing, preferably on the planning advice form.

Information provided should include:-

• The address of the proposed development and an ordnance survey plan locating the site.
• What you intend to do. If building or engineering work is proposed, the scaled site plan should give measurements of the proposed development, distances to the site boundaries and the location and size of any access onto a public highway.
• What is the site or building being used for.
• If you know of any previous planning permissions or developments please give details.

If Planning Permission is not required you must get confirmation of this in writing.

Expired Application

If there has been a previous approval of development which has not been started then the approval may have expired.

All applications that have not been implemented have to be renewed. This should be done on a standard application form available from the Planning Department.

Full Planning:- 3 years from date of approval.

Outline:- Expires 3 years from the date of the permission.

Or, 2 years from the date of approval of the last reserved
matters. Reserved matters to be submitted within 3 years.

Special Certificates

If you are continuing a well established use or a previous approval of use / development exists, you may not need a new planning permission. For a formal consideration you should ask the department for the forms to apply for either a Certificate of Lawful Use / Development, or Proposed Use / Development.

Notifications

The demolition of dwellings, some small agricultural buildings and some special telecommunications development do not need permission. The Council has to be given notice of your proposal to consider the effect and negotiate any improvements that may be needed. Forms for these notifications are available from the Planning Department.

In addition to planning approval you may need other permissions, some examples of which are listed below;

Building Regulations Approval

Most development that involves the construction of buildings or structural alterations will require consent under the Building Regulations. Approval can often be required even if planning permission is not. Please contact Building Control Services on 01924 306580.

Demolition of Buildings, Notice under S80, of the Building Act 1984

Permission will be required to demolish should the cubic content (externally measured) exceed 1750 cubic feet or 49.5 cubic metres approximately. For further
information contact Building Control Services on 01924 306580.

Advertisement Consent

Any signs on a development are likely to require a separate consent under the Advertisement Regulations. Some small signs are exempt, but check with the Department before erecting any signs or hoardings.

Listed Building Consent

The alteration, demolition or partial demolition of a listed building will need special consent. If your proposals affects a listed building it is always advisable to contact the Housing and Regeneration Department's Conservation Architect before you make your application.

Conservation Area Consent

If you intend to demolish a building in a conservation area, you will need special consent. It is always advisable to consult the Housing and Regeneration Department's Conservation Architect before you make your application.

Tree Preservation Orders and Trees in Conservation Areas

If your development proposals involve the removal or any works to trees protected by a Tree Preservation Order this will be considered as part of your planning
application.

If you want to remove or carry out any works to a protected tree and are not undertaking any other development, then you will need Tree Preservation Order consent.

If you propose to remove or carry out works to any tree in a conservation area you must give the Planning Authority six weeks notice. Contact the Housing and Regeneration Department's Arboricultural Officer.

Hazardous Substances Consent

If you propose to use or store hazardous substances you will require consent. The Housing and Regeneration Department can advise you on what are considered hazardous materials and how much you can store without needing permission.

Forms and advice on how to apply for all the above consents are available from the Housing and Regeneration Department.

Rights of Way Crossing a Site

It is in your interest to check whether any public rights of way cross the site of your proposals and whether they will be affected by your development. If so, legal procedures for diversion or stopping up must be completed before starting work on site. For applications, information and advice contact the Housing and Regeneration Department's Rights Of Way Officer.

Most applications for planning permission are approved. There is a general principle that applications should be granted except where they can be shown to be contrary to national planning policy, the Development Plan or where they can be shown to cause harm to something of importance.

National Planning Policy

National planning policy controls both how we administer applications for planning permission and how we determine them. These policies can be found in the planning legislation, government Circulars and the Planning Policy Guidance Notes. These national planning policies can have a significant effect on the way your application is determined.

The Development Plan

The Development Plan covers the whole district and shows the sort of development that the District Council would like and expect to be carried out over the next 10 years. It includes plans showing industrial areas, major new housing sites and the policies that the Council will use to guide the decisions it makes on planning
applications.

The Development Plan shows where special policies will apply. These are often important when a planning application is being considered and include: green belts, nature reserves, Tree Preservation Orders, listed buildings and conservation areas.

Local Considerations

These include the nature of the proposed development, the character of the site and neighbourhood and the effects that the development will have. A number of issues are recognised as being particularly relevant, they are:

It will be worth comparing this list with those matters which are not considered relevant to a planning decision.

The Environmental Effects of Development

The effect that some development can have on the neighbourhood is critical to the way an application is considered. The effects of noise, smell, dust and traffic, for instance, can be measured and anticipated. If your proposal is likely to cause harm to the location where it is proposed, you will be asked to provide extra information on its effects and how they can be controlled.

Your proposals may not be acceptable because of danger from a previous use of the land or from a natural problem such as flooding. They may be blighted by the effects of an existing use nearby. These situations are not very common but if you have any doubts you should check with the Housing and Regeneration Department before you make your application. You may be required to provide evidence that your proposal is safe.

Environmental Assessments

Some large or particularly difficult proposals can require special environmental assessments to be carried out to accompany the application. This helps the Planning Authority and local people to assess the environmental impact. These applications have special publicity requirements and will take longer to consider. More information on environmental assessments can be provided by the Housing and Regeneration Department.

Who can make a Planning Application?

Anyone can make a planning application. You do not have to own the property where you are making the application , but you must have notified the owners that you are making the application. Notice 1 forms to do this are available from the Housing and Regeneration Department.

Pre-application Discussions

It is always a good idea to discuss your proposals with the Housing and Regeneration Department before you make your application. This will ensure that you have provided all the information that is required in the most effective way. Your application will then be dealt with as speedily as possible. We can also give you an indication of how your application will be considered.

BUT... All advice is given without prejudice to the final determination of the application. Officers take every care to give the best advice they can, both over how to make your application, and how the application will be considered but their views are not binding on the authority.

What Sort of Application should be Made?

There are two main types of planning application. Normally you will make a full planning application, which if approved, will allow you to carry out your proposal straight away. If you have any doubts about your proposal or if you are not sure that you will get permission, then you can make an outline application. Outline applications can only be made where the erection of a building is involved. An outline permission means that your proposal has only been approved in principle, you will have to apply later for the approval of details. Less information is required to make an outline application but if there is anything difficult or contentious about your proposal you may be asked to provide details on that aspect.

Householder applications: If your application is for an extension or other small development in the garden of your house, there is a special simplified application form for full planning that is much easier to use (H1).

Most development that requires a building to be constructed or altered needs building regulation approval. Forms for this can be obtained from the Housing and Regeneration Department.

The guidance notes accompanying the application forms explain how to complete them and what other details are required.

How is your Application Dealt with?

There are four main stages to processing a planning application, they are:

1. Receiving and Checking the Application

It is important that applications are made correctly. Incorrect or incomplete information can delay the consideration of the application. A receipt is always provided for the fee and we acknowledge all applications that have been registered. The acknowledgement will identify the case officer and all further communication should usually be conducted through that officer.

No application will be determined until all the information and fees required have been provided.

2. Publicity and Consultations

All applications are publicised on a weekly list, which is circulated within the Council, libraries, Parish and Town Councils. They are also advertised in the local press. Applications may be publicised by a notice displayed near the site or by individual letters to the occupiers of adjoining land. 21 days are given for anyone to comment on these applications. These comments are open to public inspection.

In addition most require the technical comments of organisations outside the Housing and Regeneration Department. This is a vital part of our consideration.

An amendment to your application may require it to be re-advertised. We usually give 14 days for further comment. If the changes that are made are in response to the observations received, then the application will only be re - advertised if;

a. The new proposals are felt to affect other people or interests that were not affected before or,

b. It is not clear whether the new proposals will satisfy the observations made on the original application.

3. Site Visits, Negotiations and Meetings with the Applicant

The sites of all applications are visited by the case officer. Some applications may need to be amended in order that they can be approved and others may require extra information to explain exactly what is proposed. If there is a problem with your application the case officer will contact you to discuss this.

4. Making the Decision

a) Factors considered: These are detailed under Question 4.

b) Time Scale: We try to deal with all applications as quickly as possible. If your application has been with the Department for more than eight weeks you can appeal to the Secretary of State to make a decision. It is worth checking with the Department whether a decision is imminent as appealing can take quite a long time.

Applications have to be publicised so it is unlikely that any application, even the most straight forward, can be determined in under 6 weeks.

If there are any problems with your application then it could be delayed especially if additional information or changes are required. If your application needs to be determined by the Committee (see next column) then this may also extend the time taken.

In all circumstances the case officer should be able to give you an indication of the likely decision date once the initial publicity and consultations are completed.

c) Process: Decisions can be made either by the Chief Officer on a weekly basis or by the committee of councillors who meet about once every five weeks. Normally the simple applications are dealt with by the Chief Officer with the larger more complicated applications being decided by the Planning and Highways Committee. If there has been an objection to your application which is contrary to the recommendation, it must be determined by the Planning and Highways Committee.

If your application is to be approved by the Chief Officer then no formal report is made.

However, the case officer will prepare brief notes to be held on the file explaining the recommendation. This is usually prepared three days before the final decision is made and is open to public inspection.

If your application is to be determined at committee a formal report is prepared and is available for public inspection three days before the committee meeting. The public are allowed to attend the meeting but, are not allowed to participate.

The Decision

Your application can either be approved or refused. Occasionally the Chief Officer or the Committee will put off their decision whilst further information or discussion is carried out. The Committee members may also decide to visit the site of an application if it is felt that this will help them with their decision.

Conditions

Permissions usually have some conditions attached to the approval. The more complicated the proposal the more conditions that may be imposed. There are three common types of conditions:

All the conditions attached to a planning permission are written out on the decision notice. The notice will be posted to the applicant / agent along with the approved plans.

Minor Amendments and Amending Conditions

Minor changes can be made to your planning permission without the need to make another application. The changes have to be small and must not change your permission in any significant way. They must be approved in writing by the Housing and Regeneration Department.

You can also apply to amend a condition on a planning permission. This should be done on the standard application form (P1).

Agreements

In certain circumstances the Planning Authority may ask for a special legal agreement to be signed before permission is granted.

Reasons for Refusal

If your application is refused the Planning Authority has to give its reasons for refusal. These will be shown on the decision notice. The notice will be posted to the
applicant/agent along with the refused plans.

Appeals

If your application is refused you can appeal to the Secretary of State to have the decision changed. You have to do this within 6 months or 2 months for an advertisement, of the decision. Notes on how to do this are available from the Housing and Regeneration Department and are included with the decision notice if we refuse an
application.

Your appeal is then decided by the Planning Inspectorate on behalf of the Secretary of State. This can be done by post where your written arguments and evidence are sent together with the Council's, to a Planning Inspector who then decides the matter. For the more complicated proposals or where you wish, you can have your proposals considered at either an informal or formal inquiry in front of the Planning Inspector.

What is not a valid objection to a planning application?

Planning decisions have to be made according to a set of rules laid down by the Government.

"The basic question is not whether owners or occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect the amenities of the existing use of the land and buildings which ought to be protected in the public interest."

Some things which are important to you may not be relevant to the planning decision and will therefore not be taken into account. Some of these are as follows:-

What is Relevant to a Planning Decision?

Only certain things can be considered as relevant to a planning decision. Question 4 lists those things which are considered when making a planning decision, try to refer to them when making your observations on an application.

What Happens to My Observations?

Your comments are kept on the planning file and will be referred to when the final decision is made. Any comments made are open to public inspection. If you make any observations you will be informed of the outcome of the application. It is not always possible to answer individual letters in detail because of the number of comments that are made on applications, but their receipt will be acknowledged.

If the application you have made comments about is considered by the Planning and Highways Committee, you will be told in advance when the meeting will take place. You can speak at the meeting, but if there are a number of supporters or objectors of the particular application, on person should speak on behalf of the others.

Re-Advertisement

If major changes are made to an application it will be re-advertised and you will be given 14 days to add any further comments as you wish. An application will not always be re-advertised if the changes that have been proposed are in response to comments already received. However, you may be asked if you want to withdraw your objection in the light of the new information.

After the Decision

Any objections made after the decision cannot be taken into consideration and no decision will be amended or reversed. However, if you think that the condition(s) attached to the permission are being breached then see Question 7.

Information Open to Public Inspection

The following information is open to public inspection on a planning application file and can be seen at the Housing and Regeneration Department.

Very occasionally information is given to the Department on a confidential basis and sometimes legal action is involved. This information is not open to public inspection. Similarly informal notes made by officers in the Housing and Regeneration Department as the application is being considered, are not open to public inspection.

To get information about planning applications you can simply visit the Department and ask at the reception to see the record you are interested in. It is always advisable to ring before you visit, so that the files can be got ready especially, if you are interested in a number of records over a large area.

It is not illegal in every case to carry out development without planning permission and unfortunately, this does sometimes occur. If you think that development is taking place without permission, contact the Housing and Regeneration Department's Enforcement Team

We have a simple form to complete that helps us to investigate the matter.

We have powers to enforce planning controls but, these are often long-winded. When we receive a complaint about alleged development we follow these steps;

Only in extreme circumstances can the Planning Authority get the development to stop immediately.

If a condition on a planning permission is being ignored then more immediate action can be taken but evidence is required.

The Planning Authority has some specialist powers in respect of listed buildings, protected trees and advertisements which may allow us to act more directly.

Getting the Information Needed

The Planning Authority has powers to demand information about what is going on. It can then use that information to take formal enforcement action to get the development stopped or changed.

In all events please contact the Planning Authority who will investigate the matter further. Only in exceptional circumstances will anonymous allegations be followed up.

Evidence

If enforcement action is required, its effect will often depend on the evidence that can be provided. It is therefore very useful if you can provide precise details of what is going on and what harm it is causing.

Making Notes

It is always useful if you feel that something is happening without planning permission to make notes as to when you first noticed it and exactly what was going on or being built.

Keeping a Diary

Often the development you are concerned about will be intermittent or not easy to pin down. Keeping a diary noting what you have seen over a period of time can also be useful.

Photographs

Photographs can provide very good evidence especially when they are dated or when you have made a note of when they have been taken.

If you are willing, you may be asked to provide your evidence in support of any formal action that the Council takes. In all circumstances it is best to have discussed your problem with the Enforcement Officer before you go to great lengths to gather evidence.

Enforcing planning control involves a lot of persuasion and negotiations, with formal action being used only in extreme circumstances, or as a last resort. The powers that we have are effective but they can take a long time to take effect.

Does it Need Planning Permission?

A lot of activities and development fall outside the Council's planning controls. If this is the case enforcement is not possible.

Has it got Planning Permission?

Clearly, if something already has permission then enforcement is not possible. However, if something is going on in breach of a condition on that permission then enforcement action can be taken.

Would it get Planning Permission?

Just because something is going on without planning permission is not enough reason for enforcement action to be taken. We have to be sure that some practical benefit will come from enforcement action either by stopping something harmful going on or by controlling it to minimise any detrimental effect.

Application for Planning Permission Sought

The normal first step in any enforcement action is to ask the person in breach of planning control to submit a planning application so that the issues of concern can be formally considered.

We always try to negotiate with someone in breach of planning controls to resolve the matter. Only if they do not co-operate, or planning permission is not granted and the harmful breach persists, do we serve a formal enforcement notice. This has to be confirmed before any legal action can take place.