WHO CONTROLS PLANNING?
What is planning?
Planning is about how we plan for, and make decisions about, the future of our cities, towns and countryside in order to create better places to live.
The planning system is needed to control development in your area.
Over time, a formal way of making these decisions was set up leading to the establishment of the local planning authorities who are now responsible for deciding whether a development - anything from an extension to a new housing estate - should be allowed.
The local planning authority usually means the district or borough council and not the parish or town council.
We know and have dealt with most of the planning authorities in the south west, understand their concerns and have working relationships with them. They all vary and have policy’s emphasizing important concerns relevant to their area and missed at ones risk.
Some areas such as Garden Cities have additional more detailed development controls, requiring separate application. EXTEND again has extensive experience dealing with the often more visual concerns of these bodies.
As well as planning more sensitive buildings are listed. These again require further permission, important as breach of process leads to criminal prosecution. We can advise, negotiate and make application on your behalf.
The plan-led system
The planning system in England and Wales follows a plan-led system. This involves preparing drawn plans that set out what can be built and where. The plan-led system is supported by legislation which is regularly updated.
Sustainable communities
All plans must take account of the sustainable needs of future communities. They must take account of the environment as well as setting out the sorts of development needed to help people live and work in the area.
Development control
Most new buildings or major changes to existing buildings or to the local environment need consent which is known as planning permission. Each application for planning permission is made to the local planning authority for the area. The application must include enough detail for the authority to see what effect the development could have on the area.
If the planning application is in line with the approved plan, the applicant can usually expect to receive planning permission within eight to twelve weeks.
Minor works
Some types of minor building work, such as a small extension, do not need planning permission and this is known as permitted development.
The effect of these developments on neighbours or the environment is likely to be small, and the government has issued a general planning permission to authorise them
The planning regulations were changed in October 2008 and many extensions and alterations to your home do not require planning permission as they fall within ‘permitted development’.
The work in these cases is deemed to be of a minor nature with little impact on the environment and surrounding properties.
However, individual circumstances can mean that you may think you do not require planning permission but, due to planning interpretation, you actually do. You may have built your extension without planning permission and then realise that you should have obtained it.
There may, for example, be an old public footpath at the rear of your property which means you are extending towards a highway or your permitted development rights were withdrawn by the council when the house was built.
In order to avoid problems when selling the property, we strongly advise that you obtain formal confirmation that planning permission is not required from your local council by obtaining a Certificate of Lawfulness.
A lawful development certificate has no function in determining whether consent may be required under other legislation such as the Planning (Listed Buildings and Conservation Areas) Act 1990.
What “lawfulness” means for planning purposes
Uses and operations are deemed to be “lawful” if no enforcement action may be taken against them and they are not in contravention of any enforcement notice which is in force. A failure to comply with any condition or limitation, subject to which planning permission has been granted, is “lawful” if the time for taking enforcement action in respect of the failure has expired and it does not constitute a contravention of any enforcement notice or breach of condition notice which is in force.
What a certificate does
A certificate granted for an existing use, operation or activity will specify (by reference to a plan or drawing) the area of land included in the certificate and describe the precise nature of the use, operation or activity which is certified as lawful. The certificate will not protect you from enforcement action by the planning authority if you subsequently change the specified use ‘materially’ without making a planning application for it.
A certificate granted for a proposed use or operation will describe the precise use or operations on a site in the terms considered permissible without the need to make a planning application for it.
The certificate will always give reasons why the use, operations or activity is, or would be, lawful. It will conclusively establish the lawfulness of the use, operations or activity covered by the certificate. A certificate granted for an existing use, operation or activity will not protect future development on the site. For example, an extension to an existing building described in the certificate, or the intensification of an existing use will not be covered. A certificate granted for a future use or operation will protect future development, but only if that future development is as described in the certificate and is undertaken before there is any material change in relevant circumstances. If the limitations specified in a certificate are exceeded, the landowner or occupier may be liable to enforcement action by the planning authority for any resulting breach of planning control.
Applying for a certificate
Applying for a Lawful Development Certificate is a very similar process to making a planning application except that it does not involve a public consultation process.
It takes around 6-8 weeks for an application to be processed and it is usually the job of an architect or designer to carry out the application as scaled drawings and other information will need to prepared and submitted.
Planning is about how we plan for, and make decisions about, the future of our cities, towns and countryside in order to create better places to live.
The planning system is needed to control development in your area.
Over time, a formal way of making these decisions was set up leading to the establishment of the local planning authorities who are now responsible for deciding whether a development - anything from an extension to a new housing estate - should be allowed.
The local planning authority usually means the district or borough council and not the parish or town council.
We know and have dealt with most of the planning authorities in the south west, understand their concerns and have working relationships with them. They all vary and have policy’s emphasizing important concerns relevant to their area and missed at ones risk.
Some areas such as Garden Cities have additional more detailed development controls, requiring separate application. EXTEND again has extensive experience dealing with the often more visual concerns of these bodies.
As well as planning more sensitive buildings are listed. These again require further permission, important as breach of process leads to criminal prosecution. We can advise, negotiate and make application on your behalf.
The plan-led system
The planning system in England and Wales follows a plan-led system. This involves preparing drawn plans that set out what can be built and where. The plan-led system is supported by legislation which is regularly updated.
Sustainable communities
All plans must take account of the sustainable needs of future communities. They must take account of the environment as well as setting out the sorts of development needed to help people live and work in the area.
Development control
Most new buildings or major changes to existing buildings or to the local environment need consent which is known as planning permission. Each application for planning permission is made to the local planning authority for the area. The application must include enough detail for the authority to see what effect the development could have on the area.
If the planning application is in line with the approved plan, the applicant can usually expect to receive planning permission within eight to twelve weeks.
Minor works
Some types of minor building work, such as a small extension, do not need planning permission and this is known as permitted development.
The effect of these developments on neighbours or the environment is likely to be small, and the government has issued a general planning permission to authorise them
The planning regulations were changed in October 2008 and many extensions and alterations to your home do not require planning permission as they fall within ‘permitted development’.
The work in these cases is deemed to be of a minor nature with little impact on the environment and surrounding properties.
However, individual circumstances can mean that you may think you do not require planning permission but, due to planning interpretation, you actually do. You may have built your extension without planning permission and then realise that you should have obtained it.
There may, for example, be an old public footpath at the rear of your property which means you are extending towards a highway or your permitted development rights were withdrawn by the council when the house was built.
In order to avoid problems when selling the property, we strongly advise that you obtain formal confirmation that planning permission is not required from your local council by obtaining a Certificate of Lawfulness.
A lawful development certificate has no function in determining whether consent may be required under other legislation such as the Planning (Listed Buildings and Conservation Areas) Act 1990.
What “lawfulness” means for planning purposes
Uses and operations are deemed to be “lawful” if no enforcement action may be taken against them and they are not in contravention of any enforcement notice which is in force. A failure to comply with any condition or limitation, subject to which planning permission has been granted, is “lawful” if the time for taking enforcement action in respect of the failure has expired and it does not constitute a contravention of any enforcement notice or breach of condition notice which is in force.
What a certificate does
A certificate granted for an existing use, operation or activity will specify (by reference to a plan or drawing) the area of land included in the certificate and describe the precise nature of the use, operation or activity which is certified as lawful. The certificate will not protect you from enforcement action by the planning authority if you subsequently change the specified use ‘materially’ without making a planning application for it.
A certificate granted for a proposed use or operation will describe the precise use or operations on a site in the terms considered permissible without the need to make a planning application for it.
The certificate will always give reasons why the use, operations or activity is, or would be, lawful. It will conclusively establish the lawfulness of the use, operations or activity covered by the certificate. A certificate granted for an existing use, operation or activity will not protect future development on the site. For example, an extension to an existing building described in the certificate, or the intensification of an existing use will not be covered. A certificate granted for a future use or operation will protect future development, but only if that future development is as described in the certificate and is undertaken before there is any material change in relevant circumstances. If the limitations specified in a certificate are exceeded, the landowner or occupier may be liable to enforcement action by the planning authority for any resulting breach of planning control.
Applying for a certificate
Applying for a Lawful Development Certificate is a very similar process to making a planning application except that it does not involve a public consultation process.
It takes around 6-8 weeks for an application to be processed and it is usually the job of an architect or designer to carry out the application as scaled drawings and other information will need to prepared and submitted.
Building Regulation
The Building Regulations are legal safety requirements that have grown over the years to include 14 sections with over a thousand rules.
Building Permission is needed to build. Only conservatories, garden sheds and a few other small structures are exempt. The regulations are organised as a series of laws with approved rules on how they may be achieved. Officers are appointed to ensure that all rules are followed or the structure must be dismantled.
The documents are now wide ranging and very detailed. Permission is best dealt with at the design stage, Full Plans Approval. Many projects suffer expensive problems by failing to deal with the plethora of regulations early on. Building Inspection Officers have a legal duty to enforce the regulation and cannot be argued with or ignored.
Structural stability (Part A)
This book of regulations deals with structural safety. Calculations proving beams, posts, roofs and even foundations are asked for these days. EXTEND can generally organise these at little extra cost.
Fire Precautions (Part B)
This book deals with not only fire safety but fire warning, fire spread and escape. The building officer treats this as the most important area after structures.
The prevention of dampness (Part C)
This section deals with the type and integrity of damp proofing designed into the structure.
Toxic substances (Part D)
This part is generally concerned with factories, refineries and warehouses.
Sound resistance (Part E)
There is growing annoyance about noise and the rules in this section have become more demanding over recent years. All partitions now have to be sound proof.
Ventilation (Part F)
Due to increasing amounts of insulation and more airtight buildings ventilation is not assumed anymore and detailed provisions must be made and agreed.
Hygiene (Part G)
This part deals with sanitary appliances, water supplies, hot water systems and the provision of washing facilities.
Drainage and waste disposal (Part H)
This section is really concerned with public health and the blocking of public drains but people are surprised how it affects small things down to sink wastes.
Heating appliances (Part J)
This regulation deals with the provision of any new heating appliance such as boilers including the safe discharge of flue gases.
Stairways (Part K)
This section is concerned with safe stairs and ramps, balustrades and headroom.
Conservation of fuel and power (Part L)
This book of regulations has grown out of all proportion due to concerns with global warming. It has actually been divided it on to books due to size. Buildings have to be measured for efficiency levels and new work must show how energy is conserved. The final goal of this section, that is becoming more demanding each year, is the enforcement of construction that has a zero effect on the planet. This is an area that Cernunnous homes can offer a great deal of help with.
Access (Part M)
This part of the regulations deals with access to buildings and facilities for disabled people.
The safe positioning of glazing (Part N)
Any new glazing to windows and doors that is installed will have to meet minimum standards and these are covered here.
Electrical safety (Part P)
This is the latest part of the regulations and any new electrical works are now controlled. Cernunnous Homes use approved electrician who are able to self-certify his works but a test certificate will be required in order to get the building regulations completion certificate.
CONSERVATORIES
Conservatories are now luxurious proper rooms but not so long ago were simple green houses. Because of this the regulations lag behind but probable not for long. Conservatories are exempt from the building regulations if they obey a series of tests such as being under 30 sq. mts. in area. Because of their exemption from permissions they have been very popular in recent times but people find them too cold in winter and too warm in summer.
PARTY WALL
There is growing concern over the Party Wall Act. This law is designed to put in place a contractual relationship between owners to simplify and safeguard the ancient law of taut that is expensive and timely to enforce.
The downside of the Act is that it is increasing being taken advantage of by surveying companies due to the generous government controlled fee it generates. This fee is charged to the house or land owner who undertaking a project and can amount to more than a £1000. Two neighbours £2000.
Simply put someone undertaking building work has of course to stand the cost of any damage to his neighbour building.
The more neighbourly approach to this matter is for a building owner to discuss their proposals with their neighbour, introduce his builder, provide clear drawings of the works then agree access, working times and assurances of remedies in the unlikely event of any damage may occur.
EXTEND can help in this process, meet your neighbours, photograph and survey conditions and of course guarantee the neighbour directly if are undertaking the building work.
There is a simple letter that your neighbour has to sign to agree to the arrangements. This can be supplied by Cernunnos.
As well as the party wall, a jointly owned wall, the Act also affects foundations within 3 mts. of a neighbour and special foundations within 6 mts. There are also rules on garden walls.
RESTRICTIVE COVENANTS, EASEMENTS AND WAYLEAVES
Land and if one, the buildings on it are defined almost universally by a deed. Deeds often contain restrictions known as covenants or rights known as easements. A covenant can be as bizarre as a restriction not to keep chickens as pets and an easement the right to receive light across another person’s land.
Negative easements could be unknown and when buying property a solicitor should research the restrictions or enjoyments the land property has. Solicitors are often guilty of not doing this thoroughly enough. The deeds are the easy place to look and people often remember odd covenants when glancing through their deeds before they are locked up by the bank.
POSSIBLE LINK www.homebuilding.co.uk/feature/restrictive-covenants
Most properties have simple deeds but it is best to research especially when buying land. Insurance can be gained to protect one from someone activating an easement over you if there is no traceable person who could benefit. This insurance can cost as little as £200.
Wayleaves have recently become a lot more of a problem. They grant the right for services to run under or over land. Recently the government made sewers a wayleave throughout Britain if the drain served more than one house. Problems arise as the owning water authority has a list of restrictions over their acquired right i.e. new foundations to be 1.5 mts away from the drain in some instances.
The Building Regulations are legal safety requirements that have grown over the years to include 14 sections with over a thousand rules.
Building Permission is needed to build. Only conservatories, garden sheds and a few other small structures are exempt. The regulations are organised as a series of laws with approved rules on how they may be achieved. Officers are appointed to ensure that all rules are followed or the structure must be dismantled.
The documents are now wide ranging and very detailed. Permission is best dealt with at the design stage, Full Plans Approval. Many projects suffer expensive problems by failing to deal with the plethora of regulations early on. Building Inspection Officers have a legal duty to enforce the regulation and cannot be argued with or ignored.
Structural stability (Part A)
This book of regulations deals with structural safety. Calculations proving beams, posts, roofs and even foundations are asked for these days. EXTEND can generally organise these at little extra cost.
Fire Precautions (Part B)
This book deals with not only fire safety but fire warning, fire spread and escape. The building officer treats this as the most important area after structures.
The prevention of dampness (Part C)
This section deals with the type and integrity of damp proofing designed into the structure.
Toxic substances (Part D)
This part is generally concerned with factories, refineries and warehouses.
Sound resistance (Part E)
There is growing annoyance about noise and the rules in this section have become more demanding over recent years. All partitions now have to be sound proof.
Ventilation (Part F)
Due to increasing amounts of insulation and more airtight buildings ventilation is not assumed anymore and detailed provisions must be made and agreed.
Hygiene (Part G)
This part deals with sanitary appliances, water supplies, hot water systems and the provision of washing facilities.
Drainage and waste disposal (Part H)
This section is really concerned with public health and the blocking of public drains but people are surprised how it affects small things down to sink wastes.
Heating appliances (Part J)
This regulation deals with the provision of any new heating appliance such as boilers including the safe discharge of flue gases.
Stairways (Part K)
This section is concerned with safe stairs and ramps, balustrades and headroom.
Conservation of fuel and power (Part L)
This book of regulations has grown out of all proportion due to concerns with global warming. It has actually been divided it on to books due to size. Buildings have to be measured for efficiency levels and new work must show how energy is conserved. The final goal of this section, that is becoming more demanding each year, is the enforcement of construction that has a zero effect on the planet. This is an area that Cernunnous homes can offer a great deal of help with.
Access (Part M)
This part of the regulations deals with access to buildings and facilities for disabled people.
The safe positioning of glazing (Part N)
Any new glazing to windows and doors that is installed will have to meet minimum standards and these are covered here.
Electrical safety (Part P)
This is the latest part of the regulations and any new electrical works are now controlled. Cernunnous Homes use approved electrician who are able to self-certify his works but a test certificate will be required in order to get the building regulations completion certificate.
CONSERVATORIES
Conservatories are now luxurious proper rooms but not so long ago were simple green houses. Because of this the regulations lag behind but probable not for long. Conservatories are exempt from the building regulations if they obey a series of tests such as being under 30 sq. mts. in area. Because of their exemption from permissions they have been very popular in recent times but people find them too cold in winter and too warm in summer.
PARTY WALL
There is growing concern over the Party Wall Act. This law is designed to put in place a contractual relationship between owners to simplify and safeguard the ancient law of taut that is expensive and timely to enforce.
The downside of the Act is that it is increasing being taken advantage of by surveying companies due to the generous government controlled fee it generates. This fee is charged to the house or land owner who undertaking a project and can amount to more than a £1000. Two neighbours £2000.
Simply put someone undertaking building work has of course to stand the cost of any damage to his neighbour building.
The more neighbourly approach to this matter is for a building owner to discuss their proposals with their neighbour, introduce his builder, provide clear drawings of the works then agree access, working times and assurances of remedies in the unlikely event of any damage may occur.
EXTEND can help in this process, meet your neighbours, photograph and survey conditions and of course guarantee the neighbour directly if are undertaking the building work.
There is a simple letter that your neighbour has to sign to agree to the arrangements. This can be supplied by Cernunnos.
As well as the party wall, a jointly owned wall, the Act also affects foundations within 3 mts. of a neighbour and special foundations within 6 mts. There are also rules on garden walls.
RESTRICTIVE COVENANTS, EASEMENTS AND WAYLEAVES
Land and if one, the buildings on it are defined almost universally by a deed. Deeds often contain restrictions known as covenants or rights known as easements. A covenant can be as bizarre as a restriction not to keep chickens as pets and an easement the right to receive light across another person’s land.
Negative easements could be unknown and when buying property a solicitor should research the restrictions or enjoyments the land property has. Solicitors are often guilty of not doing this thoroughly enough. The deeds are the easy place to look and people often remember odd covenants when glancing through their deeds before they are locked up by the bank.
POSSIBLE LINK www.homebuilding.co.uk/feature/restrictive-covenants
Most properties have simple deeds but it is best to research especially when buying land. Insurance can be gained to protect one from someone activating an easement over you if there is no traceable person who could benefit. This insurance can cost as little as £200.
Wayleaves have recently become a lot more of a problem. They grant the right for services to run under or over land. Recently the government made sewers a wayleave throughout Britain if the drain served more than one house. Problems arise as the owning water authority has a list of restrictions over their acquired right i.e. new foundations to be 1.5 mts away from the drain in some instances.