|
|
| |
Invariably, the starting point is seeking a planning permission. The 1990 Planning Act and Listed Building and Conservation area Act governs the planning process. Experience and strategy are essential ingredients in constructing a planning application, and improving the chance of success, whatever the scale or nature of the proposal. |
| |
The planning acts states that if the work you intend to carry out is 'development', then permission is required. 'Development' includes the construction of new buildings, substantial alterations and additions. A fundamental ‘Change of Use’ of land or buildings will also, in most cases, require planning permission. |
| |
Planning permission is not generally needed for internal alterations to buildings that do not affect their structure or external appearance, for small external works, or most works of repair and maintenance. Different planning requirements apply in Conservation Areas or for Listed Buildings, and a separate application will be required in these cases and should be submitted with the planning application.
|
| |
| From the date of registration, the Planning Authority is allowed 8 weeks to determine the application. Determination (ie approval or refusal) does not become lawful until the notice itself is issued. In the event of an application not being determined within 8 weeks, one can appeal on the grounds of 'non-determination'. |
| |
| The full planning application process, from the initial client enquiry to the application determination, is shown on the Planning Application Flowchart. |
|
|
| |
| |
| Planning Application Requirements |
| |
As of 1st April 2008 all planning application forms were standardised nationally, whereas before they were particular to each individual planning authority. This 'standardisation' has resulted in the forms now comprising of 10 pages whereas before they were just 3 - 4 pages. The increase in and to a degree the complexity of the forms (excepting samll householder development) make it more important for applicants to seek professional advice with the construction and submission of planning applicaitons. |
| |
Our experienced team will produce all necessary plans, drawings and documentation throughout the planning process. From an initial site visit and advice, to surveying the existing site, producing drawings, compiling the application, constructing the Design and Access Statement and FRA’s (Flood Risk Assessments) and Section 106 unilateral agreements where required by the LPA. |
| |
| |
Planning, Design and Access Statements |
| |
On the 10th August 2006 the Government introduced a new compulsory requirement for Design and Access Statements for some categories of applications.
A Design and Access Statement is a document accompanying and supporting the planning application to describe the process that has led to the development proposal in a structured manner. At Olorun we fully recognise the importance of this document in the process of determining an application, as it is crucial that it the statement is concise and informative to ensure that the proposal is fully explained. It is our practice with the Statement to include reference to Planning Policy both Local and National, and where appropriate, appeal decisions and ‘case law’ to fully set out the justification for the application.
|
| |
| |
Flood Risk Assessments |
| |
The susceptibility of land to flooding is a material consideration in determining planning applications. If the property or site is within a flood zone, it will be necessary to submit a FRA (Flood Risk Assessment) for the Environmental Agency as part of the application. |
| |
| |
| Ecological Assessments – Wildlife and Habitat Surveys |
| |
Wildlife surveys are required for many developments as part of the planning and listed building consent process. Several species are protected including bats, barn owls, badgers, newts, dormice, reptiles, water voles, slow-worms and nesting birds. ‘Bat and owl’ surveys are commonly required, especially when developing old buildings and barns. Often simple changes to the timing and methods of the works can be modified so they have little or no impact on wildlife. In some instances this may require ‘re-location’ of the protected species.
If there are protected species of plants, such as orchids, on the site, it may be necessary that a habitat survey is carried out.
This type of survey is carried out by an Ecological Consultancy. |
| |
| |
| Planning (Section 106) Agreements |
| |
The practice by local authorities of requiring ‘developer contribution’ subject to a planning permission has become more widespread. Whereas it used to be limited to major developments it can now affect a wide range of developments down to ‘householder developments’, dependent upon the local planning authority. These developer contributions can range from: infrastructure improvements (i.e. highways, drainage, etc.); public open space; public transport; education. Both the type of contribution and the sums involved vary from authority to authority. The requirement by some authorities of pre-payment of these contributions at the time of making a planning application is not a practice that is approved by government. At present there is no legal requirement for pre-payment; consequently, it would be unlawful for a planning authority to refuse an application on these grounds. |
| |
