Planning permission is required for certain types of advertisements and advertisements in specified areas. Copies of a Direction made under the relevant legislation must be kept open to inspection.
Each planning authority must keep and maintain a register of brownfield land in it's area. Brownfield land is land which has been previously developed and which might be suitable for housing development. Registers may be kept in two parts. The first part (which is mandatory) is for sites categorised as previously developed land which are suitable, available and achievable for residential development. The second part of the register (which is optional) allows the planning authority to select sites from part one and grant permission in principle (PiP) for housing-led development. Further guidance can be found at http://schemas.opendata.esd.org.uk/brownfield.
The Community Infrastructure Levy (CIL) is a planning charge that Local Authorities and the Mayor of London can set on new development to help pay for community infrastructure.
Anyone wishing to carry out work on trees within a conservation area must give the relevant planning authority six weeks' notice of intention to do these works and must not commence work within that period. This will give the planning authority time to consider whether or not to place a tree preservation order on the tree or trees.
Development Control is responsible for the determination and monitoring of planning applications, and other associated applications (listed building consent, advertisement consent etc) submitted to the Council under planning legislation.
As part of development control enforcement the Council deals with breaches of planning control and investigates complaints about unauthorised development.
Where a condition has been imposed on a development when planning permission is granted the developer needs to make sure that the conditions are discharged either prior to the commencement of development or prior to occupation as appropriate. The developer must apply to the local planning authority for a discharge of the condition(s).
Any proposed development over 0.5 hectares and/or which may have significant impact on the local environment may require an Environmental Impact Assessment (EIA) to be carried out as part of the planning application process. The planning authority may provide advice regarding the need for an EIA and work with the applicant to scope the topics and detail to be covered in the environmental statement which needs to accompany the planning application.
A person proposing to alter, extend, build or change the use of premises must apply for planning permission for development from the local authority. Planning permission for businesses is usually granted in line with the development plan for the area which will include policies relating to commercial and industrial development. In the UK this is done by filling in the Standard Planning Application Form (1APP) and meeting all of the Planning Application Requirements (PAR).
Search of official records for information such as registerable charges, improvement grants, tree preservation orders, road schemes, planning history etc. on a plot of land.
A Certificates of Lawful Use or Development for existing use (CLEUD) can be issued to establish that an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful. An application for a CLEUD may be made in response to planning enforcement action or to confirm that the property cannot be subject to enforcement action in the future.
A Certificates of Lawful Use or Development for proposed use (CLOPUD) can be issued by local planning authorities to confirm that a proposed development complies with planning regulations. A developer would apply for a CLOPUD prior to submitting a full planning application.
Local Development Orders (LDOs) are used to simplify the planning process by allowing certain developments to take place without the need for a planning application to be made. This provides an incentive for developers to proceed without the time and cost implications of having to submit a planning application.
A Neighbourhood Development Order can enable the community to grant planning permission for new buildings they want to see go ahead and allow new homes and offices to be built without developers having to apply for separate planning permission.
Applications for outline planning permission seek to establish whether the scale and nature of a proposed development would be acceptable to the local planning authority, before a fully detailed proposal is put forward. This type of planning application allows fewer details about the proposal to be submitted. Once outline permission has been granted, the applicant will need to ask for approval of the details (“reserved matters”) before work can start.
Area searches provide a check of the neighbourhood surrounding a property to find out what planning applications have been approved or refused. It provides current and historic planning application information for a specified area around a chosen property.
The involvement of the public in the planning process. When planning applications are submitted there is a comprehensive system in place which ensures that proposals are publicised in order to invite comments from the local community. Where a development may be controversial a public enquiry may be held.
The local authority is required to issue a formal decision notice on all planning applications. Notices should clearly state whether planning permission is granted or refused and should also provide the applicant with information on how to appeal any decision.
Where changes are required to a development plan after planning permission has been granted and these changes include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved, an application may be made to the local planning authority to make a minor material change to the plans.
Where changes are required to a development plan after planning permission has been granted and these changes do not affect the scope of the development in any material way, an application may be made to the local planning authority to make a non-material change to the plans.
A Planning Obligation (also known as ‘Section 106’) is a legally binding agreement made between the developer and the Council which is drafted where necessary to make an application acceptable in planning terms.
Prior to submitting a planning application the applicant can meet with a planning officer for an informal discussion of the proposed plans. Pre-application advice can verify the list of local requirements each planning authority can require, reduce the likelihood of submitting invalid applications and help in understanding how planning policies and other requirements affect the proposals.
An application for approval of reserved matters should be used after an outline planning application has been approved. A reserved matters application deals with some or all of the outstanding details of the outline application proposal, including: appearance, means of access, landscaping, layout and scale.
Some proposals for developments involving telecommunications, demolition, agriculture or forestry are subject to a process whereby details are notified to the local planning authority prior to the development taking place.
Where planning permission or listed building consent has previously been granted with conditions the applicant may apply to have one or more conditions removed or varied.
If a resident is thinking of making alterations to their house/flat they will need to consult the planning section to see if they require planning permission. Applicants will need planning permission if the applicant's property is a listed building, if the applicant is planning to alter or extend their home, if there is a change of use (working from home) and no longer a main home or if the applicant is interested in putting up a new home. In the UK, if planning permission is required, the resident must fill in the Standard Planning Application Form (1APP) and meet all of the Planning Application Requirements (PAR).
Councils keep a register of individuals (or groups of individuals) who are interested in self building or custom huilding their home.