Changes to the Planning System

Changes from 1st October 2009

The Government has announced that the power to extend the time limits for existing full planning permissions will apply to all eligible consents and not just those for major development. For more information is available at:

http://www.planningportal.gov.uk/england/professionals/en/1115316730890.html

New Application Forms for Application for a New Planning Permission to replace an Extant Planning Permission, Associated Listed Building and/or Conservation Area Consents in Order to Extend the Time Limit for ImplementationApplication for a Non-material Amendment Following a Grant of Planning Permission- 1st October 2009

The new forms can be found on the Planning Portal using this link:

http://www.planningportal.gov.uk/england/genpub/en/1011888236124.html

GDPO Regulations amended:

Amendment Regulations have been laid relating to the General Development Procedure Order in England. These come into effect on 1/10/2009 and prescribe the application procedure for non-material changes to planning permissions. Applicants must apply on a standard form, must notify other owners and notice of a decision must be given within 28 days. The amendments also modify the consultation requirements in respect of applications under sec. 7 to vary conditions. In addition they amend the procedures for future applications for permission to replace an extant permission with a permission subject to a new time limit. For these no design and access statement is required, consultation requirements are modified and plans and drawings will not have to be provided. The Order The Town and Country Planning (General Development Procedure) (Amendment No. 3)(England) Order 2009 may be viewed at http://www.opsi.gov.uk/si/si2009/pdf/uksi_20092261_en.pdf

The Explanatory Memorandum, which also covers the listed building/conservation area consent changes noted below, is to be found at http://www.opsi.gov.uk/si/si2009/em/uksiem_20092261_en.pdf

Related amending regulations have also been laid removing the requirement to include three copies of the form and a design and access statement from applications for listed building and conservation area consent where applications to replace an extant consent meet specified criteria. The instrument - The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2009 may be viewed at http://www.opsi.gov.uk/si/si2009/pdf/uksi_20092262_en.pdf

Householder Planning Appeals - changes from 6th April 2009

21st Century Appeals Service

Changes that are being introduced by the planning act 2008 are designed to ensure that the appeal process is simpler, easier and more efficient for all the main parties. In order for this to happen, there will be a number of changes that will have to occur. These pages will provide you with all the information you need on the changes introduced by the Planning Act. At the moment there is only the initial information we have sent to Local Planning Authorities. The remaining guidance will be added shortly.

Applications received from 10th August 2006
Design and Access Statements

Certain applications must be accompanied by a Design and Access Statement and will not be registered without it.

This applies to all applications for planning permission except:

Engineering or mining operations
Changes of use
Householder development outside of any conservation area; Area of Outstanding Natural Beauty (AONB)

Any application falling within this requirement must be accompanied by a design and access statement. The statement must include:

An explanation of the design principles and concepts that have been applied to the following aspects of the development
Amount (number of units or for non residential development, proposed floorspace)
Layout
Scale
Landscaping
Appearance

Demonstration of the steps taken to appraise the context of the development (physical/social/economic/policy) and how the design of the development takes that context into account in relation to its proposed use and each of the aspects above;

Explain the policy adopted as to access and how policies relating to access in relevant local development documents have been taken into account;

State what consultation has been undertaken on issues relating to access to the development, and what account has been taken of the outcome of any such consultation;

Explain:

how any specific issues which might affect access to the development have been addressed
how prospective users will gain access to the development from the existing transport network
why the main points of access to the site and the layout of access routes within it have been chosen
how features which ensure access to the development will be maintained

These statements must be included in the Planning Register (Therefore will be scanned onto the Council’s web site)

In relation to all applications for Listed Building Consent a design and access statement will be required setting out the design principles and concepts that have been applied to the works and (except for works to the interior of the building), how issues relating to access to the building have been dealt with.

The statement must explain:

the design principles and concepts that have been applied to the scale; layout and appearance of the listed building; and
how these principles and concepts take account of:
- the special architectural or historic importance of the building
- the particular physical features of the building that justify its designation as a listed building; and
- the building’s setting
the policy adopted as to access, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been taken into account
how the policy relating to access takes account of:
- the special architectural or historic importance of the building
- the particular physical features of the building that justify its designation as a listed building; and
- the building’s setting
What, if any, consultation has been undertaken and what account has been taken of the outcome of any such consultation
How any specific issues which might affect access to the building have been addressed
How features which ensure access to the building will be maintained

Appearance is defined as the aspects of a building which determine the visual impression it makes, including the external built form of the building, its architecture, materials, decoration, lighting, colour and texture

Layout is defined as the way in which a building is situated and orientated in relation to other buildings, routes and spaces. Please see the link to Government information on this subject: Communities and Local Government

" As part of its commitment to drive up standards of design and quality in all new developments, planning applications will require a Design and Access Statement from today (Thursday 10 August), Planning Minister Baroness Andrews has announced."

Outline Applications

The rules on outline applications also change for applications subject from 10th August 2006.

The list of 'reserved matters' will change to layout, scale, appearance, access and landscaping.

There is now a minimum amount of information to be submitted with an Outline application.

Where layout is a reserved matter the application for outline planning permission shall state the approximate location of buildings, routes and open spaces included in the development proposed. ("layout" means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development.)

Where scale is a reserved matter the application for outline planning permission shall state the upper and lower limit for the height, width and length of each building included in the development proposed. ("Scale", means the height, width and length of each building proposed within the development in relation to its surroundings;)

Where access is a reserved matter the application for outline planning permission shall state the area or areas where access points to the development proposed will be situated. ("Access", in relation to reserved matters, means the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network)

Landscaping, in relation to a site or any part of a site for which outline planning permission has been granted or, as the case may be, in respect of which an application for such permission has been made, means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provision of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features.

Appearance means the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture.

More detailed information can be found in Department for Communities and Local Government (DCLG) Circular 01/2006 which can be downloaded from the DCLG website: Communities and Local Government.

For further information please contact our Planning office on: 01803 861234