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Planning advice and guidance

 

What needs planning permission?

Most kinds of development require planning permission.

 

The term 'development' is very broad and could mean any of the following:

  • Building work such as a house, factory, shop or extension
  • Changing the use of buildings or land (such as piding a house into flats or using land for a different purpose, or running a business from home)
  • Erecting walls, fences or other structures
  • Forming a new vehicle access

In addition, the Council’s consent is usually required to alter a listed building, to demolish a dwellinghouse or a building within a conservation area, to lop or fell a tree within a conservation area or one subject to a preservation order, or to display an advertisement.

 

Due to changes in the regulations on permitted development (see below) we cannot give you informal advice on whether planning permission is required for all but the simplest of cases.  If you require advice on whether permission is required you are advised to apply for a formal determination via a Lawful Development Certificate.  Please see our Lawful Development Certificate page for more information.

 

Permitted Development

Some building works of a minor nature can be carried out without the need to obtain planning permission – these are generally referred to as "Permitted Development". They are subject to the proposal meeting very strict criteria, for example relating to size and detailed positioning.

 

As the law relating to planning permission is complex, and the rules governing "Permitted Development" can change from time to time, you are strongly advised to seek advice from the council before carrying out any development to check whether permission is required for what you want to do. You may also find that you need approval under the Building Regulations or other legislation before starting work, even though planning permission is not required.

 

Particular care must be taken if the house is a listed building, within a conservation area, affected by an Article 4 Direction, or is in the Area of Outstanding Natural Beauty (AONB). In these circumstances special rules apply.

 

Amendments to the permitted development regime for householders

On 1 October 2008 the government introduced changes to householder permitted development. 

 

View the Town and Country Planning (General Permitted Development)(Amendment)(No.2)(England) Order 2008.  The Order amends Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO) and will put in place a new permitted development regime for householders.

 

The legislation represents a significant change to the current system and will supersede the current permitted development for householder extensions and alterations, porches and outbuildings. For full details of these changes please visit the planning portal website. Information can be found under 'householder planning rules' in the 'general public section' on the planning portal website.

 

The Planning Portal

You can do some initial investigation yourself by using the Planning Portal. Their visual guide to planning permission for householders will provide useful information

 

Planning Fees

 

Statutory Fees

These fees may apply for the following applications:

  • Applications for full or outline planning permission
  • Applications for the approval of reserved matters following an outline planning permission
  • Applications to vary or remove conditions on planning permissions
  • Applications for advertisement consent
  • Applications for certificates of lawful development
  • Applications for prior approval under the General Permitted Development Order
  • Applications for non-material (minor) amendments
  • Applications for extension to the time limit for implementing permission

Fees for applications received before 21st November 2012

Fees for applications received after 21st November 2012

 

Conditions Fees

 

Application to discharge conditions related to a permission

As you maybe aware the Government issued the new circular that goes with the revision of the fees for applications on the 9th April 2008.  There is now a charge for the submission of any application/request for the discharge of a planning condition. The fee chargeable by the authority is £97 per request (or £28 where the related permission was for extending or altering a dwellinghouse or other development in the curtilage of a dwellinghouse).  Any requests to discharge conditions on a planning permission received from the 1 May 2008, irrespective of when the permission was granted, will therefore not now be a valid submission unless and until we receive the fee.  The fee is per request and so if you ask for more than one condition to be discharged at the same time only one fee will be charged.  Each separate request will attract a fee as will any request to amend a previously approved detail.  When resubmitting condition details there is no possibility of a free go.

  • £97 - The standard fee for conditions per request; or
  • £28 - Where the related permission was for extending or altering a dwellinghouse or other development in the curtilage of a dwellinghouse.

Written confirmation of conditions previously discharged relating to a permission

 

 Where a request is made for written confirmation of those conditions imposed on a particular permission that have been complied with or those that are still outstanding a fee is payable.

  • £97 - Per request; or
  • £28 - Where the related permission was for extending or altering a dwellinghouse or other development in the curtilage of a dwellinghouse.

Pre-Application Fees

 

Written Advice for Householder applications

£36 (£30 + VAT) will be charged for written advice on Householder applications - such as extensions and alterations to single dwellings.  Our duty desk service will continue to provide free advice, but this will not include the research and work undertaken in a written response.

 

Householder Advice involving meetings with Officers

£85 (£70.83 + VAT) for an hour long meeting with a Planning Officer.

 

Written Advice for small commercial applications

£60 (£50 + VAT) will be charged for written advice on all small proposals that will require a consent from the local planning authority under the Planning Acts and not covered by the Householder fee above. This includes changes of use, advertisement and other related applications.

 

Written Advice for Minor applications

£120 (£100 + VAT) will be charged for written advice on all Minor proposals. This includes all applications not covered by the definitions for householder, small or Major proposals (see below).

 

Advice involving meetings with Officers

£320 (£266.67 + VAT) for an hour long meeting, additional meetings maybe required and these will be charged at the same rate.  The Planning Officer will agree the need for additional meetings and may recommend the involvement of third parties if it is felt necessary (Specialist Advice, Ward Members, Parish councils etc.).  

 

Other Pre-Application Fees

We also offer a pre-application advice service for Tree Applications and Listed Buildings, as well as providing pre-application advice from Heritage, Landscape and Design on Planning Applications.  The fee is £120 (£100 + VAT). More information on these can be found in the Heritage, Landscape and Design section. 

 

Administration fees

Research of Permitted Development Rights and Planning Histories

 

This provides confirmation of whether or not permitted development rights have been removed from a dwelling. You may need to know this to confirm if planning permission is required or not.

  • Research on Planning Histories: £36 (£30 + VAT)
  • Research on Permitted Development Rights: £36 (£30 + VAT)
  • If no research is required there will be no fee but photocopying charges may be required.

We aim to carry out this research within 10 working days of receiving the request.

 

Search planning applications

Type the planning reference (eg. 09/1001) into the text box below and click search.

    Advanced search

 

S106 Agreements

A Section 106 is a  legal agreement made under the Town and Country Planning Act 1990 by the Local Planning Authority with a developer (or other interested parties in the land) in order to ensure that works which become essential as a result of the approval of planning permission are implemented.

 

Planning obligations or s106 agreements are private agreements negotiated usually in the context of a planning applications. They are intended to make acceptable a development which would  otherwise be unacceptable in planning terms. Obligations can also be secured through unilateral undertakings by developers

 

Contributions may either be in kind or in the form of a financial contribution.  In the case of financial contributions, payments can be made in the form of a lump sum or an endowment, or, if beneficial to all parties and not unduly complex, as phased payments over a period of time, related to defined dates, events and triggers.

 

The council will often collect contributions on behalf of other parties ie Kent County Council or the Primary Healthcare Care Trust  and covenant to use the contributions as determined in the agreement.

 

In the last financial year, 2008-09 £1.14 million was collected by way of s106 agreements.

 

See also:

Application forms and guidance

Apply for planning permission

Design and access statements

Planning checklist

Planning applications - residential

Pre-application advice

Validation advice and checklists

 




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