Development Control - Frequently Asked Questions
1. Do I need Planning Permission?
2. How do I apply for Planning Permission?
5. Will my fee be refunded if my application is refused?
6. What happens to my application once it is submitted?
7. How long should it take to process my planning application?
8. Can I start work when planning permission has been granted?
9. Can I appeal against the decision if I am not happy with it?
10. How can I find out what is proposed in my neighbourhood?
11. Can I object to a planning application?
13. Do I need to give the Council notice or obtain permission if I intend to demolish my building?
15. Can I cut down a tree on my property without permission?
16. What if I want to put up a sign or advertisement?
17. Can I choose the number and name of my new home?
18. Do I need planning permission for a satellite dish?
1. Do I need Planning Permission?
The
Town and Country Planning Act 1990 says that if the work you intend to carry out is 'development', then
permission is required. 'Development' includes building and engineering operations, and also changing
the use of buildings or land. However, in certain cases where minor development is proposed, planning
permission is sometimes 'automatic'; that is, it is already granted by law and a specific application
to the District Council is not required. This is known as 'permitted development'. Permitted development
may include:
- minor house extensions (if the house has not been extended before);
- porches;
- garages;
- outbuildings;
- gates, fences and walls;
- hardstanding for vehicles;
- oil storage tanks;
- access to a minor road;
- external painting;
- some changes of use, for example, changing a general industrial building to business use;
- industrial developments, for example, an extension to an industrial building or the installation of machinery below 15 metres high;
- some advertisements.
If you wish to know if your proposed
development requires planning permission, please complete our online Householder Enquiry
Form or for a downloadable version go to our downloadable forms page.
This form, including the facility to add a sketch plan and brief detail of the development, will be
assessed by a planning officer who will respond to your query.
Proposals
to construct agricultural buildings now have to be notified to the Council and the Authority can reserve
the right to approve the siting and design.
Planning control also applies
to the demolition of dwelling houses outside conservation areas.
Flats
do not have permitted development rights, and listed buildings (buildings listed by the Department of
Culture, Media and Sport as having special architectural or historic interest) and buildings situated
within Conservation Areas are also subject to special controls.
The Council
have powers to remove permitted development rights for specific types of development by imposing a planning
condition on a planning permission or by issuing an Article 4 Direction, made when the character of
an area of acknowledged importance would be threatened. Within areas covered by an Article 4 Direction
a planning application must be submitted for work that would not normally require one. Such applications
do not, however, attract a fee.
The rules governing permitted development
rights are sometimes complex, and all those contemplating carrying out work are encouraged to complete
our online Householder Enquiry Form to see if planning permission is required,
to download this form go to our downloadable forms page. It
is also
worth checking whether Building Regulations approval is
needed, as this is often required even when planning permission is not necessary.
2. How do I apply for Planning
Permission?
An application is made on a standard form which may
be downloaded from the Council's website, or is obtainable from the Reception at
Knowle, Sidmouth between 8.30am and 5.00pm Monday to Friday. Four copies of the standard application
forms and four sets of detailed plans showing the proposed development, including a site plan, must
be submitted. Notes for applicants are included with the application forms.
East
Devon District Council now accept planning applications made using the Planning Portal
- the Governments on line planning service. Using this service, you are able to applications forms,
plans, and maps, and also pay on line. For further information on this, please visit the Planning
Portal web-site.
Applications can be made for various types of planning permission, depending upon the applicants particular needs. The types of planning applications that can be submitted are:
- Outline planning application: Anyone wanting to erect buildings on a site can make an outline application for planning permission in order to establish whether the proposal is acceptable in principle, avoiding the expense of preparing detailed plans. However, where the setting of a Listed Building is affected or if the site is in a Conservation Area the Council may only be able to make a proper decision when more details are submitted and thus an outline application in some circumstances may not be acceptable.
- Approval of reserved matters: When outline permission has been given, an application for approval of the details, or reserved matters, should follow at a later date.
- Full planning application for change of use: This is needed if you wish to make a change in the use of land or buildings, or to erect buildings where you are in a position to supply the frill details. You cannot make an Outline application for a change of use).
- Renewal of time-limited permission.
- Renewal of temporary permission or an application to retain a previous permission but without complying with a condition or conditions imposed.
- Full planning application: This is required when applying for works to a building which is not a dwelling.
- Householder planning application: This is required for small householder developments taking place within the curtilage of a dwelling.
3. I wish to start my own
business or extend my existing factory or commercial premises. What do I have to do to obtain planning
permission?
Planning applications for industrial and other commercial
developments, including retail developments, are made on the standard application
forms, although additional information is required on the type of processes to be carried
out, the floor areas involved, the number of employees and arrangements for car parking and servicing
facilities. The District Council is keen to encourage development where jobs will be created so long
as other Planning interests are not harmed, e.g. character of the area and road safety.
4. Will I have to pay a fee?
A fee is required for most planning applications. The fee is assessed
on a scale of charges set by Government, details of which may be obtained from the Planning Department.
A planning application cannot proceed until the correct fee has been received. Find
out about planning fees.
A number of planning applications are exempted from fees, or fees are reduced. Among the more common are:
- Extensions and alterations to disabled person's dwelling house to improve access, safety and comfort.
- Applications by Parish Councils.
- Revised application for development of the same character or description within 12 months of a refusal or withdrawal of an earlier application.
- Revised or fresh application for development of the same character within 12 months of receiving planning permission.
- Applications for Listed Building Consent.
5. Will my fee be refunded
if my application is refused?
No. The law does not allow the District
Council to refund fees in this eventuality.
6. What happens to my application
once it is submitted?
It is checked to ensure that the forms are
properly completed and the relevant plans are attached. If the application is incomplete, it will be
returned with a note of the additional information required. Once an application is complete, a letter
of acknowledgement is sent to the applicant (or his or her agent) and the Planning Service will carry
out the necessary consultations. Typical consultees will include the Town
or Parish Council, the County Highway Authority, South West Water and the Environment Agency
Certain
applications may be determined under powers delegated to the Head of Development Control and the Chairman
of the Development Control Committee. All other applications come before the Development Control Committee
for decision.
7. How long should it take
to process my planning application?
The normal period for determining
a planning application, by statue, is eight weeks. However, more time may be needed if the proposal
is of major importance, controversial, or if amendments are needed following the various consultations.
8. Can I start work when planning
permission has been granted?
Check first that you have all the
approvals you require; approval under the Building Regulations,
for example. Also, carefully read the conditions attached to your approval (these are printed on your
Decision Notice which informs you of the Council's decision, and will be sent to the applicant or, if
they have one, their agent) to see whether any 'pre-commencement' conditions have been imposed. Such
conditions require you to submit some additional information prior to commencing works. For example,
you may be required to submit samples of the proposed materials. When submitteing information in these
circumatances, it is necessary to submit a 'Discharge of Condition' application form and the relevant
fee. The application form, and information about the fee, can be obtained from the application
forms page of this web-site.
Please remember that planning permission does not give you any right to go on to other people's land during construction.
9. Can I appeal against the
decision if I am not happy with it?
YES. An appeal may be made
to the secretary of State for the Environment, Transport and The Regions if:
- permission has been refused;
- a condition imposed on a permission is considered by you to be unnecessary or unreasonable;
- the Council does not determine the application within eight weeks.
Details of the appeal procedure are included with the decision notice, or may be obtained from the Planning service.
10. How can I find out what
is proposed in my neighbourhood?
The Planning Online
section of this web-site now enables you to view information relating to all planning applications made
to the Council. Using this service, you can view the documents submitted with each application (from
1st December 2005 onwards), as well as searching for applcations within a certain area. The Planning
Online service also provides facilities for electronically submitting comments about planning
applications.
If you wish to keep abreast of new planning applications, lists of applications made, and decision reached can be found on the Planning Online service. In addition, weekly lists of applications are published in some local newspapers. You also have a right to inspect all Committee agendas three days before the meeting.
Plans can be inspected by the public either on line using the Planning Online service, or at Sidmouth, Exmouth, Honiton, Budleigh Salterton, Ottery St Mary, Seaton and Axminster town council offices. For town council opening hours use this link.
Finally, you can ask for an explanation of the Councils planning policies for the area, by contacting the Policy and Conservation Section.
11. Can I object to a planning
application?
YES. However, as a general rule, you should try and
see the plans and application form before objecting. These can be inspected using the Planning
Online Service or at the Reception at the Council Offices, Knowle, Sidmouth during opening
hours of 8.30am to 5.00pm Monday to Friday, or at the appropriate local office to which we send copies.
If they have been submitted by your neighbour, they might let you examine their copy of the application.
Satisfy
yourself that you understand the plans and if you are in any doubt always seek advice from the planning
staff.
A guide for objectors can be obtained through this
link. (101KB - 23 November 2010 - PDF Help)
The Development Management
Committee looks at the proposal from all points of view, but as a rule, planning applications
will be approved unless there are sound reasons for refusal, although in many cases conditions will
be attached to make the proposal more acceptable. Some applications may be subject to a site inspection
by the Planning Inspections Committee.
You
should be aware that the Development Control Committee cannot take account of fears value of property,
loss of view, disputes between neighbours on boundary and existing problems which have nothing to do
with the proposal.
Objectors have no right of appeal against the eventual
decision but should you believe that an application was dealt with improperly, you may refer the matter
to the Local Government Ombudsman. Details of the procedure may be obtained from the Council
Offices from the Policy Officer
12. Are there any special
rules affecting me if I own a building listed by the Department of Culture, Media and Sport as being
of special architectural or historic interest?
YES. Listed buildings
are given more protection than is otherwise the case. This does not mean that no alteration is possible,
but alterations, additions or demolition must have Listed Building
Consent from the District Council, as well as Building
Regulation approval and, possibly, also planning permission. You should note that it is
a criminal offence to carry out any works either to the exterior or interior which would affect the
character of a listed building without first obtaining listed building consent.
A
listed building application is handled like a planning application. Alterations to Grade I and II* buildings,
and any demolitions, are referred to the Department of Culture, Media and Sport.
Listed
Building Consent applications do not require payment of a fee.
13. Do I need to give the
Council notice or obtain permission if I intend to demolish my building?
The
general answer is "yes" both for Planning and under the Building Act. If a building is within
a Conservation Area, Conservation Area Consent will be required in most cases. It is always best to
check with the Planning Service before undertaking such works.
14. How can I make sure that
the District Council recognises the current use of my building or land as lawful?
In
the vast majority of cases, the question of the existing use will be clear- cut, but if there is an
element of doubt, and you have no record of planning permission being granted, you may apply
for a "Certificate of Lawfulness". This certificate would, if granted, preclude
the Council from taking enforcement action at a later date. The appropriate form may be downloaded
from the Council's website, or obtained from the Reception, Council Offices, Knowle, Sidmouth
between the hours of 8.30am and 5.00pm, Monday to Friday.
15. Can I cut down a tree
on my property without permission?
Not if it is protected by a
Tree Preservation Order or a planning condition, or is within a Conservation
Area. Tree Preservation Orders are made by the District Council to protect important or
individual groups of trees and, if worthwhile trees are threatened, a provisional order can be made
quickly. Anyone wishing to trim or cut down a protected tree must obtain consent
to work on trees from the District Council although, in an emergency, work on dead or dangerous
trees may proceed without consent, providing they are replaced.
16. What if I want to put
up a sign or advertisement?
Display of advertisements is covered
by the Advertisement Regulations. Consent is required under these regulations for most signs or advertisements
particularly if they are illuminated or are not sited on the building to which they relate. It is advisable
always to check with the Planning Service before displaying any signs or advertisements. You may need
to obtain an application form for advertisement consent
from the Reception, Council Offices, Knowle, Sidmouth between the hours of 8.30am and 5.00pm, Monday
to Friday.
17. Can I choose the number
and name of my new home?
Once a planning application has been approved
for a new dwelling or dwellings, and work is about to commence, the developer needs to contact this
Authority for the allocation of an official postal address.
For house
name changes, proposed house name changes should be directed through the Local Authority who will liase
with the Royal Mail Address Management Service Centre, to ensure the name chosen is not already being
used within that postcode area which may cause confusion and misdelivery of mail.
The
emergency services and relevant departments are notified of any new developments or house name changes.
For more information consult the Street Name and Numbering section of this website.
18. Do I need planning permission for a satellite dish?
A general permission exists under the Town and Country Planning (General Permitted
Development) Order 1995, as amended by the Town and Country Planning (General Permitted Development)
(Amendment) Order 1998 for satellite dishes in certain circumstances. These are explained below according
to different house types and areas.
If you are a tenant or a leaseholder
(ie you do not own the house you live in), then the landlord's or owner's consent to install a dish
is usually required, unless it has already been given, as well as any other necessary permissions.
If
you live in a house that is not in a conservation area or an Area of Outstanding Natural Beauty you
may not need to apply for planning permission to install a dish on that house, provided that:
- the dish does not exceed 90cm in size;
- in the case of an installation on a chimney stack, the dish does not exceed 45cm in size and is not higher than the highest part of the stack;
- if the dish is installed on the roof, it does not protrude above the highest part of the roof;
- there will not be more than one dish on the building or in the garden.
If you live in a flat in a small block of flats or commercial premises (below 15m in height) or plan to install a dish on a commercial property (eg shop, pub, club, etc), or live in a dwelling house in a conservation area or Area of Outstanding Natural Beauty you may not need to apply for planning permission to install a dish, provided that the dish does not exceed the limits on size, number and siting that are set out above, and the installation is not on a chimney stack, nor on the wall or roofslope fronting the road or public footpath
In the case of flats, these limits refer to the building as a whole and not to each
separate flat. If, therefore, one flat dweller has already installed a dish, planning permission is
required for further installations. However, in such a case, the flat dweller may wish to examine the
possibility of a shared dish.
Your supplier or installer may generally
be able to advise whether an application for planning permission is required for installing a dish in
a particular place. If there is any doubt you should complete our online Householder Enquiry
Form or for a downloadable version go to our downloadable forms page
to seek further advice from the Council.
For clarification, size means the measurement across any dimension of the antenna (excluding any projecting feed element, the reinforcing rim and supporting brackets).
Listed building consent is required for any dish that affects the character or appearance of a listed building or its setting.
Please note: The Council does not accept responsibility for the contents of external web-sites.
Page last updated on 3 February 2012
Useful Contacts
- Planning Department
Council Offices
Knowle
Sidmouth
EX10 8HL - Would you like to talk to someone about this?
Call: (01395) 571531 - Would you like to email a comment or a question on this?
- Follow the Recycling and Refuse team on:
