Planning - Frequently Asked Questions
There are 3 sections to this page:
Planning Advice
Building Regulations
Removal of Hedgerows
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 telephone the contacts above to request a Household Enquiry Form. 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 discuss their proposals with the Planning Service to see if planning permission is required. It is also worth checking about Building Regulations approval, as this is often required even when planning permission is not necessary.
2. How do I apply for Planning Permission?
Application is made on a standard form, which is obtainable from the Environment 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.
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.
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 and Technical Services Department. A planning application cannot proceed until the correct fee has been received. 
Find out about planning fees. (67KB - PDF Help)
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. 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?
Firstly, you can ask for an explanation of the Councils planning policies for the area, by contacting the Policy and Conservation Section
Secondly, if you wish to keep abreast of new planning applications, a full copy is sent to the respective Town or Parish Council, and the weekly lists of applications can be found on this web site. The planning register contains details of all applications and decisions, and is available for inspection at the Environment Reception between 8.30am and 5.00pm, Monday to Friday. Plans can be inspected by the public at Sidmouth, Exmouth, Honiton, Budleigh Salterton, Ottery St Mary, Seaton and Axminster town council offices. For town council opening hours use this link.
Thirdly, 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.
Finally, the Council operates a Neighbour Notification procedure. This means that, if you are a direct neighbour to the development site of the submitted planning application, the Council will endeavour to send you a letter giving brief details of the application and where you can view the plans.
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 at the Environment 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.
The Development Control 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" (87KB - PDF Help). This certificate would, if granted, preclude the Council from taking enforcement action at a later date. The appropriate form may be obtained from the Environment 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 (149KB - PDF Help). 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 (103KB - PDF Help) 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 (85KB - PDF Help) from the Environment 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?
For Street name and numbering on new dwellings, once a planning application has been approved 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 telephone 01395 516551 and ask for Street Name and Numbering, or view the Street Name and Numbering page on this web-site.
18. Do I need planning permission for a satellite dish?
The rules relating to satellite dishes have recently changed. You are advised to phone 01395 516551 for guidance, or e.mail planning@eastdevon.gov.uk.
Listed building consent is required for any dish that affects the character or appearance of a listed building or its setting.
Building Regulations
1: Do I need approval to build an extension to my house?
2: Do I need approval to install replacement windows in my house?
3: Do I need approval for a loft conversion?
4: Do I need approval to carry out repairs to my house?
5: Do I need approval to make internal alterations within my house?
6: Do I need approval to install fittings and appliances within my house?
7: Do I need approval to install or replace wiring?
8: Do I need approval to insert cavity wall insulation?
10: Do I have to pay for a Buildings Regulations application?
11: Is there any difference in cost between a Full Plans application and a Building Notice?
12: What will the Council do with my application?
13: What can I do if my plans are rejected?
14: What happens if I do work without approval?
15: What happens if I disagree with the notice?
16: What are the penalties for contravening Building Regulations?
1. Do I need approval to build an extension to my house?
Yes, but a porch or conservatory built at ground level and under 30m2 in floor area is exempt.
2. Do I need approval to install replacement windows in my house?
Yes. From April 2002, all replacement glazing will come within the scope of the Building Regulations. From then on, anyone who installs replacement windows or doors will have to comply with strict thermal performance standards.
One of the main reasons for the change is the need to reduce energy loss. The Building Regulations have controlled glazing in new buildings for many years but they represent only a very small percentage of our total building stock. It is also essential to improve the performance of the much larger numbers of existing buildings if we are to meet increasingly stringent national and global energy saving targets.
When the time comes to sell your property, your purchaser’s surveyors will ask for evidence that any replacement glazing installed after April 2002 complies with the new Building Regulations.
Back to the questions
3. Do I need approval for a loft conversion?
Yes, even if for an 'occasional use'.
4. Do I need approval to carry out repairs to my house?
No, if the repairs are of a minor nature and you are replacing like for like. This includes replacing the felt to a flat roof, repointing, and replacing a small area of brickwork. Yes, if the repair consists of removing a major part of a wall and rebuilding it. In the case of re-roofing, if the tiles are the same type then no approval is needed. If the new tiling or roofing material is heavier, or lighter, than the existing materials then an approval under Building regulations is required.
5. Do I need approval to make internal alterations within my house?
Yes, if the alterations are of a structural nature such as the removal or part removal of a load-bearing construction - for example, a wall, partition, joist, beam or chimney breast. You also need approval if, in altering a house, work is necessary to maintain the means of escape in case of fire.
6. Do I need approval to install sanitary fittings and appliances within my house?
- To install or alter the position of a WC, bath, etc? No, unless the work involves new drainage or plumbing.
- To install or alter the position of a heating appliance?
- Gas, Yes, unless the appliance is to be installed by a person, or an employee of a person, approved in accordance with regulation 3 of The Gas Safety (Installation and Use) Regulations 1984.
- Solid fuel, Yes, unless the work is carried out by a HETAS registered installer.
- Oil, Yes, unless the work is carried out by an OFTEC registered installer.
- To install hot water storage? Yes, if the system is unvented (under direct mains pressure).
7. Do I need approval to install or replace electric wiring?
No.
8. Do I need approval to insert cavity wall insulation?
Yes.
9. Do my neighbours have the right to object to what is proposed in my Building Regulations application?
No. While there is no requirement in the Building Regulations for you to consult your neighbours, it may be courteous to do so. Objections may be raised under other legislation, particularly if your proposal is subject to approval under the Town and Country Planning Acts.
10. Do I have to pay anything for the service?
Yes. A charge is payable to the local authority unless the work is exempt.
11. Is there any difference in cost between a Full Plans application and a Building Notice?
No. With one or two exceptions a Full Plans application involves a two~stage payment, one when you submit your plans (Plan Charge) and one following first inspection on site (Inspection Charge). If a Building Notice is given the 'building notice charge' is payable when the building notice is deposited with the Council and is the sum of the plan charge and inspection charge.
12. What will the local authority do?
If you use the Full Plans procedure, the local authority will check your plans and consult appropriate authorities (such as fire and water companies). If your plans comply, you will receive a notice that they have been passed. If the local authority is not satisfied, you may be asked to make amendments or provide more details. Alternatively, a conditional approval may be issued. If your plans are rejected, the reasons will be stated in the notice.
If you use the Building Notice procedure, as with Full Plans applications, the work will normally be inspected as it proceeds; but you will not receive any notice indicating whether your proposal has been passed or rejected. If, before commencement or while work is in progress, the local authority requires further information such as structural design calculations of plans, you must supply the details requested.
13. What can I do if my plans are rejected?
You can resubmit them with amendments to make them comply with Building Regulations. Alternatively, if you think the decision to reject is not justified, you can refer the matter to the Secretary of State for The Environment, Transport, and the Regions for determination. But note that you must apply for a determination before the work, which is in dispute, has commenced.
Where there is a mandatory requirement you may ask the local authority to relax it if you think that is justified. If they refuse, you may appeal to the Secretary of State within one month of their refusal. A charge is payable for determinations but not for appeals. The charge is half the Plan Charge, subject to a minimum of £50 and a maximum of £500.
14. What happens if I do work without approval?
The local authority has to see that building work complies with the Regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the local authority may serve a notice requiring you to do so.
15. What happens if I disagree with the notice?
Normally the notice will give you 28 days to rectify the work. You can seek advice from a suitably qualified person and if you tell the local authority you intend to do this, the 28 day period is extended to 70 days. If the report you get from this person causes the local authority to withdraw the notice, the local authority may pay the expenses which you have incurred as a result of having been served with the notice. The local authority cannot serve a notice on you if the work which you have carried out is shown on the plans which the local authority approved or failed to reject within five weeks, or two months if you agree, from deposit of the plans.
16. Are there penalties for contravening Building Regulations?
Yes. If you contravene the Regulations by building without notifying the local authority or by carrying out work which does not comply, the local authority can commence proceedings which may lead to a fine. If you are convicted, you are liable to a penalty not exceeding £5,000 plus £50 for each day on which each individual contravention continues after you have been convicted.
Removal of Hedgerows:
1. Do I need permission to remove my hedgerow, either in whole or in part?
2. Does removing a hedgerow just mean grubbing it up?
3. Who can seek permission to remove a hedgerow?
4. How do I ask for permission to remove a hedgerow?
5. What happens after the authority have received the notice?
6. How long does a permission last?
7. If the permission is refused, can I challenge the hedgerow retention notice?
8. What if I remove a hedgerow without asking for permission?
1. Do I need permission to remove my hedgerow, either in whole or in part?
Yes, if your hedgerow is on, or runs alongside:
- agricultural land;
- common land, including town or village greens;
- land used for forestry or the breeding or keeping of horses, ponies or donkeys; or
- a Local Nature Reserve or Site of Special Scientific Interest
No, if it:
- is shorter than 20 metres (unless both ends join up with other hedgerows or it is part of a longer hedgerow) or;
- is in, or borders, your garden.
- Gaps of 20 metres or less are counted as part of the hedgerow. A gap may be a break in the vegitation or it may be filled by, for example, a gate.
You also do NOT need permission to remove your hedgerows:
- to get access either in place of an existing opening provided that you plant a new stretch of hedgerow to fill in the original entrance, or when another means of entry is not available, except at disproportionate cost;
- to gain temporary entry to help in an emergency;
- to comply with a statutory plant or forestry health order;
- to comply with a statutory notice, for preventing interference with electric lines and apparatus;
- in connection with statutory drainage or flood defence work;
- to implement a planning permission (but in the case of permitted development rights, most hedgerow removal WILL require prior permission)
There are further exceptions for reasons of national defence and for removal by the Highways Agency in England.
Normal management of your hedgerow does not require prior permission.
2. Does removing a hedgerow just mean grubbing it up?
No. Removal also includes other action that result in the hedgerow being destroyed, but coppicing, laying and the removal of dead or diseased shrubs or trees are treated as normal management.
3. Who can seek permission to remove a hedgerow?
Only the landowner, agricultural tenant, farm business tenant or certain utilities, such as gas companies.
4. How do I ask for permission to remove a hedgerow?
You will need to obtain a hedgerow removal notice form from the Environment Reception, Council Offices, Knowle, Sidmouth, Devon EX10 8HL (open 8.30am to 5.00pm, Monday to Friday) or by requesting one to be posted to you by e-mailing planning@eastdevon.gov.uk
5. What happens after the authority have received the notice?
The hedgerow site will be visited and assessed, and the local parish council will be consulted. The hedgerow will be assessed to determine if it is "important". To be important, the hedgerow must be at least 30 years old and meet certain criteria. The Development Control section can advise you of what these criteria are.
If the hedgerow is deemed to be "not important" then you will be advised in writing that the hedgerow can be removed. This permission does not override any requirements to notify or obtain consent under other legislation, or any contractual obligations.
If the hedgerow is deemed to be "important" then a decision will have to be made on the justification for its removal - if permission is therefore refused a hedgerow retention notice will be issued.
6. How long does a permission last?
2 years from either the date of the written permission - this permission is for the work set out in your proposal, and no more.
7. If the permission is refused, can I challenge the hedgerow retention notice?
Yes, you can appeal to the Secretary of State in writing within 28 days of being given the decision - the hedgerow retention notice will explain how to do this.
8. What if I remove a hedgerow without asking for permission?
It is a criminal offence, unless one of the exceptions applies, to deliberately remove a hedgerow without permission, which if tried in court could result in a £5,000 fine. The Council has legal powers to ensure that you plant another hedgerow in its place.
