Outline applications in conservation areas

Articles

  1. Outline Applications
  2. Conservation Areas
  3. Designation and what it means for owners
Types of application

Alternatively, an application can be completed on a paper version of the form provided by the local planning authority. The vast majority of applications can be made using the standard application form. The standard application form cannot currently be used for applications for mining operations or the use of land for mineral-working deposits, although there is a separate paper form for onshore oil and gas development.

Tips on Planning Permission

Applications made under the Planning Hazardous Substances Act for hazardous substance consent are also not covered by the Standard Application Form. Such applications must be made on a form provided by the local planning authority. Applicants are encouraged to apply electronically. However, online submission of supporting information may not always be possible. In these circumstances, information can be submitted to the local planning authority in hard copy, or electronically eg on a CD or USB storage device. Applications submitted electronically do not need to be accompanied by any further copies either of the application or accompanying information.

Applicants who apply on a paper copy of the standard application form must provide the original plus 3 copies of the form a total of 4 copies , unless the local planning authority indicate that a smaller number is required. Local planning authorities may request additional copies above the statutory requirement, but failure to provide these additional copies would not be a basis for refusing to validate the application.

A local planning authority cannot refuse to validate an application if an applicant who has made an application electronically does not provide paper copies. Similarly, a local planning authority cannot refuse to validate an application if an applicant does not provide an electronic copy of the application. The Community Infrastructure Levy means that authorities charging the levy require additional information to determine whether a charge is due and to determine the amount. Applicants are required to answer additional questions to enable authorities to calculate levy liability.

Additional plans and drawings will in most cases be necessary to describe the proposed development, as required by the legislation see article 7 1 c ii of the Town and Country Planning Development Management Procedure England Order These may be requested by the local planning authority through their local list of information requirements , where it is reasonable to do so. Any plans or drawings must be drawn to an identified scale, and in the case of plans, must show the direction of north.

Although not a requirement of legislation, the inclusion of a linear scale bar is also useful, particularly in the case of electronic submissions. A location plan should be based on an up-to-date map. The scale should typically be 1: The application site should be edged clearly with a red line on the location plan. It should include all land necessary to carry out the proposed development eg land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site. A certificate which applicants must complete that provides certain details about the ownership of the application site and confirms that an appropriate notice has been served on any other owners and agricultural tenants. An application is not valid, and therefore cannot be determined by the local planning authority, unless the relevant certificate has been completed.

This should only be completed if the applicant is the sole owner of the land to which the application relates and there are no agricultural tenants.

Outline Applications

In the case of development consisting of the winning or working of minerals, a person entitled to an interest in a mineral in the land is also an owner. Any hard copy certificate submitted with the standard application form must be signed by hand. Ownership certificates must also be completed for applications for listed building consent, although no agricultural declaration is required. The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership.

However, an applicant is required to notify owners of the land or buildings to which the application relates, as well as any agricultural tenants, in accordance with article 13 of the Town and Country Planning Development Management Procedure England Order When making an application, an applicant is required to sign a certificate confirming the ownership of the land to which the application relates and that the relevant notices have been served. All agricultural tenants on a site must be notified prior to the submission of an application for planning permission.

Applicants must certify that they have notified any agricultural tenants about their application, or that there are no agricultural tenants on the site. This declaration is required whether or not the site includes an agricultural holding.

Conservation Areas

It is incorporated into the ownership certificates on the standard application form. A Design and Access Statement is a concise report accompanying certain applications for planning permission and applications for listed building consent. They provide a framework for applicants to explain how the proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users. Design and Access Statements can aid decision-making by enabling local planning authorities and third parties to better understand the analysis that has underpinned the design of a development proposal.

The level of detail in a Design and Access Statement should be proportionate to the complexity of the application, but should not be long. For the purposes of Design and Access Statements, a designated area means a World Heritage Site or a conservation area. Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a Design and Access Statement.

Applications to amend the conditions attached to a planning permission do not need to be accompanied by a Design and Access Statement.

Designation and what it means for owners

There are some differences between the requirements for applications for planning permission and applications for listed building consent. These will be specific to the circumstances of an individual application and a Design and Access Statement should be tailored accordingly. They must detail any consultation undertaken in relation to access issues, and how the outcome of this consultation has informed the proposed development.

Applicants must also explain how any specific issues which might affect access to the proposed development have been addressed. Design and Access Statements accompanying applications for listed building consent must include an explanation of the design principles and concepts that have been applied to the proposed works, and how they have taken account of:.

Unless the proposed works only affect the interior of the building, Design and Access Statements accompanying applications for listed building consent must also explain how issues relating to access to the building have been dealt with. Design and Access Statements accompanying applications for listed building consent must provide information on any consultation undertaken, and how the outcome of this consultation has informed the proposed works.

Statements must also explain how any specific issues which might affect access to the building have been addressed. Where a planning application is submitted in parallel with an application for listed building consent, a single, combined Design and Access Statement should address the requirements of both.

The combined Statement should address the elements required in relation to a planning application and the additional requirements in relation to listed building consent. Information about the proposed use or uses, and the amount of development proposed for each use, is necessary to allow consideration of an application for outline planning permission.

Under article 5 3 of the Development Management Procedure Order , an application for outline planning permission must also indicate the area or areas where access points to the development will be situated, even if access has been reserved. An applicant can choose to submit details of any of the reserved matters as part of an outline application. A local planning authority can request further details in relation to reserved matters under article 5 2 of the Town and Country Planning Development Management Procedure England Order If a local planning authority considers that an outline application ought to include details of the reserved matters it must notify the applicant no more than one month after the application is received, specifying which further details are required.

For projects requiring an Environmental Impact Assessment, an Environmental Statement and non-technical summary must be provided. See guidance on Environmental Impact Assessment. Local planning authorities should take a proportionate approach to the information requested in support of planning applications. See related policy. A local planning authority may request supporting information with a planning application.

Local information requirements have no bearing on whether a planning application is valid unless they are set out on such a list. The local list is prepared by the local planning authority to clarify what information is usually required for applications of a particular type, scale or location. Applicants can either provide the information, or use the procedure to resolve disputes over the information to be provided with a planning application. The purpose of planning obligations is to make development acceptable in planning terms.

This is about mitigation, rather than just identification, of any undesirable impact and is generally negotiated during the consideration of a planning application. So while it can be good practice to submit information about a proposed planning obligation alongside an application, it should not normally be a requirement for validation of a planning application. If they are to go on the local list, the local planning authority should be able to justify their inclusion in relation to any particular development. The recommended process for reviewing and revising local lists involves the following 3-step process:.

Local planning authorities should identify the drivers for each item on their existing local list of information requirements. These drivers should be statutory requirements, policies in the National Planning Policy Framework or development plan, or published guidance that explains how adopted policy should be implemented.

Having identified their information requirements, local planning authorities should decide whether they need to revise their existing local list. Where a local planning authority decides that no changes are necessary, it should publish an announcement to this effect on its website and republish its local list. Where a local planning authority considers that changes are necessary, the proposals should be issued to the local community, including applicants and agents, for consultation.

Consultation responses should be taken into account by the local planning authority when preparing the final revised list. Information requested with a particular planning application must meet the statutory tests introduced by the Growth and Infrastructure Act. Once it has received an application, the local planning authority will register the application and send the applicant an acknowledgement that confirms the application has been received and sets out the next steps.

Before publicising and consulting on an application , the local planning authority should be satisfied that the description of development provided by the applicant is accurate. The local planning authority should not amend the description of development without first discussing any revised wording with the applicant or their agent. Checking the accuracy of the description of development should not delay validation of an application.

Applications should be validated as soon as practicable to allow the formal process of publicising and consulting on the application to begin. Sometimes delays can occur if there are concerns about the validity of an application. In such circumstances, it is advisable for local planning authorities to:.

See the requirements for a valid application. The local planning authority will inform the applicant as soon as possible that this is the case, setting out what additional information it thinks needs to be provided. Any additional information must form part of the local list, and meet the statutory tests. It is expected that both the applicant and local planning authority should make every effort to resolve disagreements about the information needed to support a planning application. Informal negotiation is clearly in the interests of both parties. The local planning authority should involve qualified planning officers in such discussions to judge what information is necessary.

Pre-application discussions can be a useful way for an applicant and local planning authority to agree what information is required before an application is submitted. Cheshire East has a duty under present legislation to designate those areas of Cheshire East considered to have outstanding historic or architectural interest.

Conservation Areas serve not only to protect the best of the townscape and natural environment but also to illustrate the evolution of Cheshire East and provide an historic framework for future development. See list of Conservation Areas currently under review. The designation of a conservation area does not prevent development taking place, but the Council has to pay particular attention when deciding planning applications; the council has to be mindful of the need to preserve and enhance the character and appearance of the area.

Some developments that are normally allowed may need specific planning approval including the demolition of a building or structure. Written consent from the Council is also required for works to any trees. There are currently 77 designated Conservation Areas in Cheshire East. If you own a building within one of the conservation areas, or within one of the proposed extensions if they are approved, you will require Planning permission for many works of total or substantial demolition.

This can include the demolition of larger outbuildings and in some cases, garden and boundary walls. Such structures can sometimes be quite significant in a street scene. If an extension requires planning permission, it will have to meet an expected standard of good design and be constructed in materials sympathetic to its surroundings. Planning applications will also need to be supported by a heritage statement , identifying the significance of the location and the site and demonstrating the measures that will be taken to protect its character and appearance.