Town and Country Planning in the UK

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Town and Country Planning in the UK

Town and Country Planning in the UK

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More than one condition at a time can be removed or altered on the same application without any multiplication of the fee to be paid. Revision date: 06 03 2014 Can the local planning authority decide not to follow the policies in the development plan?

applications to demolish an unlisted building in a conservation area (these are exempt under regulation 5A of the 2012 Fees Regulations) If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application. the use of any newly formed units after a building has been sub-divided falls within the same use class as the building’s existing primary use before it was sub-divided, or there is a permitted development right allowing the new use; and/or The publication Openness and transparency on personal interests: a guide for councillors gives practical information about members’ personal interests and the standards arrangements introduced by the Localism Act 2011.

Until the local planning authority accepts the application as valid, it cannot be registered or decided. Revision date: 27 03 2015 See previous version In what circumstances might it be justifiable to refuse planning permission on the grounds of prematurity? the sub-division does not involve converting a single dwelling house to contain more than one residential unit. The demolition of a plaque would require an application for planning permission where it materially affects the external appearance of the building. If it is not clear whether works are covered by permitted development rights, it is possible to apply for a lawful development certificate for a legally binding decision from the local planning authority.

Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990. A reserved matters application may cover one or any number of reserved matters. The fee is calculated with reference to the relevant fee category or categories for the type of development proposed. The fee for each reserved matter(s) application is calculated as if it were a full planning application. Where an application for approval of reserved matters relates to only one part or phase of the development covered by the outline permission, fees should be charged on the basis of the number of buildings or the floor space included in that part or phase. Subsequent applications – in respect of other parts or phases – will attract fees on the same basis. Revision date: 22 02 2018 See previous version How much is the fee for a deemed planning application? Planning consultancy calculator (https://www.planningportal.co.uk/permission/home-improvement/planning-consultancy-calculator) Planning consultancy calculatorMost planning applications for development on Crown land are now made subject to the same planning fees as other applications. If the Crown needs to carry out urgent development under section 293A of the Town and Country Planning Act 1990 then a fee is payable to the Secretary of State. Regulation 12 of the 2012 Fees Regulations provides that the fee payable will be the same amount as would have been paid to the local planning authority. In considering either a prior approval application or a full planning application for the development of on-farm reservoirs, planning authorities should have regard to the increasing need for sustainability, importantly including the careful management of water, the benefits water storage adds in the sustainability of the farming activity and the contribution that it can also make to flood alleviation. Section 101 of the Local Government Act 1972 allows the local planning authority to arrange for the discharge any of its functions by a committee, sub-committee, or an officer or by any other local authority. An exception where this power may not apply is where the local authority’s own application for development could give rise to a conflict of interest, when regulation 10 of the Town and Country Planning General Regulations 1992 applies. Revision date: 17 10 2014 Should monitoring cover issues which are the responsibility of the Environment Agency?

Revision date: 22 02 2018 See previous version Can a local planning authority decline to accept an application to vary conditions? Development carried out using permitted development rights can be liable to pay a Community Infrastructure Levy charge. This depends on when development commences and whether there is a community levy charge in place. A developer would not be required to pay a charge where permitted development was commenced before 6 April 2013 or otherwise before a charging schedule was in effect. Where development is commenced after 6 April 2013 and a charging schedule is in place, they would be liable to pay a charge. Revision date: 06 03 2014 What kind of information will the developer have to supply in connection with a prior approval application?In the case of any decision against the advice of HSE there is guidance on notifying the Executive in advance of any decision being issued. If development is carried out without the necessary planning permission, this may lead to enforcement action. Christopher Pincher, Minister of State at the Ministry of Housing, Communities and Local Government, responded by arguing that it will stimulate the construction industry:

The demolition of outdoor statues, memorials and monuments may require planning permission depending on how long they have been in place and whether they are located in or outside a conservation area. Further detail is set out in the table below. Revision date: 06 03 2014 Does an article 4 direction have to be submitted to the Secretary of State?Revision date: 17 10 2014 Fees for specific application types How are fees calculated for prior approval applications? Permitted development rights which allow the alteration of certain buildings may apply - see Schedule 2 The Secretary of State has the power to modify or cancel article 4 directions at any time before or after they are made, with the following exceptions: If the Secretary of State grants consent, the local authority may give a direction suspending the right to short-term let from that property or area. The position should be reviewed, such that the right is only removed for a reasonable and proportionate period of time, and the direction should be revoked when it is no longer necessary. A removal of rights can be secured against the relevant property by way of a local land charge.



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