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planning-applications.co.uk |
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AGRICULTURAL BUILDINGS AND OPERATIONS
NOTIFICATION PROCEDURE
The following requirements DO NOT apply to the EXTENSION or
ALTERATION of a building, if the building is NOT on Article 1 (6) land, unless
the extension or alteration is SIGNIFICANT.
CHECK FIRST
In other words, if your proposed alteration or extension of a
building is not on Article 1(6) land and is not significant, you do not need to
proceed through the notification procedure.
IN ALL OTHER CASES THE FOLLOWING CONDITIONS APPLY
Development
consisting of the erection, alteration or extension of a building, the
formation or alteration of a private way, or the carrying out of excavations or
the deposit of waste material (where the relevant area exceeds 0.5ha) or
the placing or assembly of tanks in any waters, is permitted subject to the
following:-
The
person undertaking the development shall apply to the local planning authority
in advance of works commencing for a DETERMINATION. This determination is
required to give the Council a chance to decide whether it is necessary for
them to give prior approval of :-
- the siting, design and external appearance
of the building
- the siting and means of construction of the
private way
- the siting of the excavation or deposit
- the siting and appearance of the tank
Your
application for a determination must be accompanied by:-
- a written description of the proposal
- details of the materials to be used and
- a plan showing the site
- the appropriate fee.[see FEES]
(NOTE:
the Council may provide a form for this application, but you can apply in
letter form with the information required)
YOU MAY
NOT BEGIN DEVELOPMENT UNTIL EITHER:-
- a written notice from the Council, in
response to the determination application that, prior approval is not
required.
- The expiry of 28 days from the date on which
the Council RECEIVED the application (not the date on which it was sent)
without any formal determination by that Council
- The Council has, within 28 days of receiving
your application for a determination, confirmed that prior approval will
be necessary. Essentially, you will have an outline planning approval and
development may be begun subject to providing the appropriate information
to the Council first for approval.
WHERE
PRIOR APPROVAL IS REQUIRED:-
- you will be asked to display a site notice
on or near the land where the development is to take place. This is so
that the public may read it.
- The notice must remain in situ for at least
21 days out of a period of 28 days starting from the date on which the
Council gave you the notice.
- You must take reasonable steps to protect
the notice from the weather, defacement, vandalism etc and it is a good
idea to keep a spare copy in case it is removed. However, you will be
treated as having complied with the notice if, without any fault or
intention on your part, the notice is removed, obscured or defaced within
the 21 day period; even though you have taken reasonable steps to protect
it.
IN ALL
CASES THE
DEVELOPMENT MUST BE CARRIED OUT:-
- in accordance with the approved details, or
- where prior approval was not required, in
accordance with the details you submitted in the first place. And
- within a period of 5 years from the date of
approval ( or the date on which the Council were given the information,
whichever applies).
IN
CIRCUMSTANCES WHERE DEVELOPMENT CONSISTS OF THE ERECTION, SIGNIFICANT EXTENSION
OR SIGNIFICANT ALTERATION OF A BUILDING AND:-
- The use of the building or extension
permanently ceases for agricultural purposes within 10 years from the
date on which the development was substantially completed and,
- Planning permission has NOT been granted on
an application for non-agricultural purposes within 3 years of from the
date on which the agricultural use ceased,
THEN, unless the Council has agreed otherwise
in writing, the building, (or the extension), must be removed from the land and
the land restored (as far as possible) to its condition before the development
took place; or to such condition as has been agreed with the Council in
writing.
Any appeal
against the refusal of a planning application (or in relation to conditions)
will postpone this requirement until finally determined or the appeal is
withdrawn.
SUBSTANTIAL
COMPLETION OF WORKS
WORKS
THAT ARE PERMITTED FOR THE ERECTION, EXTENSION OR ALTERATION OF A BUILDING MUST
BE NOTIFIED IN WRITING TO THE COUNCIL WITHIN 7 DAYS OF THE DATE ON WHICH THE
WORKS WERE SUBSTANTIALLY COMPLETED.
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"Relevant Area" means:- -
the area of the proposed excavation, or the area on which it is proposed to
deposit waste, together with the aggregate (sum) of the areas of all other
excavations within the unit which have not been filled and of all other parts
of the unit on or under which waste has been deposited and has not been
removed. |