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planning-applications.co.uk |
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MAKING A PLANNING APPLICATION
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MAKING A COMMERCIAL PLANNING APPLICATION
This Section
provides guidance on the procedure for making a commercial planning
application. See also the Getting
Started Checklist which highlights the steps required in deciding
whether you need to apply and how the application will be handled.
1. MAKING AN ONLINE APPLICATION
The Government has been pressing for greater speed and efficiency in the
planning process and one means of delivering this is the move toward Online planning
applications. Most Authorities now provide a link from the planning pages of
their website to the Planning
Portal. This is a quick and easy way to way to make applications, but if
you prefer the traditional method read on.
2. MAKING
AN APPLICATION ON PAPER FORMS
Despite the rapid move toward Online planning applications, there
are still many authorities which rely upon the traditional paper based forms
for the time being. These can often be downloaded from the Council’s
website.
planning-applications.co.uk
Planning
application forms can be obtained from the planning department of your local
Council offices. They are often available Online from the planning pages of the
Council’s website.
If
you are applying for permission in one Council area, but live or work in another,
then make sure you have the forms for the area in which the property is
situated. Although you can apply on standard forms, most authorities have their
own and the format may vary between different Councils, although the same
questions will be asked.
Call
in, write or telephone for a set of forms. You may be asked if you are making a
domestic or commercial application.
If your proposal concerns business
premises, additional forms (Part 2) should be provided. Your application will not be validated
without the Part II form.
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FILLING IN THE FORMS
Planning
Application forms can look a little daunting to the first time applicant and
there are certain elements that must be carefully considered. Example forms can
be viewed at [FORMS]
If
you have appointed an agent then they will be able to complete the forms for
you. Alternatively if you have any queries or are uncertain how to proceed then
do ask at the planning office, or contact our e-service for further help.
Information
on the forms need not be typed in, but ensure any handwriting is legible. Block
capitals in black ink are generally preferred, as your forms may need to be
copied.
You
will normally need to complete several copies of all the forms. The form or
accompanying information sheet will normally tell you how many are needed for
your particular Council. Anything up to six is typical. These copies are made
in order than the Council can circulate them to consultees and for
administrative purposes.
Name and Address Enter the name and address of the applicant and other contact
details.
Location. Provide details of the location of the property and the area over
which the application is to be made. You will need to outline the application
area in RED on an Ordnance Plan and any other adjoining land you own in BLUE.
[See Plans]
The area should be calculated in metric (hectares / square metres) and not Imperial
(acres / square feet). Any plan measurements should also be stated in metric.
Applications submitted with only Imperial measurements may not be accepted.
Description. This can be tricky, but try and be uncomplicated. The planning
department may alter the description slightly if they feel that your wording
can be better expressed in planning terms.
"Extension to factory premises" may be preferable to "New jar
labelling room at the back of the pickle packing shed" [ or
whatever!!]
Where
you intend changing the use of part, or all, of a property then you may prefer
to use the standard "Use Classes Order" descriptions rather than
describe a particular use. This may allow greater flexibility to change between
use classes in the future. [See UCO].
A
change of use from post office to café would be:-
"Change of Use Class A1 to A3".
Type of
Application. You will now need to decide the type of application you would
like to submit. Outline or Full. In either case additional information will be
required concerning the proposal, such as whether it is for a new building or a
change of use.
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OUTLINE
APPLICATIONS
This
type of application is used in circumstances where you wish to establish the
principle of the planning proposal, without necessarily presenting a full
scheme.
Outline
applications may only be made "for the erection of a building".
However, extensions, alterations and rebuilding are included within the
definition of a building.
Although
you need only submit the forms with a site plan and a brief description of the
proposal, you may still need to submit a rough outline of the scheme to assist
the planning department in coming to a decision.
An
outline planning application allows you to reserve certain matters for
consideration at a later date; such a Siting, Design, External Appearance,
Landscaping and means of Access. If any of these matters need to be considered
at the outset then you will need to provide the necessary information. Access
is usually one such item.
You
will not be able to submit an outline application where the proposal concerns
or is likely to affect a Listed Building. The planning authority will have to consider the effect of the
whole proposal on the building.
The
granting of an outline planning permission will necessitate a further
application for the approval of Reserved Matters (ie Siting, Design, External
Appearance etc) before the development can commence.
The
planning fees for outline applications are generally less than for a full
application, but further fees will apply for Reserved Matters applications
which could be more - when combined with the outline fee - than if you had
applied for full permission in the first place.
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FULL
APPLICATIONS
Full
applications are made in circumstances where you have a clear idea of what you
intend to develop, have all the relevant plans drawn up in detail and have
considered all of the Reserved Matters.
Once
a full planning permission is granted you may begin the development without
applying for any further planning consent, subject always to compliance with Planning
Conditions and
obtaining any necessary Building Regulation or other approvals.
An
application for a change of use of land or premises is always handled as a full
planning application.
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CHANGE OF USE
As
the phrase describes, you can apply for a change of use of any land and
premises. The planning permission is treated as a full planning application.
Where
you intend changing the use of part, or all, of a property then you may prefer
to use the standard "Use Classes Order" descriptions rather than
describe a particular use. This may allow greater flexibility to change between
use classes in the future. [See UCO].
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PART
2 FORMS
Part
2 forms require you to provide a little more specific information about your
commercial proposal. See FORMS
for an example.
The
various questions will ask you to specify:-
the existing and proposed floor areas for different
purposes,
the present and proposed staffing levels,
the nature of the activities or processes that will take
place,
details of any plant and machinery that may be installed,
whether your proposal will result in closures elsewhere or
staff relocation,
details about vehicular movements and parking requirements
of different kinds,
whether you will be storing any Hazardous Substances.
You
may not be able to complete all the questions and some may not be relevant.
However, you should try and give as full an account of the proposal as
possible. You might elaborate on the information in a covering letter.
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CERTIFICATES
You
must complete and sign the formal ownership certificate accompanying the
planning application. This will either form part of the application form itself
or be a separate sheet. There are four possible certificates A,B,C or D. See FORMS for examples.
An application or planning permission may be made by
anyone, whether they are the owners of the property in question or not. The
Ownership Certificate requires the applicant to confirm whether he is the sole
owner of the property, or that he has notified (or attempted to notify) the
lawful owners of the property.
Similar provisions apply in relation to
If you are a tenant, you are considered to be the 'owner'
for planning purposes if you have more than 7 years unexpired on your lease.
This does not absolve you however from serving notice on the owner or other
landlord in accordance with the terms of any lease.
Certificate
A - should be
completed if you are the freehold owner of the property, or have 7 years or
more unexpired on your lease.
Certificate
B - should be
completed if you are not the sole owner and requires you to confirm that you
have served notice of the application on any other owners (or tenants with 7
years or more unexpired) of the property. Notice Number 1 must be used for this
purpose. [See Notices]
Certificates
C & D - are only
used in circumstances where not all, or none, of the property owners are known
and require notices to be published in a particular way to ensure the best
chance of notifying the owner.
The
Certificate will also ask you to confirm whether any part of the application
area involves land within an agricultural tenancy. If so, you must supply
details of the tenant and serve notice of the application on him.
The
certificate must be signed and dated by the applicant or his appointed agent.
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NOTICES
There
are statutory notices that you are required to serve on owners or tenants where
certificates B,C or D are signed, or the property forms part of an agricultural
tenancy. See FORMS
for examples.
They
provide details of the applicant, the application and the planning authority to
which it was submitted. You must also specify a date not less than 21 days from
the date of service of the notice, within which the recipient of the notice may
make any representations to the Council concerned.
The
notice must be dated and signed by the applicant or his appointed agent.
In
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PLANS
Outline
or change of use planning applications may require no more than a red line
around the application property on an Ordnance Survey Plan to either 1/2500 or
1/1250 scale.
If you
require a plan to accompany your application you can obtain one from your local
Ordnance Survey main stockist (see OS Plans) or possibly your local planning office.
A charge will be made for the plans in accordance with Copyright requirements.
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Full
planning applications will require not only a location plan, but also all
necessary plans and drawings detailing the proposal. You may require the
services of an architect or surveyor as the plans must be accurate and contain
sufficient detail.
You
may also need to submit plans showing landscaping proposals.
Drawings
may also be required to illustrate points of detail.
The
planning application form will indicate how many sets of plans are required.
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PLANNING FEES
Councils
are required by law to levy a fee for most planning applications, for approval
of reserved matters and consent to display advertisements.
For
Example:-
Outline planning applications for the erection of dwellinghouses or
buildings other than dwellinghouses will be charged a fee of £265 per 0.1ha (or
part thereof) of the site area up to a maximum fee of £25,000.
The
scale of charges is varied from time to time and a list of current fees is set
out in [Fees].
The fee must accompany your application and the application
will not be processed until the correct fee has been received.
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OTHER INFORMATION
Depending
upon the type and nature of the planning application, you may be required to
provide additional information to help the planning department with their
consideration of your application. Planning Application Checklists are becoming
quite common as a means of determining all the information required. The
following may provide some help:-
·
Standard Application Checklist
It
is generally a good idea to provide some details in a covering letter even on
straightforward applications. The more pertinent information you can provide,
the quicker your application may be processed.
From
the 10th August 2006 any planning application (other than domestic,
change of use or for mining and minerals work) will be required to have both a
DESIGN STATEMENT and an ACCESS STATEMENT as part of the application documents.
Further details are available HERE
The
planning department can request further details if they are not content with
the information you have provided.
End of Section