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Planning Agents Forum

 

1 April 2013

 

Changes to Pre-application Charges

 

From 1 April 2013, pre-application advice for householder developments will be chargeable. The fee for the service will be £36.00 including v.a.t.

 

Permitted development enquiries remain a free service.

 

22 November 2012

 

Changes to Planning Application Fees

 

The fees and charges for planning applications is set to increase on 22 November 2012. Please follow the link to the new Scale of Fees.

 

1 April 2012

 

Changes to Pre-Application Advice Charges

 

You will be aware that the Council has been charging for pre-application advice on Major and Strategic application proposals for a while now. From 1st April 2012, the scale of charges is to be widened for all pre-application advice for all applications, excluding householder proposals which will remain free.

 

Please follow the link to the pre-application advice page for a full list of the charges.

 

12 October 2011

 

Changes to Local List Validation Requirements

 

Melton Borough Council adopted new Local List Validation requirements on 28 July 2011. This followed a lengthy period of consultation by a number of the authorities in the Leicestershire area.

 

You must ensure that any application submitted from this date must conform to the new validation requirements.

 

These new requirements can be found on the Local List Requirements Page.

 

9th September 2010

 

Changes to the (General Development Procedures) Order 1995

 

A consolidated version of the Order, entitled the Town and Country Planning (Development Management Procedure) (England) Order 2010 (DMPO) has been laid before Parliament today and will come in to force on October 1st. The consolidated Order includes the original Order and all amendments made to it up until 6 April 2010.

 

The new Order also includes an amendment that will allow, in certain circumstances, applicants with partially implemented outline planning permissions to apply for a replacement planning permission with a new time limit. The Department of Communities and Local Goverment will shortly revise the November 2009 guidance on greater flexibility for planning permissions, to reflect this change. The revised guidance will also update the legal position in respect of appeals against refusal or non determination by local authorities of applications for non-material amendments to existing planning permissions. Copies of the statutory instruments currently before Parliament can be found at http://www.legislation.gov.uk/.

 

A question and answer sheet on the changes can be downloaded by clicking on this link

 

6th April 2010

 

Changes to Legislation

 

There are a number of important changes to planning legislation and guidance in regards to Permitted Development, appeals, Use Classes Order and validation requirements coming into force at the beginning of April 2010. A rundown on the changes is below, along with links to the relevent websites and documents.

 

nb. there are a number of other changes to legislation regarding publicity of applications and to Article 4 Directions which have not been included here. These can be seen on the Communities and Planning Portal websites. 

 

Town and Country Planning (General Development Procedure)(Amendment)(England) Order 2010

 

Amends existing statutory arrangements in relation to:

 

(a) design and access statements;

(b) the time limits for lodging certain planning appeals;

(c) applications for non-material changes to permissions.

 

(a) Design and access statements & associated policy changes

 

The changes in relation to design and access statements streamline the manner in which applicants discuss the issue of ‘context’ in their submissions and expand the range of development that is exempt from the requirement to provide a design and access statement. Revised policy and guidance has been published in relation to both information requirements and the validation of planning applications, see below:

 

Development Management Policy Annex: Information requirements and validation for planning applications

 

Guidance on Information Requirements and Validation

 

The Town & Country Planning (General Development Procedure) (Amendment) (England) Order 2010can be found on the CLG website at: http://www.opsi.gov.uk/si/si2010/uksi_20100567_en_1 

 

(b) The time limit for submitting a planning appeal

 

The Order also contains provisions which reduce the time limit for submitting a planning appeal, but only where the same or substantially the same development is subject to an enforcement notice.

The new time limits will be:

 

�� 28 days from the date of the refusal or the expiry of the period which the local planning authority (LPA) had to determine the application, where the enforcement notice is served before the application is submitted;

 

�� 28 days from the date of the refusal or the expiry of the period which the LPA had to determine the application, where the enforcement notice is served before the decision on the application is reached or the determination period has expired; or

 

�� 28 days from the date the enforcement notice is served, where the enforcement notice is served after the decision or expiry of the period which the LPA has to reach a decision on the application, unless the effect would be to extend the period beyond the usual time limit for cases not involving an enforcement notice.

 

The reduced time limit to submit a planning appeal will apply where an enforcement notice has been served no more than two years before the date on which the application is made or where it is served on or after the date of the application. It will apply regardless of whether an appeal has been lodged against the enforcement notice or not, provided the enforcement notice is not withdrawn prior to the expiry of the reduced period to submit a planning appeal.

 

(c) Changes in relation to applications for non material changes

 

The Order makes two substantive changes:

 

First, the period for lodging an appeal against an LPA’s failure to determine an application is being amended, specifically to include applications for non-material changes to planning permissions. For these applications, the period is to begin after the expiry of the period specified in article 4F of the GDPO (28 days or such time as is agreed).

 

Second, information about applications for non-material changes will also be required to be included on the planning register.

 

Town and Country Planning (General Permitted Development) Order 1995

 

Changes to the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 are major changes to PD rights. It changes:

 

(a) the scope of non-domestic permitted development;

(b) permitted development for changes of use from houses in multiple occupation to dwellinghouses.

 

(a) Non-domestic permitted development

 

The changes to the Order include provisions to expand the scope of non-domestic permitted development (with certain constraints) for four main groups of development: industry and warehousing; schools, colleges, universities and hospitals; office buildings; and shops. These amendments also include changes to the regulation of hard surfacing. The Government intends to expand the range of permitted development rights which require ‘prior approval’ at a later date and has made no decision yet as to whether to make air conditioning units permitted development in certain circumstances, so these matters are not covered in the new Order.

 

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 can be found on the CLG website at: http://www.opsi.gov.uk/si/si2010/uksi_20100654_en_1

 

The changes effect:

Part 8 - Industrial and Warehouse Development

Part 32 - Schools, Colleges, Universities and Hospitals

New Sections:

Part 41 - Office Buildings

Part 42 - Shops or Catering, Financial or Professional Service Establishments.

 

These changes effect the erection of new buildings, alterations and extensions to exisiting buildings, hard surfaces, plant and machinery, trolley stores etc. These are complicated and need some looking at before I do a full advice note on the changes. But we should be aware that we will need to start assessing such applications against the new regs from 6 April 2010.

 

(b) Permitted development for changes of use from houses in multiple occupation to dwellinghouses.

 

The final key element of the Order allows a change of use from a new Class C4 house in multiple occupation (HMO) to a Class C3 dwelling house to be permitted development. This change is linked to an amendment to the Use Classes Order which introduces a specific definition of a HMO along the same lines as the Housing Act 2004.

 

New Class I

 

Permitted development

 

Development consisting of a change of use of a building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule.”

 

This additional class is clarified in the changes to the Use Classes Order, linking it to s.254 of the Housing Act 2004

 

Changes to the Use Classes Order.

 

Also coming into force on the 6 April are changes to the Use Classes Order.

 

These provide 2 additional categories, Secure Residential Institutions (C2a) and HMOs (C4), and changes to what is a Dwelling (C3)

 

Class C2A. Secure residential institutions

 

Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.”.

 

Class C3. Dwellinghouses

 

Use as a dwellinghouse (whether or not as a sole or main residence) by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).

 

Interpretation of Class C3

 

For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004(3).”

 

Class C4. Houses in multiple occupation

 

Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.

 

Interpretation of Class C4

 

For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.”

The changes to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 can be found on the CLG website at: http://www.opsi.gov.uk/si/si2010/uksi_20100653_en_1

 

 

 

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