William Sutherland Architect

Office Address Cluan
Rydal Road
Ambleside
LA22 9BA

015394 34489

For location plan
see Local Links

so you want to build in the Park?.. start here...

Planning Applications

The Lake District National Park Authority (LDNPA) affects many aspects of life in the Park. However it is as the Planning Authority for the Park that most people come into contact with it.
For general information about the LDNPA - try the LDNPA website... recently much improved with helpful explanations and leaflets - and now online viewing of applications (with a bit of searching).

• Often referred to as 'the Planning Board' or just 'the Board' by locals from it's old title of 'Lake District Special Planning Board'.
• Based in Kendal (outside the Park!.....)
• The LDNPA is the first port of call before carrying out any work.
• Do not assume your project is too small to require Planning consent.
• Always check - it only takes a 'phone call - 01539 724555 - ask for the Duty Officer (this may take persistence ;-).
• Confused about Planning Officer and Building Inspector? - see technical issues
• Got your Planning Permission? Pause for thought here
  

June 2009 update - more changes in the pipeline but the current policies of the National Park pretty much continue for the foreseeable future...

bats are now a major issue in implementing planning permissions - if your consent involved having a bat survey done then there will be a possible need for a summer emergence survey, possibly an application for an EPS (European Protected Species) license if bats are found and will be affected by development and timing restrictions on when you can carry out work.
Read the 'mitigation' section in the bat survey report as you might need to organise bat measures months in advance of work starting.

new Permitted Development Rights for householders introduced on 1st October 2008 - see Planning Portal guides - but all still a bit new and possibly further guidance will emerge.
Note the additional restrictions within the National Park - notably, side extensions to houses, and windows - including rooflights, to side elevations may now require consent (and 'side' of a house could be open to interpretation in some cases).

The government introduced new planning application forms from 6th April 2008 - well worth having a look at the LDNPA website as they have quite a good checklist of all the things you should now provide along with the application (see below).

The updated website of the Authority is now quite good - you can view recent planning applications online complete with drawings and forms... very handy. They still do not post written objections to applications.
The planning portal set up by the government to allow online applications is quite good but combined with the new application forms it takes longer than ever to submit applications.

The National Park presently has a zero allocation for new residential permissions and so no more housing, barn conversions, flats or any 'open market' housing will be allowed. Some local needs housing may be possible if it can be matched to a proven local housing need (see Housing Surveys) but it is very tricky even before you reach design issues - and remember that ultimately the occupants will have to obtain certification from the LDNPA that they are in housing need and thus qualify to occupy any such property.
Extensions are still OK in principle and appropriate commercial uses are still encouraged.

Planning Applications are becoming increasingly complex - you can expect routine requests for information that was unusual on small extensions a couple of years ago.. bat surveys, owl surveys, tree surveys, flood risk assessments... ecology and similar consultants have never been so busy ;-)


Some General points to bear in mind:

I have tried to keep it as simple as possible - planning is changing and some of this may well be out of date after 1st October 2008 until we all fully understand the new rules for permitted development - and note the exclusions from the new rules pertaining to work in National Parks. You could be forgiven for thinking that the new system makes more work for everyone, not less ;-).

• If you are thinking of alterations or extensions I suggest you talk to your neighbours and explain what you are thinking of doing. Apart from being polite it can avoid objections if you proceed with a Planning Application - and the latest application forms do ask if you have consulted the community. (There could be other issues apart from Planning - e.g. the Party Wall Act or even land ownership issues lying dormant - not uncommon!)

• Do not even think of trying to build something without Planning permission. Even if the site is in some out of the way place, I guarantee someone will notify the Authority. We once had a mound of earth in a wooded garden notified to the Planners by walkers passing by!

• There are some odd things that the average person may not realise require planning permission such as some garden sheds, satellite dishes on chimneys, large satellite dishes (may have changed at 1st Oct 08, see latest guidance via link at foot of page), 'gardening' if it involves earth moving machinery.... always check.

• There is no such thing as 'just a garage' or 'only a conservatory'. These are dealt with in the same way as any extension to a property. Adverts by conservatory suppliers that suggest planning permission 'may not be required' are relying on the possibility that the volume of the extension (i.e. the conservatory) may be within permitted limits for domestic properties. The old guides of 50m3 or 10% of the volume of the property (more outside the Park) no longer apply from 1.10.2008 - try this link to Planning Portal until further guidance available.
  BUT there is much more to it than that with many exclusions and ifs and buts.
  Even if you think your extension will be within these limits you should at least have a word with the duty officer at the National Park Authority. It can be very difficult to obtain written confirmation from the LDNPA that Planning permission is not required - OK, it is almost impossible to obtain a solid opinion from any local government official on anything - but still worth a chat.

• Commercial uses such as shops, guest houses, farms have no 'PD' (permitted development) rights - i.e. any alterations require planning permission, including new rooflights. Note that Flats do not have any 'PD' rights either - and neither do outbuildings (e.g. garage if unattached) -
  (see, told you it was tricky! :)

• Remember that if you live in a barn conversion it is very likely that any permitted development rights were removed in the granting of the original permission for conversion, unless very long ago. Thus any new alterations such as adding a window will often require permission.

• Planning revolves around the 'use' of land/property. Thus a house has 'domestic' or 'residential' use and a business has, in general terms a 'commercial' use (there are detailed categories in Planning legislation). Changes in use require planning permission. This can be VERY subtle - e.g. a case where a planning authority (not the LDNPA) decided that a field adjacent to a residential property had changed use from 'agricultural' to 'domestic' because the owner had cut the grass shorter than you might expect for a field!

• Altering an access or making a new one - for vehicles or pedestrians - from a field or garden for example on to a lane, track or road can be tricky - Check with LDNPA first and then Cumbria County Highways Dept (since the sale of much of CCC services to 'Capita' Highways seems to have been moved 'sideways' - the old telephone numbers still work - for the moment).

• Check if your property is within a 'Conservation Area' or a 'Schedule 4' area, as tighter restrictions may apply on use or external appearance.

• If your property is 'listed' - normally Grade II unless really special - alterations will require a Listed Building Application to the National Park Authority on special forms.
  Often this is IN ADDITION TO a Planning Application. The two are separate applications.
  Note there are special considerations for a Grade II* (referred to as a 'Grade 2 star' listed building.
  Be VERY careful doing any work to a listed building - there is no time limit on unauthorised work and the penalties are heavy!
  It is always worth a call to the Conservation Officer (or maybe they are now called Historic Building Adviser... it's hard to keep up with job name changes at the LDNPA ;-)
  
  

• Get a copy of the Local Plan free online from the National Park Website ... but no maps :(
  

And you thought 'The Enforcer' was a TV series?....
The National Park Authority have tightened up on enforcement. In the distant past there was little checking of whether a scheme had been built to the Approved drawings - unless it was drawn to their attention. Now they are actively checking wherever possible. There are 'Enforcement Officers' (although they seem to have changed the department name to 'Compliance' (May 2007))who are polite but persistent. Also you should be aware that when a Building Regulations Application (see Technical Issues ) is made to a District Council (several DCs overlap the Park boundary) staff check the detail drawings against their file copy of the Approved drawings for changes (the compliance team also seem to check through the lists of current Building Regulations applications).
amendments...
The LDNPA is now sending out 'Start' notification forms with every planning consent - the idea is that you tell them when you are commencing construction to enable them to monitor compliance and so avoid potentially expensive unauthorised amendments to the design. This comes at a time of low tolerance of minor amendments - for anything apart from moving the odd window or door they normally request a complete reapplication - and so I suspect that people will take some persuading to notify - but it is a worthwhile initiative and makes sense in the current planning climate.

The answer if you want to make changes is to discuss it with a member of the Compliance Team first and agree a course of action. If time is short because work is progressing on site - tell the planning Officer all about it - he/she can usually give an idea of whether there will be problems with the proposed amendments - and it will have the double benefit of warning them of any changes before a neighbour calls them!

Where next?
Normally a Building Regulations application - see Technical Issues

Useful Links...

UK Government Planning Portal Excellent new resource set up by the Government with lots of information for Planning Professionals and others.

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