William
Sutherland
Architect |
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Office
Address Cluan
Rydal Road
Ambleside
LA22 9BA
015394 34489
For
location plan
see Local Links
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so you want
to build in the Park?..
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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
April 2008 update - new planning application forms apply 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 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.
Extensions are still OK in principal 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, flood risk assessments... ecology consultants have never been so busy ;-)
and since 10th August 2007 all planning applications within the National Park must be accompanied by Design & Access statements (outside the Park, Householder applications are I think exempt)...
Some General
points to bear in mind:
I
have tried to keep it as simple as possible - email me if you need further
explanation (within reason) - or if you are a Planning Officer/Consultant
with a comment (helpful ones only please!).
Check the online version of the LDNPA 'Householder's
Guide to Planning Permission'
-
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. (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 recently 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 (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. This is currently 50m3 or 10% of the volume of
the property (more outside the Park)
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 obtain written confirmation from the LDNPA
that Planning permission is not required (your solicitor will thank
you heartily for this if you come to sell in the future!)
- 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!
Once
you have your planning permission... what next?
Ok...
you've done all the hard work - got your permission (been 'granted consent'
in the jargon) - now what? Sit down ...and take time to READ the Notice
of Consent (this applies to Architects as well as clients!)
In recent years the 'fine print' or 'Conditions' listed on the Notice have
become very important. If you do not understand what they mean ask the Planning
Authority or your Architect for an explanation in plain English. Some are
routine - such as the length of time the consent is valid - others will
be specific to the application. The wording to watch out for is anything
that is described as requiring agreement with, or notification to the Planning
Authority before work starts on site (or the 'consent is implemented').
A common requirement is for a landscaping scheme to be submitted. Just remember
that if you do not comply with the Conditions then your Planning Approval
may be invalid!
Makes
you think!...
Consider the situation of an Approval from say, the 1980's which was part
built and thus seemingly 'implemented' (like a housing scheme or hotel extension).
If there is an unfulfilled Condition on the original Approval then the work
so far could be 'unauthorised development' and the remaining part of the
original Approval could be worthless(!) It happens...
And
you thought 'The Enforcer' was a TV series?....
The National Park Authority have tightened up on enforcement. In the 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 South Lakeland District Council 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 zero 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 Enforcement Team first and agree a course of action. If time is short because work
is progressing on site - tell the Enforcement 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.
UK Government list of links to guidance on Planning - lots of detailed guidance information for householders and others...
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