Some visitors believe this is a 'park' as in 'theme park' which can lead to some odd encounters in the garden

The Lake District National Park Authority (LDNPA) affects many aspects of life in the Park. However it is as the Planning Authority for the National Park that most people come into contact with it.

Try the LDNPA website... with helpful explanations and documents - and online viewing of recent applications - but the Search facility isn't too clever if searching just on location.

 

• Still sometimes 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 - there is a nice National Park Centre at Brockhole between Ambleside and Windermere - quite good fun for small children and has a boat landing on Windermere,  and would have made nice offices you might think?)

 

• 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 (was suspended but currently reinstated by telephone only) no pre-application enquiries on most projects at present (May 2021)
  
  

• It helps to remember that planning officers are not the ogres they are often made out to be but regular people doing a difficult job (always stick to the 3 'p's - politeness, patience... and persistence :)

 

• Confused about Planning Officer and Building Inspector? - see Technical

 

• Got your Planning Permission? Pause for thought here

This list below is not definitive and is only meant to point out a few things and set you off on further research. The rate of change of planning regulations and interpretation, particularly under the present government, make it near impossible to be completely up to date - but you have to try. There are several detailed online guides including the government planning portal around and you can submit a Formal Enquiry to the LDNPA (see their website for the form) although a written answer may take some time depending on the nature of the enquiry. There are charges now for written pre-application advice ('Pre-app' in planning jargon). The options and charges [January 2020] are listed on this page of the Authority website.

 

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). If neighbours are happy with your proposals it can be useful if they are willing to comment positively by email or letter during any planning application consultation period - it doesn't just have to be objections that are sent in (close neighbours will likely be informed individually by the LDNPA of an application).

 

There are some odd things that the average person may not realise require planning permission such as some decks, some garden sheds, '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. Households can often have permitted development (PD) rights to extend or alter a dwelling. These are curtailed somewhat within the Park but can still apply.

BUT there can be fine points of interpretation..

Note also that recently announced by government temporary increases in size of permitted development extensions do not apply within the National Park.

Even if you think your extension will be within the limits you should at least have a word with the duty officer at the National Park Authority.

 

Be mindful of your 'curtilage' when making any planning application - this can be simple - your 'garden' quite often but in larger properties and/or rural areas complexities can arise - particularly if you have added to your garden with a bit of field or fell that you own - it can change its use and affect your permitted development rights, depending on how long ago it was added. Much legal debate continues about 'curtilage' in relation to planning and Listed Building applications.

 

Commercial uses such as shops, guest houses, farms have no or limited (and sometimes unusual) 'PD' (permitted development) rights - i.e. any alterations may require planning permission. Note that Flats do not have any 'PD' rights either - and neither do many domestic outbuildings.

 

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 or even a rooflight 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, recently amended). Changes in use usually require planning permission although there can be exceptions.

 

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 - even on unclassified roads if you are doing work on site which does require planning consent - e.g. an 'engineering operation' (typically, as a 'rule of thumb', anything involving a JCB). Check with LDNPA first and then the relevant unitary authority Highways team - Westmorland and Furness in the West and Cumberland in the East.

 

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

 

If your property is 'listed' - normally Grade II unless really special - alterations will require a Listed Building Application to the National Park Authority.

Often this is IN ADDITION TO a Planning Application. The two are separate applications although there is now a combined form available.

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 taking action on unauthorised work and the penalties are under criminal, not civil, law and can be heavy.

That said, I have seldom come across cases of new owners being penalised over work done by earlier owners - planning officers usually seek to address any issues if possible when new works are being undertaken.

As always, early discussions with the National Park Authority are advisable

 

We now have 2 new unitary authorities overlapping the Lake District National Park - Westmorland and Furness in the West and Cumberland in the East. Weirdly, the county of Cumbria created in 1974 does still exist but there is no longer a county council. Impact on planning applications within the Park seems negligible so far.

World Heritage Site status has had a noticeable impact on  planning applications. If you have never heard of 'OUV' there is some explanation here. Heritage Statements with applications are routine now. Some distinctive buildings may be deemed 'non-designated heritage assets' (NDHA) bringing greater scrutiny although the use of NDHAs is meant to be rare and could do with more clarity. Explaining your design process will help planners be your friend as will evidence of research into the history of older properties. Do also read the excellent World Heritage bid documents available on the LDNPA website.

 

Listed Building applications now require extensive research and documentation. Buying a Listed Building should perhaps come with something of a health warning if new owners are expecting to make radical changes to any part of the property. It is a criminal offence to make unauthorised alterations to a Listed Building.  Try to be aware of any literary connections with any property as well, not just Listed Buildings - see previous paragraph on World Heritage Site status.

 

Nutrient Neutrality Validation requirement for some applications within catchment of some waterways. The government failed to block this in September but seems to be still keen.

 

Site Specific Flood Risk Assessments are now likely to be requested more often by the LDNPA to support a planning application if your site is within any of the Environment Agency's flood risk zones.

 

Trees on or near any site are important and if to remain must be assessed for their Root Protection Zones (RPZ). If just one or two trees a diagram of the RPZs may be acceptable but anything more and a full arboricutural survey will likely be needed.

 

Bats are a significant issue in implementing planning permissions - if your consent involved having a bat survey done read the 'mitigation' section in the bat survey report as you might need to organise bat measures months in advance of work starting. The bat survey season for full 'emergence surveys' undertaken in fine weather at dusk is roughly May to September and surveyors can be fully booked by August at the moment. Winter risk assessments are sometimes possible but the National Park may refuse to accept them depending on the type of planning application.

Other Ecological surveys may be required and work near water can involve the County Council (Unitary Authority from 1st April 2023) and/or the Environment Agency.

 

The website of the Authority has improved but content can still be hard to locate - you can view recent planning applications online complete with drawings and forms... very handy although the text Search feature is very picky and the Map Search is better. They now post written objections (or support) to applications, Parish Council, County Highways and any other relevant Consultees' comments.

 

The planning portal set up by the UK government (for England and Wales only - Scotland and Northern Ireland) to allow online applications is quite good but can be tedious for anything other than Householder Applications. The government effectively privatised it recently. An advantage to applicants is that they can upload Acrobat pdf or other electronic format drawings.

 

National Park policies severely restrict new residential permissions and so it is very unlikely that barn conversions, flats or any 'open market' housing will be allowed that don't include local occupancy restrictions. Occupancy restrictions have varied over the years and generally now come within the Conditions of a Planning Consent - there seems to be some variation in the geographical extents of 'local' - adjacent Parishes usually.

 

Some local occupancy housing is possible but it can be tricky and in the absence currently of pre-application advice from the LDNPA I often recommend using a specialist local planning consultant to help assess how a proposal might sit with current interpretation of National Park policies.

There are still people buying old properties to demolish and rebuild although this is becoming much harder to justify to the planners. 'Embodied carbon' may be a consideration.

Often an existing planning unit may seem to be unrestricted occupancy but it pays to check that - not all dwellings have full permitted development rights - paying full domestic Rates for a dwelling does not always mean that it is a dwelling with full rights as far as planning is concerned.

 

Domestic extensions are still OK in principle and appropriate commercial uses are still encouraged.

 

Planning Applications take up a great deal more of my time than they used to.

 

You've done all the hard work - got your permission (been 'granted consent' in the jargon) - now what?

Take time to read the Notice of Consent.

 

In recent years the 'fine print' or 'Conditions' listed on the Notice have become more 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.

A particular wording to watch out for is anything that is described as requiring agreement in writing with, or notification to, the Planning Authority before work starts on site (or the 'consent is implemented') or before a certain stage is reached.

There is a form again for agreeing any such Conditions and a modest fee (you can thank the government for this)

 

Also read your bat survey - these are now normally just referred to via the Conditions on the planning consent but the date limits on when works can be carried out can be quite complex. Even if you have no bats, for now, you may be surprised to find that there are requirements to be met when carrying out the work.

I usually ask the ecological consultant to spell these out in 'plain English' for clients and often ask them to talk to the building contractor so that everyone knows where they stand.

Normally a Building Regulations application - see Technical

The LDNPA used to send out 'Start' notification forms with every planning consent - the idea was 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. They don't really have the staff to do this now.

 

Any amendments should really have an application to the Authority to regularise them.

 

The answer if you want to make changes is to discuss it with the original case officer, if still available, and agree a course of action.

 

The LDNPA have tried various systems over the years to deal with amendments but the government seems to have got involved and there is now an application form and potentially a long wait although planning officers do their best to keep on top of these as work is frequently held up on site pending a decision.

 

Common sense often breaks out and a planning officer may accept changes in principle but still require a 'non-material' or 'minor' amendment application.

 

It can happen that after later deliberation they come back and ask for a full re-application (of course you often get a 'free go' within a year of the date of a decision anyway, but not many people take this route, tending to go the amendment application route).