PLANNING & BUILDING CONTROL FREQUENTLY ASKED
QUESTIONS
WHEN
DO I NEED TO APPLY FOR PLANNING PERMISSION?
The following are common examples of when you will need to
apply for planning permission:
- You want to make additions or extensions to your house above a
certain limit or closer to a highway
- You want to make additions or extensions to a flat or
maisonette (including those converted from houses) (But you do not
need planning permission to carry out internal alterations or work
which does not affect the external appearance of the
building).
- You want to divide off part of your house for use as a separate
home (for example, a self-contained flat or bed-sit) or use a
caravan in your garden as a home for someone else (But you do not
need planning permission to let one or two of your rooms to
lodgers).
- You want to build a separate house in your garden.
- You want to divide off part of your home for business or
commercial use (for example, a workshop) or you want to build a
parking place for a commercial vehicle at your home.
- You want to build something which goes against the terms of the
original planning permission for your house - for example,
your house may have been built with a restriction to stop people
putting up fences in front gardens because it is on an "open plan"
estate. The Council has a record of all planning permissions
in its area.
- You want to build closer to a highway than your existing house
- the work you want to do might obstruct the view of road
users.
- The work would involve a new or wider access to a trunk or
classified road.
- You want to alter the use of a building (change of
use).
- You do not always need planning permission. It is not required,
generally speaking, for changes to the inside of buildings, or for
small alterations to the outside such as the installation of
telephone connections and alarm boxes. Other small changes, for
example putting up walls and fences below a certain height, have a
general planning permission for which a specific application is not
required. Telephone the Planning Help Desk on 01270 537502
for further advice.
DO I
NEED PERMISSION FOR MY CHILD'S TREE HOUSE OR WOODEN PLAY
HOUSE?
Many kinds of buildings and structures can be built in your
garden or on the land around your house without the need to apply
for planning permission. These can include sheds, garages,
greenhouses, accommodation for pets and domestic animals, summer
houses, swimming pools, ponds, sauna cabins, enclosures (including
tennis courts) and many other kinds of structures as long as they
are no closer to a highway. However on some developments the
Council will have taken these rights away because of the small size
of the house or garden.
DO I
NEED TO GET PLANS FROM AN ARCHITECT OR CAN I DRAW UP MY
OWN?
Yes you can draw up your own, but the plan needs to be of a
good quality and meet all the requirements for the planning
department to make their decision.
WILL
MY PROPOSED EXTENSION NEED PERMISSION?
Permission will be needed for an addition which would be
nearer to any highway than the nearest part of the "original
house", unless there would be at least 20 metres between your house
(as extended) and the highway. The term "highway" includes
all public roads, footpaths, and certain back alleys with access at
both ends, bridleways and byways. (There are special rules for
porches).
Permission will be needed if more than half the area of land
around the "original house" would be covered by additions or other
buildings.
The term "original house" means the house as it was first
built or as it stood on 1 July 1948 (if it was built before that
date). Although you may not have built an extension to the
house, a previous owner may have done so.
You will also need to apply for planning permission if the
extension or addition exceeds certain limits on height or
volume.
WHAT
IS THE DIFFERENCE BETWEEN PLANNING & BUILDING
CONTROL?
The planning system provides society with a way of controlling
how we use land, what we build and where we build it. Local
councils prepare and adopt documents called development plans,
consisting of maps and written policies, to show where and in what
quantity various types of development will be permitted. In
summary Planning is concerned with the principle of
development. Local Authority Building Control (LABC) is
dedicated to maintaining the highest standards in building design
and construction. It is based on a publicly accountable and
independent service, ensuring that buildings comply with relevant
legal requirements for health and safety. We aim to assist
you in producing high quality buildings in a time scale which keeps
your costs to a minimum by providing a fast, efficient and cost
effective building control service. In summary Building
Control is concerned with how a building is constructed.
WHAT
HAPPENS AFTER SUBMITTING A PLANNING APPLICATION?
The application will be given to a case officer who will
investigate the issue.
HOW
LONG DOES IT TAKE TO DETERMINE AN APPLICATION?
The Council attempts to deal with most applications within 8
weeks.
WHAT
IS DELEGATED AUTHORITY?
The Borough Planning Officer has delegated authority to
determine most planning
applications. All other applications are determined by
the Development Control
Committee.
WHEN
DOES THE DEVELOPMENT CONTROL COMMITTEE MEET?
There are 16 Councillors on the Development Control Committee,
which meets every month to consider Planning Applications.
All meetings are open to the public. Agendas are available on
the Council's web site, www.crewe-nantwich.gov.uk
WHO
IS NOTIFIED OF MY PLANNING APPLICATION?
Your neighbours and statutory consultees.
WHAT HAPPENS IF MY NEIGHBOURS
OBJECT?
The case officer will consider any objections submitted within
the agreed time scale to make an informed decision taking into
account all planning legislation and adopted policy.
WHAT IS THE ROLE OF A BUILDING CONTROL
INSPECTOR?
- They take control of building work through the administration
of the Building Regulations 2000 and the Building (Approved
Inspectors Etc) Regulations 1985 (Building Act 1984, Parts I and
II).
- Ensuring that supervised building work complies with the
Building Regulations 1991 including the vetting of plans and site
inspection of the construction process.
- The control of matters of public health and safety specified in
Part III of the Building Act 1984, including means of escape,
demolition and dangerous structures.
WILL I BE ABLE TO VIEW MY NEIGHBOURS
OBJECTIONS?
Yes you can and they can be viewed at the Planning Help Desk
located on the ground floor of the Municipal Buildings, Earle
Street, Crewe.
CAN
PEOPLE VIEW AN APPLICATION AND RAISE OBJECTIONS?
Yes, people can view other people's applications and they can
raise objections if they want to.
HOW
AND WHERE CAN YOU DO THIS?
At the Planning Help Desk. There is also a link on the
Council's website to view applications. Objections can be
made at the Planning Help Desk, by writing to the Planning Division
or by e-mail: planning@crewe-nantwich.gov.uk
HOW
WILL YOU INFORM ME OF THE DECISION?
We will write to you or your agent with details of either
approval or refusal. You may have to satisfy conditions
before starting work.
WHAT IF I DO NOT HEAR ANYTHING, SHOULD I CONTACT
YOU?
For householder applications the whole process can take at
least 8 weeks, however you will be notified who your case officer
is and given a unique planning reference number which relates
solely to your application.
The person who deals with the planning application from start
to completion.
WHAT DO I DO IF THE APPLICATION IS REFUSED AND I
WANT TO APPEAL?
If planning permission is refused there is a right of appeal
to the Secretary of State for up to 6 months after the decision
made by the Borough Council.
If you seek consent or permission to carry out particular
works to your property (such as building an extension) and your
application is not decided within a set period, or you get a
decision from the Council (in its role as 'local planning
authority') that you disagree with, you usually have a right of
appeal.
The appeal will be made to the First Secretary of State in
England. The Planning Inspectorate administers these
appeals.
Only the applicant for consent or permission can make an
appeal. There is no right of appeal for interested people or
organisations (known as 'third parties') in England and
Wales.
You can also appeal if the local planning authority has served
you with an Enforcement Notice. There are strict time limits
on the right to appeal, usually six months from the date of
decision.
Appeal forms can be obtained from:
The Planning Inspectorate, Temple Quay House, 2 The Square,
Temple Quay,
Bristol, BS1 6PN.
Once your appeal has been submitted, it will be checked to
make sure that everything is in order. The Case Officer
dealing with your appeal will let you know what else you need to do
during the course of your appeal, and when you need to do it.
After all the documentation has been gathered together, the
Inspector will consider all the evidence in the light of:
- The development plan
- Local and national policy
- Your statement of case
- The local authority's statement of case
- Comments you make on its statement, and vice versa
- Comments submitted by anyone else
Inspectors are totally independent professionals. Your
case will be considered on its merits. Your statement should
cover all the points that you consider relevant but you should try
to keep it as short as possible. The Inspector appointed to
deal with your appeal has access to all national planning policy
and if you want to refer to it, you need only quote the particular
paragraph(s) of the relevant document(s).
Where the Inspector is deciding the case, the case officer
will send the decision to you. Where the Inspector is not making
the decision, the report will be sent to the officials acting for
the Secretary of State or National Assembly, and they will let you
know the decision.
IF
I RESUBMIT AN APPLICATION TO MEET THE COUNCIL'S RECOMMENDATIONS DO
I HAVE TO PAY A FEE AGAIN?
If the submission is made within 12 months there will be no
additional charge.
IF
I NEED TO SEE A CASE OFFICER DO I NEED TO MAKE AN
APPOINTMENT?
When your application is first dealt with the case officer
they will give you a contact number or address to write to in order
to get in contact with them. Sometimes, if they are away you
will be asked to leave an answer phone message.
CAN
I SPEAK TO SOMEONE ABOUT MY IDEAS BEFORE I PAY FOR ANY PLANS TO SEE
IF COULD SUBMIT AN APPLICATION?
Yes, you can either call in to the Help Desk and ask to speak
to our planning duty officer or email:
planning@crewe-nantwich.gov.uk
Information on Building Control can also be gained via our
website, www.crewe-nantwich.gov.uk following the links for Planning
& Environment, then Building Control.
WHAT ARE PERMITTED DEVELOPMENT
RIGHTS?
If you live in a house, you can make certain types of minor
changes to your home without needing to apply for planning
permission. These are called "permitted development
rights". They derive from a general planning permission
granted not by the local authority but by Parliament.
In some areas of the Borough permitted development rights are
more restricted. If you live in a Conservation Area you will
need to apply for planning permission for certain types of work
which do not need an application in other areas. There are
also different requirements if your house is a listed building.
CAN
I BUILD RIGHT UP TO THE BOUNDARY LINE?
Whilst you may obtain planning permission for a scheme up to
the boundary there are also legal restrictions on what you can
build. You need to check your deeds and establish who is
responsible for the maintenance of the boundary. You may need
your neighbour's permission if they maintain the boundary. In
addition you may need to serve notice on your neighbour under the
Party Wall Act if you are undertaking work close to the
boundary. Further information can be obtained from the
Planning Help Desk or your solicitor.
WHAT IS MEANT BY THE TERM "AIR
SPACE"?
This is when you build right up to the boundary line but the
roof of the building is slightly on the other side of the boundary
line because the eaves overhang and are wider than the building.
WHY
DID THE CASE OFFICER COME TO VIEW MY PROPERTY WITHOUT ME BEING
INFORMED, SHOULD I HAVE BEEN THERE?
No you don't have to be there. This visit is purely to allow
the Planner to make their decision taking into consideration any
environmental issues or impacts the application would make within
the area.
WHAT DOES THE LOCAL PLAN PROVIDE?
The Borough of Crewe and Nantwich Replacement Local Plan
includes policy and proposals for the development of land in the
Borough. This will show potential sites for housing and
employment development including roads to be built through private
investment near to your house.
Refer to our website:
www.crewe-nantwich.gov.uk/main.asp?page=81
WHAT IS THE COST FOR ENQUIRIES REGARDING
CONTAMINATED LAND ISSUES?
A minimum charge may be made (plus charges incurred per
additional hour or part of an hour). Any enquiry should be
submitted in writing with an accompanying plan to:
Borough Planning Officer,
Planning Division,
Municipal Buildings,
Earle Street,
Crewe,
CW1 2BJ.