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Changes in the Planning Application System

02/08/2006


Fisher German Planner, Lucy Williscroft takes a look at some of the recent planning changes.

On 12th June 2006, the Department for Local Communities and Local Government (DCLG), formerly Office of the Deputy Prime Minister, issued a new Circular 01/2006 which provides for changes to the planning application system. There are a number of changes but those with the most direct implications to Fisher German’s clients work relate to outline planning permission and new detailed guidance on Design and Access Statements.

Outline Planning Applications

Currently, outline applications enable the principle of development to be agreed with some or all matters reserved for subsequent approval. At present these are siting, design, external appearance, means of access and landscaping.

From Thursday August 10th 2006 these will become more specific;

Layout – buildings, roads, open spaces etc

Scale – the height, width and length of each building in relation to its surroundings

Access – access to and within the site for vehicles, cycles and pedestrians

Landscaping – hard and soft landscaping, fences, walls etc

In addition, the new legislation states that even if layout, scale, access and landscaping are reserved, an outline application will still require a basic level of information on these issues. As a minimum, applications should include;

Use – the use or uses proposed and any distinct development zones within the site

Amount of development – the amount proposed for each use

Indicative layout – an indicative layout with separate development zones where appropriate

Scale parameters – an indication of upper and lower limits for height, width and length of each building

Indicative access points – the area(s) where access points will be located

Design and Access Statements

From Thursday 10th August 2006, Design and Access Statements will also be required to be submitted with all planning applications except Reserved Matters, Advertisements,  householder developments (unless they are within a Conservation Area or Area of Outstanding Natural Beauty or Site of Special Scientific Interest), change of use of land/buildings and engineering and mining operations.

The purpose of the Design and Access Statement is to explain how the applicant has considered the proposal and shows it is appropriate in the local context. It should explain the principles that will be used to guide the future details and will therefore be particularly important for outline applications.

The level of detail in the Statement will depend on the scale and complexity of the proposal and may be in the form of a short statement but may also include plans, elevations, photographs of the site and surroundings and other relevant illustrations.

If an application does not have the required Design and Access Statement, the Council is prohibited from entertaining the application and it will not be valid or registered until the satisfactory receipt of the documents.

Minor amendment alterations

Several Local Authorities have taken the decision to no longer accept minor amendments, such as alterations to windows or doors, to plans once an application has been determined and a decision issued. In the past, such matters have been dealt with as minor amendments to permitted schemes by agreeing minor changes by letter. However, recent Case Law has indicated that this approach is flawed and that development approved in this way may not be lawful.

A fresh planning application will now to be required to amend all proposals under these increasingly restrictive planning authorities. This applies to Listed Building Consent, Conservation Area Consent and other consents/permissions under the planning regime.

If you have a planning enquiry please do not hesitate to contact your local Fisher German office or indeed our specialist Planning Department on 01530 410849.


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