Questions answered:
What Planning Policies apply?
What is Planning Permission?
What does ..??.. planning term mean?
What are Permitted Development Rights and will I need Planning Permission?
How do I obtain Planning Permission and advice?
Is Planning Permission needed?
What types of approvals are there under the Town and Country Planning Acts?
Planning Applications: how does the process work?
What is a relevant planning consideration?
How long will it take to obtain planning permission?
Will I need Building Regulation Approval?
When can I start work?
What happens if I do work without approval?
How much will my planning application cost?
How long does permission last?
How do I appeal against a decision?
Do I need permission to display and advertisement?
How can I find out about the planning applications around me?
How do I object to or comment on an application?
How does the Council deal with amendments to planning applications?
Who will make a decision on my planning application?
How can I find out details about the Planning Committee including seeing reports and agendas?
What is a design and access statement and do I need to submit one with my planning application?
What is a flood risk assessment and do I need to submit one with my planning application?
What can I do if I think that something has been built without the right planning permission or not in accordance with the approved plans?
What are the major planning constraints?
How Can I view the Hazardous Substances Register?
Planning Conditions: how to seek approval, vary terms,remove a condition or appeal against imposition of a condition.
What are the Council's requirements regarding the code for Sustainable Homes and BREEAM Standards?
Planning Permission?
You need planning permission to develop your property. This includes developing land, extending buildings and changing the use of land or buildings. Other types of work you may require permission for are those to a Listed Building, in a Conservation Area or trees subject to a Tree Preservation Order.
However, some minor developments, such as a small extension to your house or a temporary change of use to your land, may be defined as 'permitted development' and may not need a specific planning application. Regardless of whether or not you need to apply for planning permission for your work, you may still need other kinds of approval.
What does ....??....planning term mean?
A glossary of the most commonly used planning terms may be found here.
What are Permitted Development Rights and will I need Planning Permission?
Permitted development rights are when you can make minor changes to your property without needing to apply for planning permission. If you live in a Conservation Area or an Area of Outstanding Natural Beauty (A.O.N.B.), permitted development rights are more restrictive. Therefore you will need to apply for planning permission for certain types of works which do not need an application in other areas. There are also different requirements if your house is a listed building or has an Article 4 Direction issued on it.
Historical checks on buildings to see what status they hold may take some time. To enquire as to whether there are any planning restrictions on your property please put your query into writing. More information.
How do I obtain Planning Permission and advice?
In order to obtain planning permission you need to apply using a 1 APP form. We encourage submission online via the Planning Portal alternatively the forms may be obtained by e-mailing Development Control, or online at the Planning Forms Page fill in the form, sign it and send it to us. For making an enquiry about the need for planning permission please use the relevant forms.
Adobe Scaling and Measuring Tool
From 4 December 2008, the Planning Portal's online application process will attach a 'scaling and measuring' token to any drawing or map in .pdf format that is attached to an online application submitted via the Planning Portal.
Any users viewing application drawings and maps online, that have been submitted via the Planning Portal, will now be able to scale and measure drawings on-screen.
We would encourage public, professional users and internal and external consultees to view and consult online to take advantage of this new functionality.
What types of approvals are there under the Town and Country Planning Acts?
Most forms of development will need planning permission, but other types of consent may also be required:
Listed building consent.
Conservation area consent.
Other consents.
You should also check if consent is required under the Building Regulations.
Planning Applications: how does the process work?
Detailed below is the typical process that an application has to go through.
Pre-application advice - we encourage you to discuss what you are proposing to do with us before you submit your application. We will not in general negotiate amendments to plans once a formal planning application has been submitted. Further information is available.
Submit application - your application will be checked. If it is incomplete, it will be returned to you for further information or a fee requested. If the application is complete it will be registered and an acknowledgement letter sent to you or your agent.
Processing the application - we will consult with other interested organisations and notify people who may be affected by your proposals.
Site visit - we will visit the site to assess the impact of your proposal on your property, neighbouring properties and the surrounding area.
Report prepared with recommendation - depending on the type of application, this report will be considered by either the Head of Planning under his delegated powers or by the Planning Development Control Committee for a decision.
Decision made - a decision notice will be issued to you or your agent. The application will be approved, approved with conditions, or refused. If it is refused or there are conditions attached, which you do not agree with, you can appeal to the Secretary of State.
Where conditions attached - some may require further details to be submitted to and agreed by us before you start work.
How long will it take to obtain planning permission?
In most cases there is a statutory 8 weeks to determine an application from the date the application is valid (accepted). In the instance of a major application this period is extended to 13 weeks.
We endeavour to determine your application within these timescales and strive to meet these targets wherever possible.
Will I need Building Regulation Approval when I have Planning Permission?
In most instances you will find that you need both Building Regulation Approval and Planning Permission, but this is not always the case. Check Building Regulation Approval here.
What is a Relevant Planning Consideration?
A list of valid planning considerations can be obtained here.
When can I start work?
You may start your work as soon as you have received your approval notice and complied with any conditions imposed by the Council.
What happens if I do work without approval?
If you build something that needs permission without first obtaining it, you may be required to correct it later, which could prove troublesome and expensive. You also risk having to remove an entire building if it is not authorised.
If you should have sought permission for work the Council may simply ask you to apply retrospectively. However, this can depend on the nature of the development and its effect on neighbours and the environment. If the Council considers it necessary it will take enforcement action immediately which will require you to cease activities, or demolish problem buildings. Failure to comply with a notice could involve criminal proceedings.
If you think that something is not being built in accordance with the approved plans or does not have planning permission please let us know by completing a planning enforcement complaint form.
How much will my planning application cost?
The cost of making an application for planning permission is set nationally and varies depending on the type of proposal. Current planning fees are available here 
.
How long does permission last?
Full permission is usually valid for three years, however exceptionally this may be a shorter period, details of the timescale that the application is valid for will be on the planning decision notice.
You can start work any time during the allowed period provided you have satisfied any conditions requiring further details before development starts. If you fail to do so, you will have to reapply. If outline permission has been granted, you will need to submit for the approval of reserved matters within 3 years.
Do I need permission to display an advertisement?
Some small advertisements and signs can be displayed without the need for permission. However many signs do need specific advertisement consent from the Council.
A booklet has been produced by the Department of Communities and Local Government entitled "Outdoor advertisements and signs: a guide for advertisers"
This booklet explains to anyone who wants to display an outdoor advertisement how the system of advertisement control works in England. This guide has been revised to take account of the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.
If you need to make an application for advertisement consent you should use the form on the Planning Forms page of this web site.
How do I appeal against a decision?
If the Council refuses permission or imposes conditions it will tell you why. If you are unhappy or unclear about the reasons for refusal or the conditions imposed, talk to the officer who processed your application.
You must make an appeal against a decision on planning permission within 6 months, unless it relates to a householder application when you will have 12 weeks to appeal. After speaking to the planning officer, if you are the applicant and you wish to appeal against a refusal of planning permission or against a condition which is imposed on an approval you can use this link to make an appeal to the Secretary of State. Please note that only applicants can appeal against planning refusals or conditions. There is no appeal process for other third parties (e.g. neighbours) to appeal against a planning permission being granted.
Points to note regarding the appeal process:
· The Planning Inspectorate will determine the appeal procedure to be followed for all planning and enforcement cases.
· An expedited process is used for householder appeals which are suitable for written representations known as the "Householder Appeals Service".
· The Costs regime now additionally applies to planning appeals and other planning proceedings dealt with via written representations.
· Hearings and Inquiries Rules no longer allows the 9 week written comment stage. There is still the opportunity at the hearing or inquiry itself to make comments.
· Inquiries Rules now require the submission of Statements of Common Ground 6 weeks after the appeal's start date.
How can I find out about the planning applications around me?
Find out about recent planning applications where you can search by address, reference number or weekly list date. Search here.
Alternatively, you can visit the Main Reception, Appletree Court, Lyndhurst between 8.45am - 5.15pm, Monday to Thursday, 8.45am - 4.45pm on Friday or your local planning office.
How do I object to or comment on an application?
You can make comments on a planning application online, by email to Development Control or in writing. The Comment on Planning Proposals page provides details of how to comment and what information we require.
All objections and comments should be made in writing by the date published on the letter you have received from us, on the site notice or on our website. All correspondence is put on a public file; therefore no action can be taken on letters that are sent in confidence.
All written comments received will be available for inspection on our website and copied to the Planning Inspectorate in the event of an appeal. You should therefore only include information that you are happy to be seen by the public and make available on our website.
When publishing information on our website relating to planning applications New Forest District Council will make every effort to ensure that personal telephone numbers, email addresses and signatures are not published on the website. If you make an online comment, please do not include these personal details on the comments box of the online comment form. These details will be on the original comments on the paper file and available to the public if they visit the office in person.
We do not accept comments unless you include your name and address.
Who will make a decision on my planning application?
Most planning applications are determined by the Head of Planning under his delegated powers. A summary of our current delegation powers can be viewed here.
Applications that cannot be dealt with under delegated powers are determined by the Planning Development Control Committee. The Planning Development Control Committee is made up of locally elected Councillors. Recommendations are made to the Committee by the Head of Planning in a committee report. This committee report sets the planning issues associated with the particular proposal and comes to a recommendation based on a reasoned justification. This recommendation is usually to grant permission with conditions or to refuse permission. The conditions or reasons are set out clearly in the report. The Committee make the decision usually after a debate on the case and they do not have to agree with the officers recommendation.
Any request for a planning application to be heard by the Planning Development Control Committee should be made through your local Councillor. You can find a list of local Councillors here.
How can I find out details about the Planning Committee including seeing reports and agendas?
The Planning Development Control Committee is very busy and the Councillor needs to give a good reason why the matter should be considered by the Committee and not under delegated powers. The Planning Development Control Committee usually meets on the second Wednesday of each month. You can view the latest DC committee agenda here. Committee agendas, reports and minutes of the last meeting are published 6 working days prior to the Committee meeting. You can view the date of the next Planning Development Control Committee here.
You can also undertake a search by Committee date by using our on-line search facility here.
If you have written in about a particular planning application which is to be considered by the Planning Development Control Committee, you usually have the right to speak subject to certain rules. You can view the rules that apply and what to do to register your intention to speak at the Planning Development Control Committee here.
What is a Design and Access Statement and will I need to submit one with my planning applications?
A design and access statement is a document that sets out how a particular proposal has evolved and how its design and layout respects the context of the area. A Design and Access statement is required to be submitted with most planning applications and all listed building consent applications.
A guidance note on Design and Access statements , what they are and when they are needed has been produced to assist you and can be viewed here.
What is a Flood Risk Assessment and do I need to submit one with my planning application?
A flood risk assessment (FRA) is a report that explains how a proposal can be built without increasing the potential for flooding to the existing property or future properties.
A FRA is required to be submitted with your planning application if your property is located within a certain Flood Risk Zone (FRZ) where there is a potential risk. (Zones 2 & 3 and Zone1 where the development site is one hectare or greater). These FRZ are identified by the Environment Agency and are updated regularly. Further information on whether your property is located in a FRZ is available on the Planning Advice pages.
A FRA will also be required in Zone 1 in areas less than 1 hectare depending on the type and location of development.
The Council has produced a set of Frequently Asked Questions on Flood Risk and a series of guidance notes which give advice on what additional considerations you need to give to your proposed development and the extra information that should be provided with your planning application if you are located in a flood risk zone.
Any FRA submitted will have to contain information when required in terms of Sequential Test and the Exceptions Test in a manner that complies with the Environment Agency PPS25 Practice Guide.
If sufficient information is unavailable at the time an application is submitted it will not be validated and if as part of the determination process it is noted that the information is incomplete the application will be invalidated.
PLEASE NOTE that there are some circumstances where a Flood Risk Assessment is not required by Environment Agency Standing Advice BUT by virtue of localised issues not within the Environment Agency's remit a Flood Risk Assessment (District) will still be required to be submitted and/or conditions attached to any subsequent planning approval.
This requirement will be identified in consultation with Land Drainage once a planning application has been submitted. Prior indication as to whether a Flood Risk Assessment will be required may be obtained by emailing land.drainage@nfdc.gov.uk
How can I view the Hazardous Substances Register?
Under the Planning (Hazardous Substances) Act 1990, if a site contains more than a certain quantity of hazardous substances then it is necessary to obtain consent from the hazardous substances authority. Section 28 of the Act requires the Council to maintain a public register of sites at which hazardous substances are permitted to be located.
New Forest District Council Register* of Hazardous Substances Consents holds a copy of
1. The name, address and area of the site of each application for
hazardous substances consent or continuation of consent;
2. A description of the activities on the site and the decision of the
hazardous substances authority or the Secretary of State for the
Environment;
3. The name and maximum quantity liable to be on the site, of each of
each hazardous substance the consent includes. A copy of each
order revoking or modifying a consent;
4. A copy of each claim for a deemed consent (this is a consent that
that could be claimed where a hazardous substance was present
at a site in the 12 months before June 1992 under the Planning
(Hazardous Substances) Regulations 1992 and before April 1999
under the Planning (Control of Major-Accident Hazards)
Regulations 1999. It allowed existing users and storers of
hazardous substances to continue their previous operations
subject to standard conditions;
5. A copy of each direction by the Secretary of State granting
temporary exemption;
6. The decision on each hazardous substances consent appeal or
contravention notice;
7. Hazardous Substances Consents issued by New Forest District
Council under the Planning (Hazardous Substances) Regulations
1992 and the Planning (Control of Major-Accident Hazards)
Regulations 1999.
The New Forest District Council Hazardous Substances Consent Register
You can find information on this register by undertaking an online search.
Use "More search options - including appeals" on search page and then search by application type "Hazardous Substances".
* Please note that we hold an online record of all hazardous substances consents in the District. However the documents associated with each case are currently being reviewed to ensure that it is complete.
If required a paper copy of the Hazardous Substances Register can be inspected at the Council Offices, Appletree Court, Lyndhurst.
For further information see:
- DCLG Hazardous Substance Consent: A guide for industry
- Planning (Hazardous Substances) Act 1990
- The Planning (Hazardous Substances) Regulations 1992
- The Planning (Control of Major-Accident Hazards) Regulations 1999
Planning or related applications can be granted subject to one or more conditions dependent on the type or nature of the application. Development Control often uses standard conditions, although this does not preclude the use of non-standard conditions. Conditions can be restrictive, informative or require the submission of details. Planning conditions should be imposed in accordance with national policy and have regard to the regional, county and district policies.
How to seek approval.
Variation of terms or removal of a condition.
Appeal against the imposition of a condition.
Please Note: Listed Building Consents and Conservation Area Consents do not form part of this process.
This procedure is in accordance with the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 introduced in April 2008.
- All such requests must be made in writing.
- Any request regarding the initial discharge of a planning condition should be made on National 1 APP form.
- There is a specific form for this type of application that can be obtained electronically via the Planning Portal or by downloading the 1APP form or by collecting from our Main Reception at Appletree Court, Lyndhurst or Lymington Town Hall.
- An Application by letter for the initial discharge may be acceptable as long as this letter contains all details requested on the 1APP form identifies the site, the permission reference and the condition(s) concerned.
- A fee is required for initial discharge of a planning condition and for confirmation that condition requirements have been met. Without a fee, the request cannot be determined.
- The fee is £85 per request relating to development sites, or £25 per request for householder development (for extension or alteration of a dwelling or development within the curtilage of a dwelling).
- Each application may relate to any number of conditions. For example, if you wish to submit details of materials required for one condition and the landscaping scheme required for a second at the same time, you can make one application and pay one fee.
- Negotiation on minor changes to the submitted details can, if considered appropriate by the case officer, be undertaken. Where the exchange of information is ongoing it is not necessary for a new request (and fee) to be submitted.
- If an application is refused, or confirmation is not given, a re-submitted request will be required with the payment of a further fee. There is no "free go" in this context.
- The Council will normally aim to respond within 10 working days and whenever possible the 21 day period suggested as best practice will be met.
- If further evidence or consultations are required a longer period for determination will be appropriate. In such cases, the Council will aim to respond as soon as possible but this period would rarely exceed 8 weeks.
- If no decision has been received within 12 weeks of receipt of a request accompanied by the required information the Council will refund the fee paid.
Variation of terms or removal of a condition
In order to vary the terms of a condition or remove a condition it is still necessary to make an application under Section 73 of the Act.
This application should be made using the 1 APP form
Appeal against the imposition of a condition
If you are unhappy or disagree with the Council's decision to impose a particular condition or conditions you may appeal to the Secretary of State via the Planning Inspectorate.
It is advisable to discuss your concerns with Development Control prior to taking this action, as the Inspectorate have the ability to review the whole application afresh.
Non Material Amendments to extant planning permissions
Anything but the most insignificant change would need to be dealt with by submission of a new planning application (when appropriate a Section 73 application will be most relevant).
For example we could not accept amendments as non material if:
- The application site area differs from the original application
- The application description differs from the original application
- There were any relevant objections to the original proposal which would be compromised by the proposed minor amendment
- If an amendment increases the size of any part of the development
- If the amendment locates any part of the development closer to a neighbour
- If the amendment changes windows or doors in any elevation facing a neighbour which increases overlooking in any way
- The development moves more than 1 metre in any direction
- Would result in a greater visual intrusion, loss of light or feeling of enclosure to neighbours
- The proposal would result in changes to the external details that would materially alter the appearance of the building
A submission to seek a non material amendment must be made using the correct form ( available via the Planning Portal) along with relevant plans and particulars to explain the proposed development. Only one copy of the form and information is required and you will be notified as to the decision within 28 days. At present no fee is required but it is expected that the government will set fees of £25 for a householder application and £170 for all other types of planning application.
If there is any doubt as to the nature or extent of the amendment the Council will ask for a new planning application to be submitted. The issue is that the amendment proposed is so minor in its nature that there is no material change which has no adverse effect on adjoining properties, visual quality or the character of the area. No informal opinions can now be given and any such requests will be returned.
Post decision non material amendments will not be subject of publicity, including notification of neighbours. The web site will be updated if amendments are accepted and copies of the relevant drawings will be displayed.
Minor Material Amendments
In December 2009 the government advised that it wished to see approved drawings specifically referred to in any decision notice thereby facilitating the use of Section 73 to allow minor material amendments to be considered and, where relevant formally approved. A minor material amendment is one seen as "one whose scale and nature results in a development which is not substantially different from one which has been approved".
Formal applications will be required using the relevant 1APP form and supplying all the required information. Normal consultations will be undertaken and the standard time limits will apply. The application will be considered on the basis that an in principle decision has previously been made but all new policies and advice and any changed material considerations will be taken on board. Any permission will be a self contained permission so the full range of conditions will be applied and, where relevant, revised Legal Agreements will have to be in place. It is not possible to seek to extend the time limit of an application using this mechanism.
Pre application discussions as to whether the changes are suitable for consideration using this route are encouraged and no informal opinions on whether changes are acceptable can now be made.
Extensions to Time Limits for current planning and related applications
The extension to time limits is a new procedure introduced by the Government that applies to all planning applications extant on 1 October 2009 and at the date of application that have not been commenced. The power also covers listed building/conservation area applications meeting the above criteria and linked to an eligible planning permission and outline approvals if the reserved matters time limit has not expired or the matters have been submitted but the commencement period remains open.
When agreed by parliament fees for extending time limits will be £500 for Majors, £50 for householder and £170 for everything else. Until these are agreed the fee will be the fee paid for the original application.
The measure is temporary and only applies to permissions granted prior to 1 October 2009 and only one extension allowed. New permissions are not covered as longer periods can be stated by the LPA when they are granted if required.
The standard form (available from the Planning Portal) must be used and no changes to the original permission are allowed and the description and any conditions cannot be changed. New 106's (copies of those previously entered into) etc. will be required for the "new" permission. New and/or enhanced contribution or CIL requirements or new policy criteria, such as sustainable construction and renewable energy can be applied as can new or more demanding constraints e.g. flood risk can. Applications can be refused if these current requirements are not met and applicants should note the current requirements of the emerging Core Strategy. Three copies of the forms and supporting information will be required.
A positive and constructive approach should be taken even though all current GPDO requirements (such as publicity arrangements) apply as do relevant Council procedural and consultation requirements. At NFDC it is intended to consult as for a normal application but making the point via the description of the proposal that this is an application for an extension.
The focus should be on what has changed rather than previous requirements, that can be taken as met, e.g. revised flood risk and nature conservation requirements and other sustainable measures. Permissions can be refused where changes in the Development Plan or other material considerations apply or if a renewal is not seen as an appropriate procedure. Pre application discussions are to be encouraged.
In terms of information given a permission exists requirements will be limited but these will be set out on the form and are very basic comprising information as to the earlier permission and certificates but additional information can be requested where relevant. A Design and Access Statement is not currently required but applicants are encouraged to submit information showing why all current day requirements are met.
No time limits appear to apply but 8/12 or 13 weeks would seem suitable periods for determination.
What are the Council's requirements regarding the code for Sustainable Homes and BREEAM Standards?
Note on the Implementation of Policy CS4 (Energy and resource use) in
the New Forest District (outside the National Park) Core Strategy
Objective 2 (Climate change and environmental sustainability) as supported
by Policy CS4 in the Council's adopted Core Strategy Development Plan
Document (DPD) sets out requirements with regards to energy and resource
use in new development. This includes requirements in relation to the 'Code
for Sustainable Homes' (CfSH) for new residential development and
'BREEAM (Building Research Establishment Environment Assessment
Method) Standards' in relation to new commercial developments over
1000m2.
All planning applications submitted for new residential development1 will have
to meet requirements in the CfSH as set out below:
On or after 1st April 2010 Level 3
On or after 1st April 2012 Level 4
On or after 1st April 2016 Level 6
All planning applications submitted for new commercial development over
1000m2 will have to meet BREEAM standards as set out below:
On or after 1st April 2010 Very Good
On or after 1st April 2012 Excellent
Code assessments and BREEAM assessments are carried out in two phases:
1. An initial assessment and interim certification is carried out at the
design stage. This is based on design drawings, specifications and
commitments.
2. Final assessment and certification is carried out after construction,
based on a design stage review. Confirmation of compliance including
site records and visual inspection.
Building Research Establishment (BRE) advice is that applicants should
appoint an accredited assessor at the earliest possible stage of the planning
process. The applicant can choose a code service provider for the CfSH from
the Communities and Local Government website.
The code service provider will offer a register of licensed assessors to choose
from. The applicant can choose a 'BREEAM' assessor for commercial
buildings via the 'BREEAM' website. In addition to the above best practice advice suggests that the assessments should be merged
or closely linked to Design and Access Statements.
