Overview of the Planning Process
The planning system plays an important role in helping to protect the environment in our towns, cities and countryside. As the regulations cover many different situations they can be quite detailed, even for the simplest of applications. The present position requires major works on a building to have planning permission and it is always wise to check with the planning authority before starting any work.
Contents
- Local Planning Guidance
- What minor works might need a planning application?
- What happens when you put your planning application in?
- Planning glossary
Local Planning Guidance
Richmond Council has posted extensive planning information on their web site. This includes their planning applications updated each week.
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What minor works might need a planning application?
The discussion that follows is provided without responsibility, for interest only, and should not be relied upon as a statement of fact.Minor building works that currently require planning consent may include the following:
- A building, or structure, which would be nearer to any highway than the nearest part of the 'original house' unless there would be at least 20 metres between the new building and any highway;
- Additions, or buildings, that would cover half the area of land around the 'original house';
- A building that is not to be used for domestic purposes;
- If the building or structure is more than three metres high or more than four metres if it has a ridged roof;
- If your house is a listed building or in a Conservation Area and you wish to build a structure with a volume of more than 10 cubic metres;
- An addition of a porch needs planning consent if it would have a ground area of more than three square metres externally, would be higher than three metres above ground level or would be less than two metres away from the boundary of a dwelling house with a highway;
- Planning consent is required for fences, walls and gates if the house is a listed building, or the fence, wall or gate is over one metre high and next to a highway used for vehicles, or if over two metres high elsewhere.
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What happens when you put your planning application in?
The application is lodged with the council who should acknowledge it within a few days. They will then place it on the Planning Register at the council offices so that any interested member of the public can inspect it. The council will also either notify your neighbours or put up a notice on or near the site. In most cases the application is advertised in the local newspaper. The application and plans are also lodged at the Kew Library for any member of the public to inspect the application and plans. This is where the Kew Society planning group reviews planning applications.
Any individual can comment on a planning application to the planning authority and a planning officer can determine applications if within their delegated power. Alternatively the application goes forward to a Planning Committee made up of elected councillors when the planning officer concerned then prepares a report for the councillors. You are entitled to see the report to the committee and also to see certain background papers used in the preparation of the reports. These will generally include the comments of consultees, objectors and supporters. Any interested member of the public can address the Planning Committee for three minutes on the planning merits or demerits of the application (Click here for notes on procedures).
The Planning Committee will then decide whether to grant planning consent or not. They have to consider whether there are any good planning reasons for refusing planning consent or for granting consent subject to conditions. They cannot reject a proposal simply because many people oppose it. The Committee will look at whether the proposal is consistent with the development plan for the area, and planning issues include things such as potential traffic problems, affect on amenity and the impact on the appearance of the surrounding area. Things such as moral issues, personal circumstances of the applicant or the affect of the development on property prices are not relevant to planning and will not normally be taken into account by the council.
If the application is refused or the council does not issue a decision, you can appeal to the Secretary of State for the Environment, Transport and the Regions, but this can take many months to decide.
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Glossary of Planning Terms
Prepared in May 2001 by the Civic Trust, 17 CarIton House Terrace, London, SW1Y 5AW
The Civic Trust is concerned with improving and regenerating the environment for the benefit of the community. It promotes high standards of planning, conservation and design and has strong links with local communities through its network of nearly 900 member Civic Societies (of which the Kew Society is one) www.civictrust.org.uk
Accessibility The case with which people can travel to a site by different modes of transport.
Affordable Housing Housing which meets, and continues to meet, the needs of people who are otherwise unable to enter the housing market but there is no standard definition. 'Affordable' is not synonymous with 'cheap'.
Agenda 21 A programme of worldwide action to achieve more sustainable development for the future. UK Government adopted the declaration at the United Nations Conference on Environment and Development (Earth Summit) in Rio de Janeiro, 1992.
Area of Outstanding Natural Beauty (AONB) A protected land designation defined by the Countryside Agency. Local Planning Authorities are required to give weight to the natural beauty of the landscape when determining applications for development. They must also prepare management plans.
Article Four Direction A direction under Article 4(2) of the General Development Order, which may require approval by the Secretary of State for the Environment, bringing under the control of the Local Planning Authority any specified developments normally permitted under the Town and Country Planning (General Permitted Development Order) 1995. Permitted developments are usually smaller, such as minor extensions, etc.
Backlands Areas of land behind existing developments including gardens and garage space.
Best Practicable Environmental Option (BPEO) Can be applied to any aspect of pollution control and used to indicate the waste disposal choice having the least impact on the environment.
Brownfield Sites Land previously used for urban or industrial development.
Bus Boarders Alterations in the kerb line to allow buses to approach kerbs more easily and to allow passengers to enter and leave the bus on the level.
Combined Cycleways A footway that has been designated by a sign for the use of both cyclists and pedestrians.
Contaminated Land Pollution grading term used to describe land that contains concentrations of substances that are likely to be harmful both to people and the environment.
Covenants Legal restrictions on land that control its use or development.
Defensible Space An exterior space usually adjoining a private space that conveys an impression of privacy.
Determination The term used for Local Planning Authority consideration and decision making relating to planning applications.
DETR Formerly the Department of the Environment, Transport and the Regions - Now known as the Office of the Deputy Prime Minister ("ODPM").
Development Brief Document that sets out the key issues that need to be taken into consideration when producing detailed proposals for a site.
Embodied Energy The amount of energy consumed in the extraction, manufacture, transport, assembly on site and eventual removal/demolition of building materials.
Enabling Development Development generating cash and profit deemed necessary to pay for any non-profit making aspects of the development, such as repairs to historic buildings. The development would not go ahead without the cross subsidy.
English Heritage The national body with responsibility for historic buildings, ancient monuments and their landscapes.
Environment Agency (EA) The national body with responsibility for environmental matters, including rivers, pollution, waste, sewerage, etc.
Environmental Impact Assessment (EIA) A process that provides decision makers with an indication of the environmental consequences of their decisions and actions. Prepared as a comprehensive document by the developer and other parties on likely outcomes of proposals, e.g. traffic impacts, air quality, effects on the ecology, waste, pollution, etc.
Foyer Centre for young people with specific problems such as homelessness and unemployment.
General Development Order The Town and Country Planning General Development Order 1988 sets out planning procedure and regulations mainly related to Permitted Development (which does not require formal planning permission). Now superseded by the Town and Country Planning (General Permitted Development) Order 1995.
Green Belt Areas of predominantly open land around built up areas, which have a strategic role, checking unrestricted sprawl of the built Environment, and safeguarding the surrounding countryside from encroachment.
Grey Water Rainwater and wastewater from washing.
Home Zone A residential and pedestrian area where car use is discouraged.
Landfill sites Land used for waste disposal.
Legible Environment An easily understandable and navigable place.
Lifecycle analysis The assessment of energy costs over the long term in the construction and final building form, taking into account extraction, processing, use, maintenance and disposal of the materials involved.
Listed Building Buildings listed on the statutory list of buildings of special architectural or historic interest by the ODPM under Sections 1 and 2 of the Town and Country Planning ( Listed Buildings and Conservation Areas) Act 1990, requiring a specific form of planning permission known as Listed Building Consent before alterations, extension or demolition is allowed. Control also applies to anything within the curtilage of a listed building. Grades include Grade 1 (of exceptional interest); Grade II* (particularly important and of more than special interest) Grade 11 (of special interest warranting every effort to preserve them).
Local Distinctiveness The particular characteristics of a locality that distinguishes one local area from another.
Net Residential Area The area devoted to residential use, including gardens, incidental open space and half the width of the adjoining road up to 6m. On a corner only one road frontage is counted.
ODPM Office of the Deputy Prime Minister - formerly the Department of the Environment, Transport and the Regions.
Outstanding Planning Permission Where planning permission has been granted for development but has not yet been implemented and where the permission has not lapsed.
Permitted Development Development that does not require the formal permission of the Local Planning Authority.
Planning Obligation (formerly Planning Gain) An agreement between a developer and a planning authority that makes an unpalatable planning proposal easier to swallow: e.g. a proportion of affordable housing in a residential development or community use of some sort in a mixed development. See Section 106 agreement.
Privacy Distance A defined unit of measurement for separation between two habitations.
Public Open Space Parks, recreation grounds and gardens provided by the local authority or government for public use (even if closed at certain times). Does not include school playing fields.
Rio Principles 27 principles, agreed and signed up to by the UK Government at the Earth Summit in Rio in 1992, in the interests of all and to protect the integrity of the global environment, recognising the integral and interdependent nature of the Earth. The first states: human beings are at the centre of concerns for sustainable development; they are entitled to a healthy and productive life in harmony with nature.
Scheduled Ancient Monument(SAM) A building included in the Schedule of Monuments compiled under Section 1 of the Ancient Monuments and Archaeological Areas Act 1979. They have statutory protection and any application for any works must be made to the Secretary of State for the Environment.
Section 106 Agreement An agreement under Section 106 of the Town and Country Planning Act 1990, made between the Local Planning Authority and developer/land owner, to restrict or regulate the development of land. Often takes the form of an offer by the developer of some kind of planning advantage. Otherwise known as Planning Obligation.
Self-Policing Casual surveillance carried out by residents in their day to day activities which serves to discourage criminal behaviour.
Sites of Special Scientific Interest (SSSI) An area of land that in the opinion of the English Nature is worthy of protection and is of special interest by reason of its flora, fauna or geological features. (Wildlife and Countryside Act 1981, Section 28).
Speed Restraints Design features applied to new streets and roads to keep traffic speeds low.
Statutory Undertaker Authorised by law to carry out any railway, road transport, water, sewerage, gas supply works, etc. (Town and Country Planning Act 1990, Section 262).
Sustainable Development Development which meets the needs of the present generation, balancing environmental, social and economic needs, without compromising the ability of future generations to meet their own needs.
Traffic Calming Measures applied to existing roads to keep traffic speeds low.
Tree Preservation Order (TPO) An order made under the Town and Country Planning Act 1990 in order to preserve trees of amenity value including garden trees. The cutting down, topping or lopping of such trees cannot be done without Local Planning Authority consent. There are additional powers to protect trees in conservation areas.
Unitary Development Plan (UDP) Borough-wide statutory development plan which sets out the Local Planning Authority's proposals for the control of development and use of land including measures for the improvement of the physical environment and the management of traffic over the next ten years. Prepared in accordance with the Town and Country Planning Act 1990.
Urban Village A traffic calmed, mixed use neighbourhood maximising community involvement.
