AGENTS FORUM
9th July 2014
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INTRODUCTIONS
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DRAFT ALLOCATIONS PLAN
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CHANGES TO PLANNING LEGISLATION
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National Planning Practice Guidance
(NPPG)
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• National Planning Policy Framework(NPPF).
• Introduced a set of streamlined national
planning policy.
• National Planning Practice Guidance(NPPG).
• A significantly reduced series of guidance
has been published
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• Series of circulars and planning guidance
notes have been cancelled.
• The new guidance does cover a wide
range of topic areas including Design,
Use of Conditions, Flood Risk and
Enforcement.
• Guidance should be viewed on line.
http://planningguidance.planningportal.gov.uk/
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Permitted Development- Prior Approvals
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• A “mini” Planning Application
• Relates to proposals which are permitted
development
• Seeks to enable the LPA to have a say in
aspects of the scheme
• Agricultural Buildings,
Telecommunications, larger household
extensions
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• New Categories
• Shops and offices to residential
• Agricultural buildings to commercial or
residential
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• Prior Approval Barn Conversions
• Only limited guidance available
• Case law and appeal decisions likely to set
practical use
• FODDC have set some guidance published
on web
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• The building may not be enlarged in any
dimension
• The curtilage cannot exceed the footprint of
the building
• The building has to have a current
agricultural use and is part of an established
agricultural unit
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• Up to 3 dwellings can be created but the total
floor area may not exceed 450sq metres
• Agricultural tenants have to agree and no
application can be made within a year of
terminating a tenancy
• Permitted development rights for buildings
must not have been used
• If exercised, permitted development rights for
new Ag buildings restricted
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• The regulations do allow for the installation or
replacement of windows, doors, roofs or
exterior walls, installation of services
reasonably necessary for the building to
function as a dwelling house and allows
partial demolition
Conversions not permitted
• Listed Buildings, Buildings within
Conservation Areas or AONBs
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How are the Submissions Determined?
• 56 day period
Issues for Consideration
•
•
•
•
•
Transport and Highways Impacts
Noise
Contamination
Flood Risk
Location and Siting : Is it impractical or
undesirable to convert
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• Prior Approval for the Siting and Design of
the Building may also be requested.
Protected Species
• Not referred to as specific criteria for
consideration
• However the DCLG consultation response
stated
“All changes under permitted development
are required to meet necessary habitats and
environmental legislation and regulations”
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Accordingly, in the majority of cases the Prior
Approval application will need to be
accompanied by a protected species survey,
with a mitigation strategy if species are found
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Key Points
•
It must be a conversion, therefore, wholesale
rebuilding of a structure will not be supported. This
means that some types of buildings are not deemed
to be suitable
Dutch and Pole Barns
Glasshouses
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Curtilage is deemed to include the parking and
Access. Small barns which need extensive new
accesses are likely to need full planning
permission instead.
Many barns will need Full Planning permission.
However the government's commitment to the
principle that barns are suitable for residential use
will be a material consideration
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CHANGES TO LISTED BUILDING
LEGISLATION
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Heritage Partnerships
Listed Building Consent Orders
Certificate of Lawfulness of Proposed Works
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Conservation Area Consents replaced by
Planning Permissions
Listed Building Entries can be more precise:
confirming features/buildings not given
protection
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NEIGHBOURHOOD PLANS
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REVIEW OF SERVICE
Don’t forget to submit your questionnaire
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ENFORCEMENT PLAN
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Replaces Enforcement Protocol
NPPF requires LPAs to have Enf. Plan
Viewable on-line
http://www.fdean.gov.uk/nqcontent.cfm?a_id=6490&tt=graphic
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How we will deal with Complaints
Procedures- What you can expect
Tools available
Shorter, simpler user friendly document
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FUTURE OF THE FORUM
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ANY OTHER ISSUES