Hestia Town Planning

Applications Types

The type of application needed will depend on your project and intentions. We can advise you on the best approach and application required. We write and submit a variety of applications across a wide range of sectors, including: domestic, residential, commercial, energy, infrastructure, retail, leisure and mixed use.

Select a link below to learn more about the statements that we can help with.

Full Planning Application

A detailed planning application is the main type of consent sought and can be incredibly varied in scope and scale and can require a wide range of supporting information. Supporting information can vary from flood risk assessments to bat surveys. If your planning application requires the input from other specialists then we can recommend the right consultant, who will be able to support your application or appeal if necessary.

Outline Planning Application

An outline application is a less detailed way of obtaining planning approval and only considers key aspects to a scheme, including the principle of development, use, scale etc.

For example, an outline planning application could be submitted to determine whether a piece of land is suitable to build a new dwelling or houses.

This type of application generally has fewer details than a full planning application which can help to reduce the costs and risks of producing such an application and can be used strategically and at an early stage, to seek key principles.

Once an outline council planning application has been approved a further one will need to be submitted for the remaining details. This is known as a Reserved Matters Application.

Reserved Matters Application

The five reserved matters are Access, Appearance, Landscaping, Layout and Scale.

Reserved Matters Planning Applications seek approval for the details not submitted at the outline planning application stage. They can be submitted as one application or individually.

Access incorporates movement into and within the site for vehicles, pedestrians and cycles.

Appearance relates to the “visual impression” or ‘look’ of the building or place including its architecture, materials, decoration, lighting, colour and texture.

Landscaping covers the land which isn’t built on and incorporates boundary treatment, soft and hard landscaping, gardens and amenity areas.

Layout deals with the position, orientation and relationships between the access routes, landscaping and building.

Scale is the length, width and height of any building or development and its relationship with its surroundings.

Change of Use Application

Anything that is considered to be a ‘material’ change of use needs planning permission. What is determined as material will depend on the circumstances of each case and is decided by the local planning authority.

Change of Use permission projects use existing buildings and seek to change the use from one planning class to another. Many changes are permitted development or require some form of prior approval or notification.

We have worked on many projects where the conversion of a building included a change of use.

Householder Planning Application

A householder application is specifically for “works or extension to a dwelling” and includes work within the curtilage of a house.

Examples include house extensions, conservatories, loft conversions, garages and outbuildings. Works to flats, multiple dwellings or anything outside of the garden area does not fall under the Householder Planning Application system.

In addition, some works to dwellings may not require planning approval. These include internal works including works to the building fabric as well as the garden area (sheds, outbuildings, fences etc.).

Some smaller extensions do not require planning approval and are classed as Permitted Development. These are subject to detailed regulations covering their relationship with their surroundings.

Listed Building Consent

Listed Building Consent is required for any alterations, extensions or demolition of a listed building if it affects the character or appearance “as a building of special architectural or historic interest”.

Listed Building Consent is also required where works are carried out within the curtilage of a listed building which often covers a wider scope than the physical or ownership boundaries.

Appointing experienced planning and conservation professionals at the outset of any project is essential to minimise delays, costs and to ensure the appropriate consents are secured as failure to do so could result in a criminal conviction.

Liaising with the Local Planning Authority Conservation Officer is an essential part of the process to discuss whether planning permission is required and what might be acceptable.

In considering granting Listed Building Consent, the LPA will give attention “to the desirability of preserving the building, its setting and those features which make it special”. For more information please see the Historic England website or contact us for more information.

Notification of Proposed Works to Trees in a Conservation Area

A Conservation Area is a specially designated area for a place of special architectural or historic interest.

The Council, through by the local planning authority, designate such areas which then means additional planning controls and restrictions to protect the features which make the areas unique and special. Such areas include historic town centres, entire villages, individual streets or individual features such as canals.

Unlike listed buildings Conservation Areas extend further than individual buildings to include the wider built and natural environment including streets, trees, hard and soft landscaping as well as views and settings.

In conservation areas, notice is required for works to trees that have a trunk diameter of more than 75mm when measured at 1.5m from ground level (or more than 100mm if reducing the number of trees to benefit the growth of other trees).

You have to give your local planning authority six weeks’ notice before carrying out work on trees which are located in a conservation area but are not yet the subject of a tree preservation order. This gives the authority an opportunity to consider whether an order should be made to protect the trees.

You must give six weeks’ notice before carrying out work to trees in a conservation area that are not protected by a TPO.

If you think you are in a Conservation Area and want to undertake works to trees, contact us today to see how this affects your property? At Hestia Planning, we have a wide range of experience of working in such areas and obtaining Conservation Area Consent in urban and rural areas. Contact us to discuss your requirements.

Consent Under Tree Preservation Order

You will normally need to contact your local planning authority (LPA) before any work can be carried out on protected trees.

Protected trees include those covered by a Tree Preservation Order (TPO) or those which grow in a conservation area (see above). You may need consent even if you wish to prune branches overhanging from a neighbour’s protected tree.

TPOs – If you wish to carry out work to trees protected by a TPO you must apply. Your application, and any subsequent appeal, will be decided on the basis of the information provided at the point the application is made, so it is worth contacting us and getting it right at the start.

Permitted development – You must also apply or give notice to your LPA if you want to work on a protected tree where you are carrying out development where full planning permission is not needed.

Planning permission – Where full planning permission has been granted you might need to apply or give notice to the LPA before carrying out work to protected trees.

Advertisement Consent

Generally, small advertisements (no bigger than 0.3 square meters) which are not illuminated or slightly larger temporary notices (local events, street parties etc) may not require formal Advertisement Consent.

Consent is required for all advertisements other than those listed in the relevant regulations. There are three categories of advertisement consent:

1. Advertisements which do not require deemed consent or express consent

2. Advertisements which have deemed consent

3. Advertisements which require express consent

The Government have produced a guide for advisers for those wishing to display outdoor or illuminated or certain indoor advertisements although professional assistance can be useful to determine either whether Advertisement Consent is required or to give your application the best chance of success.

If you are considering an advert for your business, contact us today to discuss how we can assist.

Lawful Development Certificate

For peace of mind that an existing or proposed use of a building is lawful or that the proposal doesn’t require planning permission, you can apply for a lawful development certificate.

An application for a Lawful Development Certificate form should be used to establish whether:

• an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful

• a proposed use of buildings or other land, or some operations proposed to be carried out in, on, over, or under land, would be lawful

Examples when an application for a Lawful Development Certificate should be made include:

• when planning enforcement action is taken by the local planning authority and the owner believes it is immune from action because the time limit for taking enforcement action has passed.

• when an owner discovers, in the course of a sale of the land, that planning permission has never been granted, and needs to show a prospective purchaser that no enforcement action can be taken by the local planning authority

An application for a Lawful Development Certificate is also sometimes used in cases involving intensification of use or where the precise nature of the existing use is difficult to describe, such as:

• secondary uses

• mixed uses

• intensification

• sub-division of the planning unit

Permission in Principle

Permission in principle planning applications are an alternative way of obtaining planning permission for housing-led developments.

This planning application considers the principle of development rather than its technical/design detail. This route has two stages with the second being the Technical Details Consent.

This is a relatively new form of application. It is a time limited application and is suitable for certain sites only – but if your site qualifies it could be very useful to use as part of your developments. It is similar to an outline planning application, but differs in a couple of aspects.

A Permission in Principle is suitable for developments of between 1 and 9 dwellings, total development of under 1,000 square metres and a site of under 1 hectare. It cannot be used for larger developments. It is time limited to 5 weeks from the day after the planning application has been vali-dated. It can be on previously developed land or the curtilage thereof as well as undeveloped land.

Many Local Authorities and design teams will not be familiar with the practical elements of such a planning application.

Clear and professional advice should be sought at the earliest stage to determine how best to seek the relevant planning consent for a site.

Technical Details Consent

Following the granting of the first stage of a Permission in Principle, a second stage planning applications for Technical Details Consent will be required.

The effect of such approval is that of granting planning permission for the development. Similar to Reserved Matters Planning Applications, Technical Details Consent planning applications will incorporate the key design elements and drawings for the scheme. Lawful Development Certificates

The Certificate of Lawful Use (Existing or Proposed) is a useful formal tool to prove that the use or construction works etc are lawful and/ or do not require planning permission.

At Hestia Planning we are fully up-to-date with the current regulations and planning contexts and can advise fully on all matters relating to permitted development and Lawful Development Certificate applications and permissions.

Depending upon the requirements of our clients and the specific nature of the proposals or context, we are able to ensure that schemes can be de-signed within the permitted development regulations and seek confirmation from the Local Planning Authorities accordingly. The rules in England and Wales are currently different further confusing the issues and making it even harder for non-planning professionals to be sure of the situation.

As RTPI Chartered Town Planners we are best placed to assist with any matters relating to permitted development or the obtaining of a certificate of lawfulness. Please contact us for more information.

Prior Approval Application

Certain developments are considered permitted development and therefore do not require planning consent, however, some of these required notify-ing the Local Planning Authority in order to determine whether prior approval is required.

The prior notification procedure is the requirement for developers to notify the council to determine whether prior approval is or isn’t required.

The risks and impacts of the proposals will vary depending upon the location, context and current/ existing/ proposed use with factors such as design, appearance, transport and highways impacts and flooding risks considered by the LPA.

The prior notification route is supposed to be generally straightforward, with local planning authorities making prompt decisions, however, this is not always the case, particularly for more complex schemes or appeals.

It is essential to provide the relevant information to support application and as such planning professional can provide invaluable advice and assistance to give the prior notification application the best chance of success.

Retrospective Planning Application

Retrospective planning permission is the granting of planning approval after construction works or changes of use have been undertaken, whether they have commenced or completed.

There are many reasons why there is a need for retrospective planning permission, including for works that were considered to be permitted develop-ment which later transpires, for whatever reason, not to be the case. Local Authorities may also invite owners to submit an application in advance of formal enforcement action being taken where it is suggested planning permission is required.

Non-Material Amendment to an Existing Planning Permission

There are opportunities to submit planning applications to amend or vary planning approval:

Non-material amendments – planning applications seek minor or very small changes to a design or approval. Unfortunately, there is no statutory definition of what a ‘non-material amendment’ is and no right to appeal.

Minor material amendments (also known as Section 73 Applications)– the application does not significantly change a scheme but includes ‘material’ rather than ‘non-material’ amendments.

This area of the planning system can be quite complex. Obtaining the right professional advice is essential to reduce the time and cost associated with obtaining the right consent. We have a wide range of experience in dealing with this area.

Even when a planning application is approved it is still possible to amend a proposal.

Removal/Variations of Planning Conditions

The complexity of the planning system today means that the best outcomes are achieved by appointing an experienced and knowledgeable consultant or planning agent to discuss, monitor and negotiate both at the pre-app (pre-application) stage and throughout the planning application process.

Often these negotiations can save a substantial amount of time and allow the applications to be determined within the statutory eight week period.

Whilst it is possible to apply to vary planning conditions or even to appeal against planning conditions, it is often very useful to discuss the wording of planning conditions with the planning officer prior to planning committee determination to ensure the planning conditions are appropriate, not onerous and achievable. Careful discussions can reap substantial rewards in reducing the burden of bureaucracy in the discharge of planning conditions, facilitat-ing earlier construction starts etc.

Planning Legal Agreements (Section 106 Agreements, Planning Gain, Unilateral Undertakings etc) are also now a fact of life with many, specifically larger, planning approvals. As experienced Planning Consultants with a good working relationship with many Local Planning Authorities, we can facilitate these agreements to reduce the cost burden or to negotiate a more favourable outcome or terms. Early negotiations assist to develop clear successful out-comes.