Planning - Guidance And Information
Frequently Asked QuestionsFrequently Asked Questions
||In this section we have published the answers to some of our most 'frequently asked questions'.
Choose a question from the list below:
- Do I need planning permission?
- What is the difference between building regulations and planning permission?
- What are the different types of planning permission?
- What other consents may I need?
- How do I make a planning application?
- What do I need to submit with my application?
- What happens when I have submitted an application?
- How long will it take to get a decision?
- How is a decision made?
- Where can I see officer reports and committee agendas?
- How do I appeal?
- What are the different types of appeal?
- Where can I view planning applications and appeals?
- How do I comment on a application?
- Where can I view the planning register?
- How do I make a complaint about breaches of planning control?
- How do I contact a planning officer?
- What are and how do I write Design and Access Statements?
- How much will my application cost?
- I am buying/selling a property and my solicitor requires information, what do I do next?
- What Planning Doesn't Do?
- Who Does What?
- What to do if permission is granted?
- Tree Preservation Orders
- The Consultation Process
1. Do I need planning permission?
The legal definition of development includes building and engineering operations and changes to the use of land or buildings.
For domestic extensions you may require planning permission. If you are proposing an extension to your property then you are advised to fill out a Planning Questionnaire. A response will then be sent to you in writing as to whether you need planning permission and / or Building Regulations approval.
For all other type of development, including the change of use of buildings/ land, planning permission may be required.
More guidance on the need for planning permission can be found on the following link: Planning Portal
In all circumstances you are advised to contact a planning officer (contact Development Advice and Control) in order to obtain pre application advice. Or download our Planning Questionnaire. Preferably this should be done in writing so that your proposals are clear. Your enquiry would then be allocated to a case officer, who will come out and visit the site, if necessary.
2. What is the difference between Building Regulations approval and planning permission?
Building Regulations approval (buildings regulations) and planning permission are two separate requirements. Sometimes you may need both; sometimes you may only require one. Planning permission covers the principles of development assessing whether the development will accord with local and national policies and whether it would cause unacceptable harm, for example, to neighbours’ amenities. The Building Regulations cover the structural aspects of development and progress throughout the construction.
Generally, if you need both approvals it is advisable to obtain planning permission first, as without planning permission it will not be possible to implement any Building Regulations approval.
3. What are the different types of planning permission?
There are 3 main types of planning permission:
i) Full Planning Permission – this will be required if you wish to change the use of buildings / land, build an extension, erect new buildings or apply for retrospective permission. (Planning Portal or full planning permission forms and checklists)
ii) Outline Planning Permission – this permission will determine whether the principle of erecting a certain type of development will be acceptable. With outline applications you have the option to reserve certain matters namely access, design, external appearance, landscaping and layout (Planning Portal or outline planning permission forms and checklists)
iii) Approval of Reserved Matters – this is linked to an outline permission and will relate to those matters that have not been approved under the outline. You must clearly state the original outline permission reference number and the date it was granted. Please note that the outline permission may expire if the reserved matters application is not submitted within the stipulated time period (Planning Portal or full planning permission forms and checklists )
4. What other consents may I need?
As well as planning permission you may require other consents which are also dealt with by the local planning authority. These consents include:
- Listed Building Consent (listed buildings and listed building consent forms and checklist)
- Conservation Area Consent (conservation areas and conservation area consent forms and checklist)
- Advertisement Consent (advertisement consent forms and checklist)
- Prior Notification for Agricultural Buildings and Demolition (prior notification forms and checklist)
- Certificate of Lawful / Proposed Use (certificate of lawful / proposed use forms and checklist)
If you are in any doubt over any other consents that you may require you are advised to contact the local planning authority Contact Development Advice and Control.
5. How do I make a planning application?
You can either make a planning application on line or by hard copy.
If you wish to make a planning application on line please click on the following link to the Planning Portal and follow the on line instructions.
If you wish to make an application by hard copy you can do this either by posting or delivering it to:
Development Advice and Control
Ashfield District Council
Urban Road
Kirkby-In-Ashfield
Nottinghamshire
NG17 8DA.
6. What do I need to submit with my application?
Click here to select the relevant forms from our website
Click here to view the Validation Lists
The Validation lists show what documents need to be submitted with each application. You are strongly advised to contact a Planning Officer prior to submission to ensure your application is valid.
Or submit on-line using the Planning Portal
7. What happens when I have submitted an application?
Once you have submitted an application it will need to be validated, to ensure that we have all the relevant information to deal with your application. Once this has been done your application will be allocated to a planning officer; it is this person that you will need to contact if you have any queries or want to know how the application is progressing.
Consultations will also be undertaken. A copy of the Council’s consultation policy procedure can be viewed by clicking on the following link (Code of Conduct for the Planning Service)
The case officer will undertake a site visit and may contact you if any matters need clarification.
8. How long will it take to get a decision?
The local planning authority has, by law, up to 8 weeks to determine applications or 13 weeks for major applications. If you wish to know about how your application is progressing you can either phone the case officer or click here to use our search facility to find your planning application and to view its current status.
There are 2 ways in which a planning application can be decided:
Delegated powers – where the Head of Land and Property Director has powers delegated to him to issue decisions by a panel consisting of the Chair and Vice Chair of the Planning Committee. This is the case for around 90% of our planning applications
The Planning Committee – for major or more contentious applications it may be the case that they are taken to Planning Committee. In certain circumstances Councillors can request applications be reported to the Planning Committee. In this circumstance a report will be prepared by the case officer, along with a recommendation. One objector and one supporter are normally permitted to address the committee to express their views on the matter (public speaking at the Planning Committee)
The calendar of committee meetings can be seen by clicking on the following link (Committee Dates)
10. Where can I see officer reports and committee agendas?
Officer reports that go to planning committee are available online. Planning Committee Reports can also be viewed online or alternatively the agenda can be viewed at the Council Offices. Please note that the committee reports do not become public until 5 working days before the date of the committee. Click here for Planning Committee Reports.
You can appeal on three grounds:
- If your application has been refused
- If the Council has not made a decision within the statutory time limit
- If you do not agree with one or more of the conditions imposed on the permission
Please note that there is no third party right of appeal, so only the applicant can appeal against a decision. You have 6 months from the date of the decision notice to appeal to the Secretary of State. If you wish to appeal you need to contact and submit the appeal forms to the Planning Inspectorate.
12. What are the different types of appeal?
There are 3 types of appeal:
- Written Representations – both parties (yourself and the Council) write a statement and submit it to the Planning Inspectorate. An inspector will then assess the statements, undertake a site visit and make a decision.
- Hearings – both parties prepare statements, followed by an verbal discussion between the parties, which is led by an inspector
- Public Inquiries – A lengthy procedure whereby both parties present their case verbally and each is cross examined by the other.
Written Representations is the most common form of appeal, and is by far the quickest.
13. Where can I view planning applications and appeals?
Current planning applications and appeals and application details dating back to 2004 can be viewed on line. Here you will be able to see all the plans and relevant documents that are associated with a specific application.
Alternatively current and decided applications can be viewed at the Council Offices in Kirkby-In-Ashfield. Current applications can also be viewed at Sutton, Hucknall or Selston.
14. How do I comment on an application?
If you wish to comment on a current application you can do so by searching for the application (Click here) and select the application you are interested in. A link is available for you to comment electronically. Alternatively you can write to the Development Advice and Control Section, Ashfield District Council, Urban Road, Kirkby-In-Ashfield, Nottinghamshire, NG17 8DA, quoting the application number and the name of the officer who is dealing with the application. Please note that verbal comments cannot be taken into consideration.
Any written comments will be taken into account before a decision is made. Comments made cannot be treated as confidential.
15. Where can I view the planning register?
The planning register shows details of all the applications and decisions that have been taken by the local planning authority. It is available to view online or in person at the Council Offices, Kirkby-In-Ashfield.
16. How do I make a complaint about breaches of planning control?
It is the enforcement section that deals with breaches of planning control (Enforcement). The complaint should preferably be in writing. The Enforcement Officer will then investigate.
17. How do I contact a planning officer?
You can contact planning officers in writing, by e mail or by telephone (Contact Development Control and Advice). A duty officer service is also in operation, so if you want to speak with an officer face to face then you can do so at the Council Offices in Kirkby-In-Ashfield between the following hours: 9.30 – 16.30 Monday – Friday. Bear in mind that the duty officer service is to provide general advice only and you may be asked to make contact in writing setting out your enquiry in detail.
18. What are and how do I write Design and Access Statements?
Design and Access Statements must explain how the applicant has considered the proposal and understands what is appropriate and feasible for the site in its context and should clearly explain and justify design and access principles that will be used to develop future details of the scheme. Click here for more information on Design and Access Statements.
19. How much will my application cost?
Our pre-application discussions and questionnaire service are free of charge.
The cost of the actual planning application will depend on the type of planning permission you are applying for. Please refer to the planning fees list. Click here for more information on the cost of submitting a planning application.
20. I am buying/selling a property and my solicitor requires information, what do I do next?
We can supply written information for your solicitor in relation to the sale of a property. For more information please contact Development Advice and Control on 01623 457305. Click here for contact details.
The term 'planning' is used in many different ways and is often used to indicate the whole development process or all local authority regulations to do with building.
That it is not the way it is used here. Town and country planning covers the preparation of plans and the control of development, and the many operations concerned with deciding planning applications.
There are a number of other aspects of the development process that come under other forms of regulation. Planning does not regulate building standards or the construction processes involved. These come under the Building Regulations and may involve the need for separate building regulations consent. Neither does the planning service design buildings. That is the job of the architect, though the planning authority may have adopted certain design standards it requires to be met.
There are also different regulations governing the display of outdoor advertising, developments affecting 'listed' buildings of historic or cultural importance, and demolition of unlisted buildings in conservation areas. Nor does planning have anything to do with resolving disputes between neighbours, unless breaches of planning regulations are involved.
The applicant is the person or organisation putting forward the proposal. They are also responsible for paying the appropriate fee for the application. It is usually advisable for applicants to discuss their ideas informally at an early stage with any affected neighbours. The applicant is responsible for implementing the project in accordance with the planning permission and any conditions attached to it by the planning authority. Applicants also decide, with the help of any advisers they may have, whether to appeal against a refusal.
The agent is the person or organisation who is employed by the applicant to make the application on their behalf. It is not compulsory to employ an agent and it is the applicant's decision to use one or not
The local authority receives the application and places it on a register, available for public inspection. It publicises the application and begins to process it, taking due account of all comments received. Planners working for local planning authorities may have powers delegated to them to decide minor matters themselves. Otherwise they present a recommended decision to the Planning Committee, which is made up of elected councillors. The councillors make the decision. They do not always follow their officers' advice.
Central government and Government Offices for the regions
Large proposals or controversial applications of national significance may occasionally be 'called in' so that the First Secretary of State can decide them. The Government Offices for the regions may also 'recover' an appeal on an issue of particular concern to the Secretary of State, who will then take the decision after considering the Inspector's report.
Other organisations
Some national organisations with special expertise, such as the Environment Agency and English Heritage, have the right to be consulted about planning applications in certain circumstances. Local planning authorities also sometimes consult a local organisation, such as a Civic Society or branch of the Council for the Protection of Rural England, though they are not obliged to do so by law.
23. What do I do if permission is granted?
The council grants/refuses planning permission by sending you a letter notifying you of its decision.
Starting work
Generally, unless your permission says otherwise, you can begin the development at any time within three years of the granting of planning permission. If you have not started work by then, you will probably need to reapply.
If the permission is subject to conditions, for example, requiring you to submit for approval details of a specified aspect of the development which was not fully described in the application, these must be dealt with before the development can begin.
If outline permission has been granted, you will need to submit a further application for approval of anything that was not covered by the outline application (known as "reserved matters") before starting work. This must be done within three years of the grant of outline permission.
You may also need to get other approvals such as listed building or conservation area consent before you can start work.
Changes
It may be possible for you to make minor changes as you proceed but you should check the position with the council first. Any significant variation would require a further planning application.
Conditions
As an alternative to outright refusal, the council may grant permission subject to conditions, for example, restricting what you can do on the premises, or requiring you to get specific approval for aspects of the development, such as the materials to be used, before you can proceed. The council has to give reasons for the conditions.
If you are not prepared to accept the conditions you can either discuss the position with the planning officer, who may be able to suggest ways of overcoming the council's objections, or you can appeal against the condition(s) that you do not agree with.
Who can use the planning permission?
Planning permission runs with the land. Therefore, the question of who is to carry out development for which permission has been granted, or subsequently occupies the premises, is not normally relevant. This means that land or buildings can usually be sold or let with the benefit of planning permission. Occasionally, however, planning conditions may limit the use or occupation of land or premises to a named person or company. If you wish to sell or let a building or land which is subject to such a conditional permission you will need to apply to the council to remove or vary the condition.
TopMany trees throughout the District are protected by Tree Preservation Orders. The number is added to each year as our policy is to protect healthy trees which are in danger of loss. If you are aware of an imminent threat to any tree, group of trees or a wood, please let us know, click here for contact details Development advice and Control.
Trees in a Conservation Areas are also offered the same protecton as trees the subject of a formal Tree Preservation Order.
Prior to carrying out any work on a tree protected by a preservation order permission must be sought from us, a copy of the application form and guidance notes is available below for you to download. No fee is required with this application.
The leaflet, Tree Preservation Orders: A Guide to the Law and Good Practice provides information and further information regarding Tree Preservation Orders is available on the Communities and Local Government website.
We must consult certain government departments agencies and specialist interest groups in certain instances. We may also notify other council departments and interest groups depending on the nature of the proposal.
We also consult occupiers of property and land adjoining or opposite the site and may extend this to a wider area basis or use site notices and advertisements in the press. A minimm statutory period of 21 days is given for replies before any decision can be made.
If the site of the application is near the boundary with another local authority we may also consult planning officers from that council.
If you would like to comment on an application please view our planning application search pages and search for the planning application you are interested in.
Print this page
E-mail this page