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Development Control FAQ
 
Development Control FAQ
 
 

What is the Development Control service?

The Development Control service is part of the Planning and Regeneration department which has responsibility for many roles within the Council including planning policy, conservation, economic development, tourism, regeneration and building control. Each year the Development Control service receives over 2000 applications. They include householder proposals, commercial, retailing; tourism and agricultural schemes but by far the most number of applications are for housing. The service seeks to encourage good development whilst preventing bad, ensuring consistency and controlling unauthorised development. ‘Development’ is defined in the Town and Country Planning Act 1990 as “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.” This means that not only physical building works may require consent but changes of use of premises and land can also be development requiring planning permission.



How can I contact Development Control Service or inspect plans?

The Development Control service can be contacted directly by any of the following means:

Telephone:                                01507 601111

Fax:                                          01507  600206

Minicom:                                   01507 329555

E-mail:                      customerservices@e-lindsey.gov.uk

In person:
Planning and Regeneration reception, Tedder Hall, Manby, between

8.45am and 5.00pm Monday to Thursdays and 8.45am to 4.45pm on Fridays.  A duty planning officer is available between 9am and 12.30pm and 1pm and 4pm without a prior appointment.

Plans are available for inspection at the Tedder Hall, Manby and may be available at Parish and Town Councils for applications in the town and parish boundary. However you should check with the local parish or town council that the plans are available.

All applications:
Council Offices, Tedder Hall, Manby, between

8.45am and 5.00pm Monday to Thursdays and Fridays between 8.45am and 4.45pm

Should you have any physical difficulties in reaching the Council’s offices to inspect plans please contact the Development Control Service via any of the methods above to make alternative arrangements.



Before Making A Planning Application

Is planning permission always required to increase the size of my house?

No, in some cases the proposed work could fall under 'permitted development rights' which grant permission without the need for a planning application. The Council have guidance booklets which advise on which types of development need planning permission or alternatively contact the development control service preferably by writing with a plan of what you propose, e-mailing or calling at Tedder Hall.



What are 'permitted development' rights?

Some house alterations, minor extensions, agricultural and telecommunication developments benefit from these rights which mean that planning permission is granted by national legislation without the need to apply to the Council. However, you should always check with the Council’s Building Control Service to see whether the works you wish to undertake need to comply with the Building Regulations. Many alterations need to comply with the Building Regulations even though they do not need planning permission.



How do I check what 'permitted development' rights apply to my property

Contact the Development Control Service by any of the means shown above.



What if my proposal doesn't fall within 'permitted development'?

Then planning permission is required.



What is the difference between planning permission and the Building Regulations?

A planning application assesses the impacts of a proposal on the appearance and character of the building and the area or the enjoyment or privacy of nearby residents. It will assess where a use or other development is an appropriate use for a site. Building Regulations are concerned more with the structural side of construction and will look at areas such as drainage, construction techniques, and ventilation and fire safety. Many developments require the approval of both services and some require consent from one or the other only. It is strongly recommended that both services be contacted before works are commenced.



Can you recommend someone to draw the plans for me?

The Council cannot recommend agents, but some can be found in the Yellow Pages and other directories under headings including 'architectural consultants', 'town planning consultants', 'architects' and 'surveyors'. Alternatively current applications on the East Lindsey web-site under ‘ planning applications receive’ can be viewed to see agents used by other people.



Can I do the drawings myself?

The drawings must be drawn in metric and to scale and must be of a high enough standard for members of the public and consultees to understand what is proposed and for a good record of what has been approved/refused to be retained. If you consider that you can achieve this then you may do them yourself. Poor drawings will not be accepted and returned for better drawings to be submitted. Planning applications with poor drawings will not be determined.



Can I discuss my application before submitting it?

The Council encourages pre-application discussions with planning officers in order that positive improvements and possible problems can be identified. A duty-planning officer is available at the Council offices without an appointment between 9am and 12.30pm and 1pm to 4pm during the week.



Making A Planning Application

How do I make a planning application?

A set of forms will need to be completed which come with explanatory notes. The application forms must be accompanied by full sets of accurate plans showing the proposed development and its location and will normally need to be accompanied by a fee to assist in the cost of processing the application.



Who can make a planning application?

Anybody can apply for planning permission and you do not have to be the landowner, although they do need to be formally advised. The grant of planning permission does not override the ownership rights of the landowner.



How do I get application forms?

Application forms are available from the Council offices in person and can be downloaded from the Council’s website at www.e-lindsey.gov.uk. Forms can also be posted to you by telephoning 01507 601111 or by e-mailing your request.



Why do I need to pay a fee?

Most planning applications are required by Government legislation to be accompanied by a fee. The fee assists in covering the cost of processing the application. Some applications do not require a fee, including those for extensions or alterations to a registered disabled persons dwelling to improve their access to or within the dwelling or to provide facilities for their greater safety, health or comfort.



Why are so many sets of plans required?

The Council requests 4 copies for householder applications and 5 copies for planning applications of all drawings due to the number of consultations carried out. Copies are available for public inspection at Tedder Hall.  The cost of submitting the application is therefore borne by those submitting the application rather than the local population.



After Submitting Your Planning Application

What happens after I hand in my planning application?

The application is checked to ensure all the necessary plans and documentation have been submitted and the appropriate fee has been paid. A record of the application is made on the Council's planning register (used for Land Charges searches, for example). A consultation process is undertaken, a planning officer makes a site inspection, negotiation to improve the application may take place and a decision will then be made.



How long does a planning application take?

The Council endeavours to deal with the vast majority of householder applications within the 8-week period sought by Government. However, some larger and more complex cases take longer.



Is information on the Development Control Committee available?

Yes, information on the Development Control Committee can be found in the Committee frequently asked questions.



Consultations and Objecting To A Planning Application

Why did I not get a letter about a development? /
Why are some applications advertised in the paper and others are not?

Some proposals, including major developments and those affecting Listed Buildings or Conservation Areas, require an advertisement in a local newspaper by law. Different types of development are advertised to different levels. Most planning applications are advertised through a yellow site notice close to the site and by writing to immediate neighbours. 



How do I object to a proposal?

You may write to the Director of Planning and Regeneration to make representations either in support or against. Objections must be made in writing and should be sent by post, by e-mail or delivered by hand. All letters of objection are acknowledged and those making comments will be notified of the Council’s decision.



Can I challenge the grant of planning permission?
There is no statutory right of appeal by objectors against a grant of planning permission. The only way a planning permission may be challenged is by judicial review, permission for which is granted by the Courts.


Does an objection mean my application will be refused?

The Council can only take into account representations made about ‘planning matters’, which mainly cover matters relating to the built environment. Matters that cannot be considered include property values, land ownership and civil matters such as boundary disputes, encroachment or private covenants. Planning applications which do not normally comply with the Local Plan are refused unless national planning guidance from Government or other material considerations provide sufficient reason for planning permission to be granted.



What can I do if planning permission is refused?

Initially discuss the case with a planning officer to see if the reason(s) for refusal can be overcome. You have the right to appeal and for the case to be considered by an independent Government appointed inspector if an agreement cannot be reached.



Unauthorised Development

What does the Council do about unauthorised development?

The Council has a duty to look at all breaches of planning control such as new buildings or uses which do not have planning permission or have been undertaken without complying with conditions laid down by previous planning permissions.



What action is taken against unauthorised development?

If the development may be acceptable then a planning application to regularise the situation is normally invited so that it may be properly considered. However if the development is not acceptable then enforcement action may be taken to remove the breach.



What is enforcement action?

This will normally be a notice setting out the actions required to put right the problem. Failure to comply with the notice is an offence that can be prosecuted in the Courts, or by the Council taking other forms of legal action.



Other General Queries

What is a Listed Building?

Buildings which are included on a Statutory List prepared by the Secretary of State for Culture, Media and Sport as being of special architectural or historic merit and which are subject to special planning control. Proposals to alter or demolish them, including internal structural changes, require specific Listed Building Consent. Nationally 2% of listed buildings are Grade I (of exceptional interest), 4% are Grade II* (particularly important buildings of special interest) and the remaining 94% are Grade II (of special interest). The list can be inspected at Tedder Hall.



How can I find out the location of my boundaries?

The Council does not keep land ownership records and has no powers to rule where they are in boundary disputes. Land ownership records are held at HM Land Registry at Earle House, Portland Street, Hull, HU2 8JN on (01482) 224278.