Latest Planning applications FAQs from Warwick District Council.

Will I be consulted about the retrospective planning application?

Thu, 10 Apr 2014 11:43:08 +0100

Question: Will I be consulted about the retrospective planning application that has been submitted for x?

Answer:

Yes, if you are an adjoining neighbour or registered as a complainant with the enforcement section.

Why has x been allowed to make a planning application for work?

Thu, 10 Apr 2014 11:41:36 +0100

Question: Why has x been allowed to make a planning application for work they have already carried out without permission?

Answer:

It is not an offence to build something without planning permission and retrospective applications are a way of controlling the situation.

Issuing or refusing your certificate of lawfulness?

Thu, 10 Apr 2014 11:22:11 +0100

Question: Issuing or refusing your certificate?

Answer:

We will only grant your certificate if we are satisfied that it passes the tests described in the other questions in this Certificate of Lawfulness section. Our decision will be based on the information or evidence you have submitted as part of your application. We will make our decision based on the "balance of probability" revealed by the evidence you have put forward. We will explain why it has come to its decision in writing by issuing a decision notice.

If the decision is to refuse to issue a certificate and you disagree with this decision you can challenge it by appealing to the Secretary of State. Information about the appeal process will accompany the decision notice.

Applications for Certificates of Lawfulness are handled within the Appeals Section within the Development Control Group at:

Warwick District Council
P.O. Box 2178
Riverside House
Milverton Hill
Leamington Spa
CV32 5QH

Telephone enquiries: 01926 456 536
Fax 01926 456 542.

Making an application in relation to an existing use or development

Thu, 10 Apr 2014 11:19:55 +0100

Question: If you are making an application in relation to an existing use or development. What do I do?

Answer:

If you are making an application in relation to an existing use or development, it is likely you will need to prove one or more of the following in order for your application to be successful:

The use began more than ten years ago and has continued ever since or;
If the use is a house or flat, it began over four years ago and has continued ever since;
In the case of a breach of a condition attached to a planning permission, it began more than ten years ago and has continued ever since;
The building works were completed more than four years ago;
The building works were not development as defined in the Planning Act and therefore did not need planning permission when they took place;
The building works were permitted development when they took place and therefore did not require planning permission.
There are other grounds, which you think are valid in planning law.

For changes of use, you will need to submit evidence to show clearly what the existing use is, that it started on a certain date and has continued ever since. The best type of evidence is statutory declarations by one or more independent persons. This should also be accompanied by other information to support your arguments such as rent books, company accounts, rate returns, vehicle registration documents, gas, electricity bills and so on. The evidence will only be of use if it identifies clearly the separate use or uses in question.

Application forms

I am making an application for proposed use or development

Thu, 10 Apr 2014 11:17:37 +0100

Question: I am making an application for proposed use or development. What do I do?

Answer: If you are making an application for a proposed use or development, please note:

All proposed householder developments should be accompanied by scaled drawings of the proposed works and a site plan, which shows the proposal in relation to the curtilage of the property and its relationship to the public highway.
If you are applying for a proposed use, you will need to provide plans showing the use to which all parts of an existing site or building are used and the proposed use(s) clearly labelled.
It is not the job of the Council to find out information to support your application. Whilst the Council may have its own land use and other records, they will be used by the Council to either support or reject your claim to a certificate.

Application forms

How do I make an application for a Lawful Development Certificate?

Thu, 10 Apr 2014 11:15:12 +0100

Question: How do I make an application for a Lawful Development Certificate?

Answer:

You need to complete either the form for an existing or a proposed development. See the links below for forms. You can also telephone us on 01926 456536 and we will send out the necessary forms to you. Any application must have a completed and signed application form, the appropriate fee and any necessary drawings or information to support your case. You always need to clearly identify the site with a suitable site plan, describe exactly what you are applying for and provide clear precise and unambiguous evidence to support your claim. It is not the job of the Council to find out information to support your application. Whilst the Council may have its own land use and other records, they will be used by the Council to either support or reject your claim to a certificate.

Planning Portal

Application forms

What type of Certificate should I apply for?

Thu, 10 Apr 2014 11:12:12 +0100

Question: What type of Certificate should I apply for?

Answer:

There are two types of Certificates, relating to either existing or proposed development. A lawful development certificate for a proposed use or development allows you to confirm whether or not proposals to carry out building works or use a building or other land for a particular purpose is lawful; in other words, the law allows this to be done without the need for planning permission. A certificate for an existing use or development is used to confirm whether an existing building or use of a building or land is lawful. It may also be used to confirm that an activity that might be in breach of a planning condition may still be carried out without the need for planning permission. Such certificates can confirm that the works or use cannot be the subject of enforcement action under planning legislation.

Who can apply for a Lawful Development Certificate?

Thu, 10 Apr 2014 11:11:19 +0100

Question: Who can apply for a Lawful Development Certificate?

Answer: Anyone has the right to submit a Certificate of Lawfulness application on a property or site. This means that prospective purchasers or occupiers as well as existing owners or occupiers are able to clarify the lawfulness of an existing or proposed development. A Certificate can be used to confirm that:

Something you want to do or build does not need planning permission;
Something which has been built in the past did not need planning permission;
A change of use of a building or land whether proposed or carried out in the past does not need planning permission;
Existing building works or use have been in existence for so long that the law allows them to be retained and are therefore immune from any enforcement action under planning legislation.

What is a Lawful Development Certificate?

Thu, 10 Apr 2014 11:08:39 +0100

Question: What is a Lawful Development Certificate?

Answer:

A Lawful Development Certificate is a statutory document, which confirms that development, which includes a use, operation or activity, is lawful for planning control purposes on the date/s specified in the Certificate.

Which type of application form do I need?

Thu, 10 Apr 2014 09:28:22 +0100

Question: Which type of planning application form do I need?

Answer:

A Householder application is required for applications where the owner is the applicant and where the work is to domestic dwelling houses (not flats), including extensions, conservatories, garages, dormer windows, new access drives. This type of application accounts for over 50% of all applications made.

A Full application is required for non-householder applications or householder applications where the applicant is not the owner. Listed building consent is required for all works affecting buildings that are listed as being of special architectural or historic interest.

Conservation area consent is only required for demolition of buildings or walls within conservation areas. Conservation area consent is not required for alterations or extensions to property in a conservation area. Application forms can be downloaded from this website using the link below. If you need to discuss any other kind of application, you will need to talk with a planning officer. Planning officers are available to speak with after 2.00pm each day.

Application forms

Can you send me the Ordnance Survey (OS) plans?

Thu, 10 Apr 2014 09:24:39 +0100

Question: Can you send me the Ordnance Survey (OS) plans for a particular area?

Answer:

As of 18th January 2016, you are no longer be able to purchase ordnance survey maps from Warwick District Council.

This service can be provided by the Planning Portal when submitting a planning application. Alternatively, there are websites which can provide this service. These can be found by searching for Ordnance Survey Maps for Planning.

Can someone help me to complete a form?

Thu, 10 Apr 2014 09:17:16 +0100

Question: Can someone help me to complete a planning application form?

Answer:

You can come into our Riverside House Reception during office hours and request the help of a planning team member to help you to complete your paperwork. Alternatively you may contact one of the planning officers.

What is the charge for making a planning application?

Thu, 10 Apr 2014 09:15:11 +0100

Question: What is the charge for making a planning application?

Answer: See planning application fees.

How long does the decision making process take?

Wed, 09 Apr 2014 15:39:43 +0100

Question: How long does the decision making process on planning applications take?

Answer:

We aim to determine 70% of planning applications in eight weeks from registration of a valid application. Some very complex commercial applications might take longer, and applications that go to committee and get deferred because of a site visit by the committee members might also take longer, but most are completed in the time. The most common reason for delay is if changes to plans are required - if so further publicity is usually required and the time scale for handling the application will increase. There are different targets for handling different types of applications - the government target for major applications (e.g. more than 10 houses or larger commercial buildings) is to decide 60% within 13 weeks - for householder applications 80% should be decided in 8 weeks.

The application process.

Do I need to provide any plans with my planning application?

Wed, 09 Apr 2014 15:37:05 +0100

Question: Do I need to provide any plans with my planning application?

Answer:

Each planning application form has its own guidance note outlining what plans will be required.

The following plans are needed with applications: A Site Location Plan at 1:2500 or 1:1250, Layout or Block Plans at 1:500, Elevations and Floor Plans at 1:100 or 1:50 are required.

The plans must be to a metric scale. The layout plans must show neighbouring properties. The site location plan must include a road, road name or the nearest road junction, neighbouring properties, and the application site must be outlined in red. The plans must clearly show the difference between existing and proposed works. Relevant elevation drawings must be included - Where the development affects only the front of the property (e.g. a porch), a rear elevation is not required, but front and side elevations are. Where the development affects only the rear (eg a conservatory) of the property, a front elevation is not required, but rear and side elevations are. Where the development affects the side, front side and rear elevation drawings are required.

Finally 4 copies of application forms and all plans are required

What is the planning history for a particular building/area?

Wed, 09 Apr 2014 15:25:01 +0100

Question: What is the planning history for a particular building/area?

Answer:

All documents for planning applications since 2000 are available to view online. Basic details for applications between 1974 and 2000 are available online, with all documents available on microfiche. All details and documents for applications prior to 1974 are on microfiche. Microfiche records can be viewed by appointment at the Council's offices. Please call 01926 456536 to book an appointment.

Has planning permission been granted?

Wed, 09 Apr 2014 11:34:11 +0100

Question: Has planning permission been granted for something that is currently being built?

Answer:

You can see the status of all applications by searching current applications. You can also check what can be constructed without the need for permission.

If you have a complaint you can report a potential breach online.

When will a site notice be put up or the site visited?

Tue, 08 Apr 2014 16:39:15 +0100

Question: When will a site notice be put up or the site visited?

Answer:

In those cases where a site notice is statutorily required to be displayed, e.g. for development within a Conservation Area or affecting a Listed Building, a site notice will be displayed by the planning case officer when they undertake the site visit for the application. Officers try to undertake a number of site visits on the same day as this represents a more efficient use of staff time. Therefore, it is not possible to determine exactly when a site notice will be displayed. However, an officer will usually try to undertake a site visit within the first few of weeks of an application being made valid.

The publicity/consultation period for the application may be extended to a date after the 21 day period given in neighbour notification letters, as it will provide a full 21 days from the date that the site notice is displayed.

The site visit and notice dates are available by searching for the application online.

Can I see the working file for my application?

Tue, 08 Apr 2014 16:37:47 +0100

Question: Can I see the working file for my application?

Answer:

Search planning applications

What do I need to do to get details agreed?

Tue, 08 Apr 2014 16:35:39 +0100

Question: What do I need to do to get details required by a planning condition agreed?

Answer:

You need to submit the details in writing for all conditions for approval, along with the relevant application form and fee (£34 per request for householder applications, or £116 for all other applications). Application for approval of details reserved by condition. If you wish to talk to a planning officer about the conditions, the case officer for the application will usually deal with the discharge of these conditions.

If the decision notice contained a reply slip, this should be completed and returned along with the submission to discharge conditions.

How can I find out which drawings have been approved?

Tue, 08 Apr 2014 16:32:01 +0100

Question: How can I find out which drawings have been approved?

Answer:

The Decision Notice should detail what plans have been approved on recent applications. The plans will be listed within one of the conditions on the decision. This condition, together with others can be found using the planning application search.

What conditions have been attached?

Tue, 08 Apr 2014 16:28:49 +0100

Question: What conditions have been attached to a planning decision?

Answer:

Decision notices contain details of the conditions attached to planning decisions. Decisions (decision notices) are despatched the working day the decision is made, or within five working days of a committee decision. They are published on the web site as soon as possible.

Currently, documents for all 2000 and 2001 applications can be viewed on the website, householder applications received since 24 July 2006, and all other applications since 2008. For other applications please contact a Planning Admin officer on (01926) 456536.

Search applications and decisions

How do I obtain a copy of a planning decision notice?

Tue, 08 Apr 2014 16:26:36 +0100

Question: How do I obtain a copy of a planning decision notice?

Answer:

Householder decision notices from 24 July 2006, and all other planning application decision notices from 2008 can be viewed on our website by searching for the application. Otherwise, there is an administration charge for Decision Notices of £5.00 (including VAT) for each notice. This needs to be received before the Council can send out the copy.

Please complete the enquiry form with your own details and those of the notice required (including application reference number, and preferably including other information such as address and description).

Can you tell me the outcome of a planning decision.

Tue, 08 Apr 2014 16:23:24 +0100

Question: Can you tell me the outcome of a planning decision?

Answer:

Details of post 1974 applications can be found using the planning application search.

How does consultation work?

Tue, 08 Apr 2014 16:11:12 +0100

Question: How does planning application consultation work?

Answer:

Neighbours with land adjoining an application site will normally be consulted by letter for their comment on a development. So too are any relevant statutory bodies. All parties are given three weeks to provide comments. In those cases where a site notice is statutorily required to be displayed, e.g. for development within a Conservation Area or affecting a Listed Building, a site notice will be displayed by the planning case officer when they undertake the site visit for the application. A site notice is posted in the nearest public place to the proposed development inviting any other interested parties to comment within 21 days of the date on the site notice. All comments are taken into consideration when either the Planning Officer or the Planning Committee makes its decision.

Can I see any objection regarding an application?

Tue, 08 Apr 2014 16:09:41 +0100

Question: Can I see any objection or other letters regarding an application?

Answer:

Anyone can view letters of objection, including the applicant and other objectors. All letters of comment and other correspondence can be viewed on our website by using the application search facility. Paper copies of letters and correspondence are no longer kept on file.

When does the consultation period expire?

Tue, 08 Apr 2014 16:08:13 +0100

Question: When does the consultation period expire?

Answer:

You can view when the consultation period expires by searching for an application.

Which neighbours have been notified?

Tue, 08 Apr 2014 16:07:07 +0100

Question: Which neighbours have been notified about my application?

Answer:

Please contact the case officer for the application who can give this information. Details of the case officer for an individual application can be found by using the Planning Search link below. General contacts for planning officers and other staff can be found at the Staff Contacts link below.

What are valid grounds for objection to a planning application?

Tue, 08 Apr 2014 16:05:00 +0100

Question: What are valid grounds for objection to a planning application?

Answer: See commenting on a planning application

Why wasn't I consulted about a development?

Tue, 08 Apr 2014 16:03:18 +0100

Question: Why wasn't I consulted about a development?

Answer:

If a planning application has been submitted, properties adjoining the site will normally receive a letter from the Council. Major proposals which would have a greater impact on the local area may require wider consultation. In those cases where a site notice is statutorily required to be displayed, e.g. for development within a Conservation Area or affecting a Listed Building, a site notice will be displayed by the planning case officer when they undertake a site visit for the application. A site notice is posted in the nearest public place to the proposed development inviting any other interested parties to comment within 21 days of the date on the site notice. Parish and Town Councils are also sent copies of all applications and some have to be advertised in the local press too. All comments are taken into consideration when either the Planning Officer or the Planning Committee makes its decision.

Who can make comments on an application?

Tue, 08 Apr 2014 16:02:10 +0100

Question: Who can make comments on an application? Do you have to be a neighbour?

Answer:

Anyone can make comments on an application, you do not need to be a direct neighbour or directly notified by the Council. However, the Council has to make decision on applications within a set timescale, normally 8 weeks, and there is a time limit for making your views known. This consultation period is normally up to 21 days from the date of the notification letter or the posting of a Planning Site Notice.

Commenting on applications

Can you put me in touch with a good builder?

Thu, 03 Apr 2014 13:55:01 +0100

Question: Can you put me in touch with a good builder and/or architect?

Answer:

Warwick District Council cannot recommend builders or architects/plan drawers. However, the following websites may be of help:

Related Links

What do I do if I want to change my application?

Thu, 03 Apr 2014 13:53:22 +0100

Question: What do I do if I want to change my application?

Answer:

This depends on the nature of the change. You will need to speak to the allocated case officer. Please use the Officer contacts below in order to find the relevant officers phone number or search for your application, preferably using the reference number, to find the relevant officer and their details.

Can I speak to a planning officer?

Thu, 03 Apr 2014 13:51:47 +0100

Question: Can I speak to a planning officer?

Answer:

Planning staff contacts
Search planning applications - to see officers allocated to a specific case

Who is dealing with a particular planning application?

Thu, 03 Apr 2014 13:49:01 +0100

Question: Who is dealing with a particular planning application?

Answer:

Details of the case officer for an individual application can be found by using the planning applications search link below. General contacts for planning officers and other staff can be found at the staff contacts link below.

I have either changed my agent

Thu, 03 Apr 2014 13:46:08 +0100

Question: I have either changed my agent or my contact details. Who do I contact?

Answer:

Please complete the planning enquiry form specifying the planning application reference, address, case officer (if known) and amended details.

You can also email planning_east@warwickdc.gov.uk. Or write to: Planning Department, Warwick District Council, Town Hall, Parade, Royal Leamington Spa, CV32 4AT