AGENTS FORUM

9th July 2014

Agents Forum

INTRODUCTIONS

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DRAFT ALLOCATIONS PLAN

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CHANGES TO PLANNING LEGISLATION

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 BarnsGlasshouses

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Curtilage is deemed to include the parking andAccess. Small barns which need extensive newaccesses are likely to need full planningpermission instead.

Many barns will need Full Planning permission.However the government's commitment to theprinciple that barns are suitable for residential usewill 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 byPlanning 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