Planning Advisory Service (PAS)

RE: BNG Monitoring Fee

2024-08-19T09:43:16Z

Thank you, I have made a request to join the basecamp group but still waiting to be let in.

BNG Monitoring Fee

2024-08-06T14:33:20Z

Hi,

I can't seem to find any examples or guidance on this - we have a major development looking to deliver 10% BNG on site. The site is in a sustainable location and it is PDL. The scheme is 100% affordable housing and the developer is a RP. How do I understand whether we need to apply a monitoring fee? If we conclude the habitat being created is 'significant' on the basis that the scheme is 'major' then that would suggest the BNG needs to be monitored by the LPA but if we conclude the habitat is not 'significan't then it doesn't? The significance is up to the LPA to decide

Because they are arguing the scheme's viability is already undeliverable without securing Homes England funding the imposition of a monitoring fee is likely to make the scheme overall be undeliverable.

Any help on this would be appreciated.

Thanks

Lisa

Local Authority Permitted Development Rights

2022-01-14T16:54:13Z

Hi There,

I'm dealing with request to advise on whether planning permission is required by the local authority to erect a roof above a large segregated waste sorting area. Although they can keep the height down to under 4 metres, the resulting buildings (even though the use and the footprint of the structure is already in situ) would be greater than 200 cubic metres. I've advised that planning permission is required.

On the basis that the use and footprint are in fact already in situ, my colleague has calculated the volume of the 'addition' is less than 200 cubic metres. They've therefore asked me if it does in fact require permission.

My instinct is that the volume of space that is that of the resulting building, which is greater than 200 cubic metres, even though the bit they are adding is less, and as such permission would be required.

Can anyone give me a view on this?

Removal of Public Call Boxes

2020-05-14T14:03:08Z

I'm just interested if there is anyone with relevant experience, from the LPA side, on being notified by BT on the removal of a public phone box. From reading the Ofcom guidance: https://www.ofcom.org.uk/__data/assets/pdf_file/0022/28507/removals.pdf , it suggests that it is the relevant public body (the Local Authority) who consider all the public consultation responses, and issue a draft decision notice? I cannot find any information in the GPDO under Part 16.

Does the LPA need to publish the letter and give the public 42 days to consider the responses to removal. Other than the 6 community requirements of the communications act 2003 (the phone boxes aren't listed structures) is there anything else to consider, are there any templates out there?

Any guidance appreciated.

Thanks

When is a single dwellinghouse not a single dwellinghouse

2020-04-27T09:51:24Z

In my LA area we have lots of historic B&Bs and Guesthouses operating from dwellings, most of which were never formally established through the planning system, but could possibly achieve a lawful status, if required, through a certificate of lawfulness. The question I have is with more recent arrangements, if a person has, for example, put in a separate staircase and created a separate means of access, then it would be more straightforward to argue that the property had been sub-divided into either two units or a mixed use. If however we have blatant Guesthouses or self-catering suites created (blatant in terms of the advertising or the Council use the accommodation for contractors) , but where the main entrance is used for both the permanent household and the holiday lets, and it is argued is not on a year-round basis (only during the summer tourism season), then this becomes less clear cut.

The harm is firstly one of consistency, in that such changes, if a person were to ask the LPA before carrying them out, is that we would advise that the changes require planning permission: the change of use of a C3 dwelling to a C4 guesthouse or the change of use of a C3 dwelling to multiple C3 dwellings with the create of self-contained, self-catering holiday lets. It is less clear when a person has gradually made such changes. So for example initially letting out 1 bedroom on a B&B basis for a few weeks or months of the summer season. This is potentially increased to 2 bedrooms or more (maybe even some family members vacate rooms temporarily to accommodate the income generated). The season becomes longer and maybe even on a year-round basis if the economy allows or the rooms become self-catering or the property starts to promote itself as a Guesthouse and they make internal alterations not subject to planning controls. This has historically been the case on my LA area.

My question is when the use of a private dwellinghouse operates some of the time as a different use/mixed use, but the changes made to enable that are all reversible, has a change of use taken place? I would argue it has if this is a consistent and permanent arrangement that takes place on a regular basis. If I advise that planning permission is required what exactly are they applying for. It wouldn't be a straightforward change of use from a C3 to a C4 or from a C3 to multiple C3 dwellinghouses, if they are not physically separate. So would it be that an application is made for the very specific 'sui generis' use for the very specific part of the year (quite inflexible).

Has anyone had to deal with this or similar issues?

Part 13 (GPDO)

2020-01-31T11:04:20Z

Can a statutory undertaker water operator erect a Mast (on operational land) in an AONB (within the parameters of Class A) for the purposes of communication? This is our interpretation but we're concerned that for an EC code operator (Part 16) there are more restrictions to erecting a mast?