Planning and Building Regulation Approval

Frequently Asked Questions for Business People

• Why do I need permission?
• Do I need to apply for permission?
• Can I work from home or can I run a business from my house?
• What changes of use can I make to my existing business premises without consent?
• How do I apply for the permissions I may need?
• How long will a decision take?
• Is there a fee?
• Planning Applications: What types of planning application should I submit?
• What is the Unitary Development Plan and how does that affect me?
• What do I submit?
• Building Regulation and Planning Applications: How does the Council deal with them?
• Planning Appeals: What if your application is refused or delayed?
• Enforcement: What if you have gone ahead without permission?

Why do I need permission?

There are often two types of consent that you need, Planning Permission and Building Regulation Approval.

• Planning holds a balance between the need for new development and protecting the environment. It tries to ensure development is environmentally sustainable and well-designed but it does not control construction methods used in building work; that is for the Building Regulations.
• Building Control is principally a service to ensure health and safety standards are applied to "building work" as defined in National Building Regulations. Further details on the building regulations are now available.

There are also separate approvals governing:

• the display of outdoor advertisements,
• developments affecting Listed Buildings
• the demolition of unlisted buildings in Conservation Areas.

When considering planning applications, the Council will look at the following issues:

number, size, layout, siting and external appearance of buildings; proposed means of access, landscaping and impact on the neighbourhood; the suitability of roads and utility connections; and proposed use of the development.

Do I need to apply for permission?

Planning Permission

You do not always need planning permission. You do not need it for changes inside buildings, or for small changes to the outside such as telephone connections or alarm boxes. Putting up walls and fences below 2m does not need consent except in certain circumstances. The rules apply to houses as well as business premises.

Building new premises nearly always needs a planning application and Building Regulation Approval. The Unitary Development Plan will give you some indication of whether your proposal is likely to be acceptable so it is always worth looking at our web pages before submitting an application. Planning staff are on hand to assist you and we welcome pre-application discussions before submission so you know where you stand with an application. Fees are available here.

Building Regulation Approval is also required and advice is available and the charges you would incur are calculated from the schedules.

Extending premises will always require Building Regulation Approval but may not require planning consent. You will not normally need planning permission if your extension is:

• less than 1000 square metres of floor space;
• less than 25 per cent of the volume of the original building;
• below the height of the original building.
• and you need the extension just for the current business.

You will need planning permission if the extension:

• materially affects the appearance of the building from outside the site; or
• comes within five metres of the boundary of the site; or
• lessens space available for parking or turning of vehicles.

You calculate volume by external measurements. 'Original' means as first built, or as the building stood on 1 July 1948, if older. The allowance is once and for all and any previous enlargement of the building counts against these calculations.

Again check with us whether your proposed development needs planning permission.

Can I work from home or can I run a business from my house?

You do not usually need planning permission just to work from home but sometimes you do. The key test is whether the nature of your residence has changed because of the business. If the answer to any of the following questions is "yes", then you will probably need permission:

• Is your house no longer chiefly a private residence?
• Will your business result in a marked rise in traffic, people calling or working around the house or in out buildings?
• Will your business involve obvious activities not usual in a residential street?
• Will your business disturb your neighbours because of noise or smells?

The key test is whether the house still mainly a home or has it become business premises? This is whatever the business, including using a room as an office, hairdressing, repairing cars, storing goods, using part of the house as a bedsit, running a "bed and breakfast", providing childminding or music teaching.

Some of these things may also require you to submit a Building Regulation Application especially changing the use of the premises, sub-dividing a home or new building as extensions.

What changes of use can I make to my existing business premises without consent?

When both the present and proposed uses fall within the same "class" defined in the Town and Country Planning (Use Classes) Order 1987 or the change is between certain named use classes. For example, you can convert space over shops and high street buildings to flats without consent provided you do not change the outside of the building.

Before you negotiate a lease or buy a property, it is always advisable to consider the need for planning permission for a use and your chances of getting it.

Certain changes of use will require the submission of a Building Regulation application, due to the complexities of the regulations you are advised to discuss any 'changes of use' with the Building Control Office.

Crime Prevention

You can design buildings to help prevent crime. Consider this carefully because once built, you will lose the opportunity to design in crime prevention later.

Local crime prevention and architectural liaison officers can will advise on measures to combat crime so contact Greater Manchester Police for advice at www.gmp.police.uk

How do I apply for the permissions I may need?

You or an agent like an architect, a solicitor, or a builder can apply for planning permission or Building Regulation Approval and you do not have to own the land. However, if you are not the owner, or if you have only part-ownership you need to tell the owner, joint owners, leaseholders, or any agricultural tenants. All the forms you may require are available for planning consent or building regulation approval.

Before making an application, it is always advisable to tell any neighbours who might be affected by your proposal. The Council also encourages pre-application discussions so go to Planning Service where there are contact details. You will certainly need to contact us if there is a complex highways issue or environmental issue. On that page there are also links to policy documents which we use to assess your application.

In more complicated cases, you might even consider consulting other bodies who might have an interest, such as:

• the Environment Agency and United Utilities to discuss any potential sewerage, water or flooding problems;
• the Health and Safety Executive to discuss the use of any potentially dangerous chemicals.

How long will a decision take?

Usually the Council will make a planning decision within eight weeks on even large or complex applications. Discuss this with us and we will agree a timetable. We are committed to dealing with applications with an exacting timetable therefore it is always advisable to discuss an application with us prior to submission because you may not have the ability to make your application comply with our policies within our timescales.

For your Building Regulation application, decisions are normally made within 5 weeks or a maximum of 2 months where an extension of time has been agreed.

Is there a fee?

Yes, but the amount varies according to the development. It is not refundable unless the application is invalid but not of you wish to withdraw before determination. However, if you withdraw an application or the Council has refused a previous application, then you can make a new application free within twelve months. The fee schedule for planning applications and fee schedule for Building Regulations are available.

Planning Applications: What types of planning application should I submit?

This advice relates to Planning Applications. Advice on the submission of Building Regulation Applications is now available.

Outline

For a new building, you can make an outline application to find out whether the principle of development is acceptable. You do not need detailed drawings, but provide the Council with as much information as possible and discuss this before you submit the application. Look at our guidance notes and contacts list.

Detailed Approval

Once granted, you will need detailed approval (reserved matters) before starting work. This application includes details of siting, design, external appearance, means of access and landscaping and needs to be consistent with the outline approval.

Full Planning Permission

Full permission needs the submission of all details and is compulsory for all changes of use and advisable if you want to start quickly.

Meeting a Planning Officer

Use the Planning Service to organise an appointment if you need to meet a planner and be prepared to run through your proposals and show plans. You can:

• ask whether you are likely to get permission;
• discuss issues like roads, footpaths, power cables, watercourses, sewers and telephone lines; and
• ask about problems such as noise and traffic and what conditions the Council would usually impose on your development.

The preparation you need depends on your proposal. Sometimes you only need to look at basic issues. However if your proposal appears contrary to the Unitary Development Plan you will need to justify your proposals. If national policies are an important consideration, you may wish to refer to planning guidance notes issued by the Department of Transport, Local Government and the Regions at Planning Portal

What is the Unitary Development Plan and how does that affect me?

The Council prepares the Unitary Development Plang (UDP) and this is the main basis for planning decisions. The text of the document can be seen as well as where you can see the maps and order a copy. The UDP is constantly being revised so it is advisable to look at the most up to date document on that page to assist.

What do I submit?

For a planning application you need to submit four copies each of the planning forms, site plans, details of proposed works and then the fee. You must also complete a certificate to confirm that you own the land or have told all owners of the land. All our forms and certificates are all available and fees are at either planning application or Building Control Charges.

Explanation of Building Regulations are now available. Don't forget that Building Regulation Approval is required for buildings and extensions as well as planning consent.

Building Regulation and Planning Applications: How does the Council deal with them?

After you make a planning application we will acknowledge it and place it on the public planning register. Then we will tell neighbours, maybe fix a notice near the site or sometimes place a notice in the local newspaper. We also consult bodies such as amenity groups or the Environment Agency. The comments we receive can highlight legitimate problems so you will be contacted about these if we think they are important.

When an application departs from our policy and a special case is being made for approval or there have been significant objections to a proposal recommended for approval then the application will be referred to the Council's Speakers Panel.

You can ask who will make the decision and when. You can attend Speakers Panel and speak if you think it will assist but objectors can do so also. If they want to speak you will be told.

If the Council is slow with your application, ask when a decision is likely. If you feel the Council is taking too long over a decision you can appeal. If permission is granted the council will send you a letter telling you of the decision. The permission is valid for five years so you can start any time during that period but not starting will mean reapplying and circumstances can change so don't assume approval is automatic.

If permission is subject to conditions, like submitting details of materials or submitting a landscaping scheme then you must do this before starting.

The council will give reasons for any conditions. If you do not agree them discuss the position with the planning officer who can help you, alternatively you can appeal.

If outline permission has been granted, you will need to submit for the approval of reserved matters within 3 years.

You can make minor changes to the scheme as you proceed but check first. Any significant variation will require a further planning application.

Planning permission runs with the land meaning that land or buildings can be sold with the benefit of planning permission.

Sometimes planning conditions limit consent to a named person so if you wish occupy a building with such a condition you need to have the condition removed. You do this by applying for planning consent in the normal way but requesting that the particular condition is removed.

View an explanation of the Building Regulation processes.

Enforcement: What if you have gone ahead without planning permission or Building Regulation Approval?

Make an enforcement complaint or find out more information about enforcement.

If you required permission for work the council may simply ask you to apply retrospectively. However, this can depend on the nature of the development and its effect on neighbours so the Council may consider it necessary take enforcement action.

This involves issuing notices setting out the steps required to put things right and the date by which these must be implemented. You may be required to cease activities, or demolish problem buildings. If you have not complied with a condition imposed on the grant of planning permission, the council may issue a breach of condition notice requiring you to carry out work to abide by the terms of the condition.

You can appeal against this but if an appeal is dismissed and a notice becomes effective, it is an offence not to comply and the council can prosecute. Enforcement proceedings can be time-consuming and disruptive so it is as well to be sure about the planning situation before going ahead with any development.

There is no right of appeal against a breach of condition notice and you will risk prosecution if you do not comply with it. The reason for this is that there is a right of appeal against the original imposition of a condition on a planning application.

A booklet entitled "Enforcement Notice Appeals: A Guide to Procedure" is available from www.planning-inspectorate.gov.uk Planning Inspectorate.

Where the Building Regulations have been contravened, the Council can depending upon the seriousness of the particular case, take enforcement action for a fine and/or require the offending works to be corrected to comply with regulations or in extreme cases require the offending works to be completely removed.

Contact Information
Send us a Message	Planning and Building Control Tameside MBC Council Offices Wellington Road Ashton under Lyne Lancs OL6 6DL View local map
Building Control: 0161 342 2637 / 2638 Planning: 0161 342 3140
0161 342 2563 / 3111