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Planning And Building Control For Householders

Do I need permission for .....?
How do I object to or comment on an application?
What is Planning Permission and Building Control Approval?
Will I need Building Control Approval when I have Planning Permission?
When should I apply?
How do I obtain Planning Permission?
How do I obtain Building Control Approval?
How long will it take to obtain planning permission?
When can I start work?
What happens if I do work without approval?
How much will my application cost?
How long does permission last?
How do I appeal against a decision?
Can I obtain planning history for my property?
How do I find out whether a property is listed or not?

 

Do I need permission for .....?

For a cross reference of building works and whether or not they need permissions view our exempt buildings webpage


If you are in any doubt about whether or not you need either Building Control Approval or Planning Permission it is best to contact the relevant service.

How do I object to or comment on an application?

If you wish to comment on a planning application, go to our planning application guidance webpage

Please note you can only object to a planning application where a decision has not yet been made.
 

What is Planning Permission and Building Control Approval?

 

Planning

The Planning Service controls the development and use of land.  To do this, the Council considers planning applications and decides whether to give permission or not.  The aim of Wyre Forest District Council is to ensure that we protect and improve the quality of the environment by making sure that all new development is well designed, appropriate and will not cause harm to neighbours.


Building Control

Building Control ensures that building works comply with the health, safety, energy conservation and access for the disabled requirements as laid down in the Building Regulations and Building Acts.  Building Control Approval is the means by which the Building Control Service checks that building work is carried out to the correct standard.
 

Will I need Building Control Approval when I have Planning Permission?

 
In some instances you may find that you need both or either Building Control Approval and/or Planning Permission.
 

When should I apply?


In both the case of planning permission and building control, before the work commences.

 

How do I obtain Planning Permission?

 


Alternatively you can obtain the forms from the Planning and Environment Division.
 

How do I obtain Building Control Approval?

 
There are two types of Building Control Approval:
 
 

Full plans option

This is the route which most people choose. It entails producing scaled drawings clearly denoting construction details and where necessary structural calculations. When these details are deposited they are checked by the Building Control Officer responsible for the area in which the work is being carried out. Any queries are conveyed to you, or your agent, and when these are resolved an approval is issued.

For more information, read the Full Plans Submission Notes and

 

The building notice

Under this option no detailed plans are required. This is a simpler approach particularly suitable for smaller projects such as bathroom installations, minor structural alterations and domestic extensions. This option can be used for all work other than for buildings where mandatory means of escape regulations apply or for which a Certificate under the Fire Precautions Act is required. This generally means that work relating to work places where persons are employed, for example, offices, shops, factories and public buildings cannot be carried out under a Building Notice. If the work involves an extension or a new building then a site plan and drainage plans are necessary. Under this option the Council can ask for further information on the construction at any time. No formal approval is given on a Building Notice procedure, nor do you receive the same protection afforded by detailed approved plans. If you are in doubt, please discuss this with a member of the Building Control team.

For more information, read the Building Notice Notes and
 
 

How long will it take to obtain planning permission?

 
The Council aims to decide all of applications within the government target.  However, some planning applications raise complicated issues.  By their very nature such applications will take longer to deal with and be subject to some variations in procedure.

 

When can I start work?

Building Control

Once you have made a Building Regulation application, you can normally start works 48 hours after giving Building Control notification of your intended start date. However, if your application is a ‘Full Plans type’, then any works you carryout on site, that are subsequently found to be incorrect upon a plan examination will have to be corrected.

Please note: if a planning application is also necessary for the works, then work should not commence until this is obtained.

Options for notification to building control, are by a telephone call, use of a  commencement notice issued with the Full approval or Building Notice acknowledgement.

 

Planning Permission

Once you have received your approval notice from the Council and complied with any 'pre-stat' conditions.

 

What happens if I do work without approval?

 

Building Control


It is an offence to carry out works that are subject to Building Regulations without first obtaining approval.  Should you be caught carrying out works you could be subject to legal prosecution and/or a continuing fine until the works are removed.

If you fail to remove the offending works, then the authority have the powers to remove and recover costs from the owner.

 

Planning Permission

If you build something that needs planning permission without obtaining permission first, you may be forced to put it right later, which could prove troublesome and costly.  You might even have to remove an unauthorised building.

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 if the Council considers it necessary it will take enforcement action immediately and require you to cease activities, or demolish problem buildings.  Failure to comply with a notice could involve criminal proceedings.
 

How much will my application cost?

 
The cost of applications for planning permission varies, to find out the cost of specific planning permission view our planning fees webpage.

Building Regulation work is subject to charges. Charges for the "Full Plans" option are required in two stages. A charge is payable when an application is submitted and a further charge is payable after the first inspection of the works on site.

In the case of a "Building Notice" a single charge is payable upon submission of the notice. This charge is equivalent to the combined "Plan Charge" and "Inspection Charge" which would be payable when making a "Full Plans" application.
 

How long does permission last?

 

Building Control


Permission will last for 3 years from the date of Full Approval or Building Notice acknowledgement.

 

Planning

Full permission is valid for five years so you can start any time during that period but not starting will mean reapplying.  If outline permission has been granted, you will need to submit for the approval of reserved matters within 3 years.
 

How do I appeal against a decision?

 
If the Council refuses permission or imposes conditions it will give reasons.

If you are unhappy or unclear about the reasons for refusal or the conditions imposed, talk to the Planning Inspectorate who processed your application.

 

Planning Permission

You must make an appeal against a decision on planning permission within six months. If after speaking to the planning officer you wish to appeal against a refusal of planning permission or against a condition which is imposed on an approval you can appeal to the Secretary of State. For an application to appeal, you will need to write for an application form to: The Planning Inspectorate, Room 307, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

 

Building Control

Determinations

Where the Council decides that your deposited plans do not comply with one or more requirements of the Building Regulations but you believe that they do, you will need to apply to the Secretary of State for a determination. Your application should be made in the form of a letter, with relevant enclosures as indicated below.
  • The names and addresses of the parties involved, including any agents; the local authority, and the full address of where the proposed building work will be carried out.
  • A statement setting out details of the building, the proposed work, and the matter in dispute.
  • A statement setting out your case for compliance with the particular requirement of the Building Regulations in question.
  • A copy of each of the plans of the proposed work and otherdocuments which have been submitted to the local authority with your 'full plans' application, and all of the relevant correspondence with the authority, including the 'notice of rejection of plans' if one has been issued.
  • A copy of any listed building consent where the proposed work has required this. If relevant, a copy of any associated planning permission relating to the listed building should also be provided.
  • A copy of any otherdocumentation - whether commissioned by you or otherwise - supporting your case for compliance, including any calculations. Where appropriate, it may also be provided.
  • A determination fee. A fee is payable for a determination and should be included with your application. It is calculated on the basis of half of the local authority's plan charge, excluding VAT, subject to a minimum limit of £50 and an upper limit of £500. Cheques should be made payable to "Office of the Deputy Prime Minister".


You should send your letter of determination and all of the relevant documentation to:

The Office of the Deputy Prime Minister, Building Regulations Division, Floor 3/C1, Eland House, Bressenden Place, London. SW1E 5DU

Telephone 020 7944 5748
Fax 020 7944 5739
Email bregsb.br@odpm.gsi.gov.uk

Please note that you must apply for a determination before the work, which is in dispute, has commenced.

Appeals

If the Council refuses your application for a relaxation or dispensation of a particular requirement of the building regulations, then you have the right to appeal to the Secretary of State. Your application should be in the form of a letter, with the relevant enclosures as indicated below.

  • The names and addresses of the parties involved, including any agents; the local authority and the full address of where the building work will be/has been carried out.
  • A statement setting out details of the building, the building work, and the matter in dispute.
  • A statement setting out your case for either relaxing or dispensing with the particular requirement of the Building Regulations in question.
  • A copy of each of the plans of the building work and otherdocuments which were submitted to the local authority with your relaxation or dispensation application and of all relevant correspondence with the authority involved, including the authority's 'notice of refusal'.
  • A copy of any listed building consent where the building work has required this. If relevant, a copy of any associated planning permission relating to the listed building should also be provided.
  • A copy of any otherdocumentation - whether commissioned by you or otherwise - supporting your case for relaxation or dispensation, including any calculations. Where appropriate, it may also be helpful to include a location and block plan, and a few photographs of the building work to illustrate particular points.

No fee is payable for an appeal.

You should send your letter of appeal and all the relevant documentation to:

The Office of the Deputy Prime Ministers, Building Regulations Division, Floor 3/C1, Eland House, Bressenden Place, London. SW1E 5DU

Telephone 020 7944 5748
Fax 020 7944 5739
Email bregsb.br@odpm.gsi.gov.uk

If you would like any further information ondeterminations or appeals please contact the Building Control service.

Or you can download a leaflet by the Office of the Deputy Prime Minister regarding Appeals and Determinations.

 

Can I obtain planning history for my property?

 

You can obtain the planning history of your property by contacting the planning service and asking for details.
 

How do I find out whether a property is listed or not?

You can find out whether your property is listed or not by contacting the Conservation Officer via Customer Services on 01562 732928.
Page Information
This page was last reviewed 5 November 2009 at 14:45 by Balram Narad.
The page is next due for review 4 May 2010.