Planning services frequently asked questions

The frequently asked questions are divided into the following categories:

Applying for planning permission
Getting planning permission
Design and access statements
After an application is decided
Planning information about a property
Current applications
Conservation areas and listed buildings
Planning breaches
Smoking shelters

Getting planning permission
How long will it take to obtain planning permission?
How much will my application cost?
How is the application determined?
What is permitted development?
What is the difference between full and outline applications?
What are reserved matters?

Design and access statements
What happens to my application if I do not submit a design and access statement in the prescribed format?
At what stage will I have to submit a design and access statement with my planning application or application for listed building consent?
What is the effect of formally requiring statements?
Can statements be used after planning permission has been granted?
How does the new requirement deal with access for people with disabilities?
Are access statements the same as the new design and access statements that are now needed?
What do I need to do for listed building consent applications?
How do I deal with disability access in a listed building application?
Can I get more detailed advice on design and access statements?

After an application is decided
What if I am unhappy with a planning decision?
How do I appeal against a decision?
What do I do if I want to make an amendment to my proposal?
How long does permission last?
When can I start work?

Planning information about a property
Can I obtain the planning history for a property?

Current applications
How do I comment on a planning application?
What comments are taken into consideration during a consultation?
My neighbour wants to build an extension will I be notified about this?
How can I see what planning applications have been submitted to Ealing?

Conservation areas and listed buildings
What is a conservation area?
What is the special character of my area?
What special controls are there in conservation areas?
How is the character of a conservation area preserved or enhanced?
How do I find out whether a property is listed or in a conservation area?
What is an Article 4 Direction?

Smoking shelters
Can I have a dedicated smoking area?
Do I need planning permission to create a smoking area or smoking shelter?

How can I see what planning applications have been submitted to Ealing?
The weekly list of planning applications is available online, this is updated every Sunday evening.

Applications and plans are also available at Ealing Customer Services, customer service centre, Perceval House, 14-16 Uxbridge Road, Ealing W5 2HL.

The receptionist or duty planner can help you locate particular planning applications. You can request to see the duty planner if you have difficulty understanding the plans or drawings.

How do I know whether I need to apply for planning permission?
Sometimes it is unclear whether planning permission is required. Planning permission is essential unless the proposed work is permitted development. Development generally involves a change of use eg from a bookshop to a restaurant, or the erection of a building or extension to an existing building.

What is permitted development?
Planning laws allow certain developments to be carried out without the need to obtain planning permission. For example, some extensions can be built on houses as permitted development, but this does not apply to residential properties like flats.

When should I apply for planning permission?
You should apply for planning permission before the work commences.

How do I obtain planning permission?
Complete the Householder application form (pdf). For hardcopies of the forms contact (020) 8825 6600.

How long will it take to obtain planning permission?
The council aims to make a decision within eight weeks (on 80% of applications).

When can I start work?
Once you have received your approval notice from the council.

What happens if I do work without approval?
The council may ask you to apply retrospectively or require you to cease activities - even demolish problem buildings. This can depend on the nature of the development and its effect on neighbours. Failure to comply with a notice could involve criminal proceedings.

How much will my application cost?
The cost of applications for planning permission varies, check which fees (pdf) applies to your proposal.

How is the application determined?
Some applications are decided by Planning Committee and some under authority delegated to council officers. The current scheme of delegation (pdf) (functions delegated to the built environment director) was approved in January 2006 and includes a list of types of application that require presentation to Planning Committee for determination. The majority are officer decision.

How long does permission last?
Full permission is usually valid for five years – not starting within this time will mean reapplying. If outline permission has been granted, you will need to submit for the approval of reserved matters within three years of the permission.

What is the difference between full and outline applications?
Most planning applications are submitted in full, with drawings and information in sufficient detail to enable a full consideration of the proposal.

In certain instances, an application can be submitted and considered in outline to establish the principle of the development. It can only relate to the erection of new buildings and not an application involving a change of use. You would normally be expected to provide copies of location plans and plans showing the siting of the building/s and the means of access onto the site. Other details such as the design, external appearance and landscaping would not normally be required at this stage. However, the planning officer may request further information (including more detailed drawings) before finally considering the application.

Outline applications are not acceptable for development in conservation areas or where the proposal would affect the setting of a listed building. Once outline permission has been granted, you will have to obtain approval for the details before work can start. This is called reserved matters.

What are reserved matters?
Reserved matters relate to design, external appearance, siting, means of access and landscaping for the erection of new building/s, where outline permission has been granted. Conditions attached to the permission may require other details to be approved eg materials, but only those in the five categories mentioned are reserved matters.

What happens to my application if I do not submit a design and access statement in the prescribed format?
The application will not be registered and validated and therefore cannot be considered by the council.

At what stage will I have to submit a design and access statement with my planning application or application for listed building consent?
At the same time as the application forms, fees and plans are submitted to the council.

What is the effect of formally requiring statements?
Both design statements and access statements have been around for some time. Ealing already encourages the submission of urban design statements, Access Statements and other information. The complying with planning policy pages sets out the further requirements in Ealing . This is indicated in the UDP and there is supplementary planning guidance on how and what to do. The government’s new requirement means that whereas before in Ealing, urban design and access statements were encouraged, they are now required.

If used properly, design and access statements will help provide high-quality development, better-informed negotiation and decision making, and more certainty for everyone. They should: make applicants think carefully about the quality of their planning proposal (this should improve the general quality of applications), give applicants the opportunity to explain and justify their plans to officers, councillors and the people they consult, help people to negotiate changes to plans, as they can set out ideas for discussion, and control the way buildings are built, used and managed.

Ealing supplementary planning guidance and related documents are consistent with the references to design and access statements made in Circular 01/2006. This is reinforced in the accompanying CABE guide (Commission for Architecture and the Built Environment) on the subject.

Can statements be used after planning permission has been granted?
Yes, a scheme given permission is rarely exactly the same as the scheme that is actually built. Things like building materials and landscaping often need to be approved by a condition on the planning permission. Although these details can be agreed later on, they should be based on the relevant part of the statement, and conditions should make sure this happens. In particular, achieving and maintaining inclusivity will rely on decisions made after planning permission, and access conditions should continue to be enforced as the place is built, lived in and managed. In cases of outline planning permission, as explained above, the statement will also be an important way of making sure that reserved matters are consistent with what the developers said they were going to do when they applied for planning permission.

How does the new requirement deal with access for people with disabilities?
Communities and Local Government Circular 01/2006 and the CABE guide refer to ‘inclusive access’. These are consistent with what we ask for in our SPG7 Accessible Ealing. Access statements are mentioned in the Introduction of SPG7. Please note that the CABE guide (page 7) describes ‘inclusive access’ as ‘ how everyone can get to and move through the place on equal terms, regardless of age, disability, ethnicity or social grouping. In other words it’s actually wider than physical access, which our SPG concentrates on. The circular suggests that the ‘‘requirement for the access component of the statement … does not extend to internal aspects of individual buildings’ (para 100). This is qualified in the section on Access in the CABE guide (page 19):

The inside of a building is not normally shown on a planning application, but unless the layout inside a building is considered, it will be very difficult to decide where entrances and fire exits should go. So, it may be useful for the statement to explain how internal access will be designed, provided and used as this can have an effect on how the place will eventually look and work.

The circular and CABE guide together are consistent with Ealing’s approach.

The CABE report includes further advice that supports Ealing’s approach on all aspects of design and access information (page 9):

Statements may include other information as well, either because applicants think it is relevant or because local policies say they should, or because applicants want to include other information that they feel is relevant. For example, statements can explain the energy performance of buildings or whether they meet design standards such as Lifetime Homes or Building for Life Standards, or they may explain how the public has influenced the plan.

Are access statements the same as the new design and access statements that are now needed?
The Disability Rights Commission (DRC) has produced guidance on access statements. This explains how access should be considered from the start of the design process through to the building and final use and maintenance of the building or space. The statements needed with planning applications should relate specifically to the planning stage of the development process. The access statement with a planning application will need to be elaborated to inform submissions under the building regulations, and help make sure those finally using the building have their needs met in keeping with the duties of the Disability Discrimination Act.

What do I need to do for listed building consent applications?
All applications for listed building consent require a design and access statement.

When a planning application is submitted in parallel with an application for listed building consent, a single, combined statement should address the requirements of both.
Where there is no parallel planning application, information on use, amount and landscaping is not required. Otherwise, scale, layout and appearance are broadly the same as set out above.
In addition, design and access statements accompanying applications for listed building consent should include a brief explanation of how the design has taken account of:

the historic and special architectural importance of the building
the particular physical features of the building that justifies its designation as a listed building
the building’s setting

The statement should explain and justify the approach to ensuring that the listed building preserves or enhances its special architectural importance. Where an aspect of design may impact on this, the statement should explain why this is necessary and what measures have been taken to minimise the impact.

How do I deal with disability access in a listed building application?
The access component of the statement is broadly the same as for planning applications, but with reference to the special considerations for listed buildings set out above.

The statement should explain how the development achieves access for people with disabilities in a way which is sensitive to the historical and architectural significance of the building. The statement should detail any specific issues which arise because the building is listed, the range of options considered and, where inclusive design cannot be provided, an explanation as to why should be given. Where the structure of the listed building restricts ability to carry out alterations to achieve full accessibility, the statement should give details of solutions that will be put in place to minimise the impact on disabled people and ensure that any services provided within the building are made available in other ways.

Can I get more detailed advice on design and access statements?
Yes, further guidance is available on design and access statements.

What if I am unhappy with a planning 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 contact the officer who processed your application.

Only applicants have the right of appeal. It is important that objections are made to the planning services team before it is decided whether permission should be granted. If the applicant appeals against the decision objectors will be invited to submit further comments.

How do I appeal against a decision?
Appeals must be made to the secretary of state within three months of the decision notice. For an application to appeal, you will need to write to: The Planning Inspectorate, Room 307, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or visit www.planning-inspectorate.gov.uk where you can download the appeal forms.

The time limit for appealing against decisions varies on other types of applications eg adverts, enforcement notices, or for appealing against the council's failure to determine an application within the eight weeks. For further information contact the council on (020) 8825 6600 or The Planning Inspectorate.

What do I do if I want to make an amendment to my proposal?
Local planning authorities are encouraged to deal with minor amendments to approved schemes without requiring a new planning permission.

This depends on whether the amendment is so substantial that it constitutes a different application and if it would affect third parties who would be entitled to be consulted.

Requests should be made in writing, with plans clearly showing the difference between the approved scheme and the proposed amendment. It should also be supported by the justification for the amendment.

The code of practice (pdf) sets out how the planning services' team deals with minor amendments.

How do I obtain written confirmation that planning permission is not required?
If you think that planning permission is not required you can make an application for a Lawful Development Certificate. Applications may relate to:

existing or proposed uses of a building
building works you are about to carry out
building works that have already been carried out

It is your responsibility to supply planning services with all the supporting information to show that permission is not required. Planning services can agree or refuse an application for a lawful development certificate. If you disagree with the decision you have the right of appeal.

Can I obtain the planning history for a property?
The planning history for your property can be obtained by contacting the planning services team. Receptionists will check for any history on your property and locate the files/microfiche for you to look at. Copies of information can be obtained at a charge (word). Alternatively you can write to the planning services administration team - there may be a charge (word) to research the information depending on the time it takes.

How do I find out whether a property is listed?
You can find out if your property is listed (pdf) online. It is a criminal offence to demolish, alter or extend a listed building without first obtaining listed building consent. The penalties for this can be heavy – usually in the form of a large fine or even imprisonment.

How do I comment on a planning application?
Write to the planning services team, including your address. You can comment on an application even if you haven't been formally consulted.

We must receive your written comments within 21 days of the start of the consultation period. If you need help on making comments on a planning application contact the planning officer named on the consultation document.

If the planning application needs to be considered by the planning committee, and you have submitted comments, you will be informed when the meeting will take place.

What comments are taken into consideration during a consultation?
Planning services can only consider planning comments:

design and layout
external appearance and materials
access for disabled people
loss of daylight, sunlight and privacy of neighbours
noise nuisance
traffic and parking issues
loss of, or an increase in, a particular type of use of land

Do I need planning permission for internal alterations?
Planning permission is not required for building works that are contained within your property and have no effect on the outside of the building (eg removal of internal walls). If your property is a listed building you will need to apply for listed building consent (pdf).

Do I need planning permission to add an extension or conservatory to my home?
If your home is a flat you will need to apply for planning permission. If your home is a house, and you occupy all of it, you will need to apply for planning permission if the conservatory/extension:

would be nearer to any highway than the nearest part of the original house, unless there would be at least 20 metres between your house (as extended) and the highway
is more than four metres high and within two metres of the boundary
higher than the highest part of the roof of your house
if more than half of the area of land around the original house would be covered by additions or other buildings
for terraced houses or any house in a conservation area – the extension (plus any previous extensions) would be more than 50 cubic metres or 10% of the volume of the original house (up to a maximum of 115 cubic metres), whichever is the greater
for a detached or semi-detached house not in a conservation area – the extension (plus any previous extensions) would be more than 70 cubic metres or 15% of the volume of the original house (up to a maximum of 115 cubic metres), whichever is the greater

NB The original house is a house as it was originally built or as it existed on 1 July 1948 whichever is the later date. The term highway includes all roads, footpaths, bridleways and byways if they a public rights of way.

If your home is covered by an Article 4 Direction some of your permitted development rights are removed and you will probably need to apply for planning permission. If your home is a listed building you will also need to apply for listed building consent .

How do I calculate cubic content?
The following must be considered when calculating cubic content (volume):

volume is calculated from the external dimensions of entire buildings or structures
if an extension to your house comes within five metres of another building belonging to your house, the volume of that building counts against the allowance for additions and extensions
the erection of new buildings within the grounds of a house that have a cubic content of at least 10 cubic metres are treated as extensions if they are within five metres of the house
within a conservation area the erection of new buildings within the grounds of a house that have a cubic content of 10 cubic metres or more are treated as extensions

The planning portal's volume calculator will help you to calculate the cubic content.

Do I need planning permission for gates, fences and walls?
Planning permission is not required to build or alter gates, fences and walls unless the structures are

higher than one metre when adjoining a highway used by vehicular traffic
higher than two metres elsewhere
if your property is listed you will also need to apply for listed building consent
if your property is covered by an Article 4 Direction you may need planning permission

NB If you have hedges, shrubs or trees on your boundary walls, planning permission is not required for work on them (unless covered by tree preservation order or a condition attached to a previous planning permission, or located in a conservation area)

What is an Article 4 Direction?
In some conservation areas and listed buildings, even minor alterations can adversely affect the visual quality of the area. The council can impose additional controls by the use of Article 4 directions to restrict works that would normally be allowed as permitted development. Even the painting of buildings can be subject to planning control. Conservation areas covered by Article 4 directions are Brentham Gardens Estate, Hanger Hill Haymills and Hanger Hill Garden Estate.

Do I need planning permission for a porch?
If your home is a flat you will need to apply for planning permission. If you live in a house and occupy all of it, you will need to apply for planning permission if the porch is

greater than three metres above ground level
has a ground area of more than three square metres
is less than two metres from a road

You will probably need to apply for planning permission if your home is covered by an Article 4 Direction. If your house is a listed building you will probably need planning permission and listed building consent (pdf).

Do I need planning permission for a vehicle access?
You will not need planning permission for a new access or alter an existing one provided all of the following apply:

your property is either a house (not flats), a warehouse or an industrial building
the vehicle access will not be to a trunk or classified road
the vehicle access is required in connection with a proposed development eg hardstanding or garage that does not require planning permission and would not cause an obstruction to the view of persons using the highway

In all other instances, planning permission will be required. If your property is listed or covered by an Article 4 Direction you may need planning permission, even if it complies with the above. Find out if your road is classified (pdf).

If the new or widened access crosses a pavement or verge and you require a dropped kerb you will need to contact Parkman on (020) 8326 3031 to arrange for the council to do the works at your expense. This is neccessary even if you do not need planning permission.

Do I need planning permission for hard standings?
You will not need planning permission if your property is a house (not flats), a warehouse or an industrial building, unless:

the hardstanding is for parking a motor vehicle and you require planning permission for a vehicle access
and/or
you intend to use the hardstanding for any purpose other than a domestic use associated with the house

In all other instances, planning permission is required. If your property is listed or covered by an Article 4 Direction you may need permission, even if it complies with the above.

Hardstandings include patios and, in some instances, decks; although decks attached to the property are considered as extensions.

Do I need planning permission for a garage?
If your property is not a house (in single family occupation), you will need planning permission.

If your property is a house and the garage will be attached to the house (or is within five metres of the house) it is treated as an extension to the house and the rules for extensions apply. If the garage will be detached (and more than five metres from the house) you will need to apply for planning permission if it:

is nearer to the road than the original house or within 20 metres whichever is the closer
together with other buildings and additions/extensions covers more than 50% of the land around the original house
will be higher than 4 metres, in the case of a building with a ridged roof; or 3 metres with any other type of roof (e.g. flat roof, mono-pitched roof, etc.) (measured externally from natural ground level)
will require a new or altered vehicle access from a trunk or classified road (pdf)
more than 10 cubic metres in volume and the house is a listed building (pdf) and/or in a conservation area
if the site is in a conservation area or contains a listed building you may need conservation area consent (pdf) or listed building consent (pdf) to demolish an existing garage

Do I need planning permission for a loft conversion?
You do not need planning permission for expanding your accommodation into the existing loft space provided it is only internal works. If the property is not a house you will need permission if you are raising the height of the roof, installing a dormer window, and, probably, for a roof light or changing the shape of the roof, as these are considered extensions to the property.

If the property is a house you will need permission if you are raising the height of the roof, installing dormer windows in a roof plane that faces a highway or if it is in a conservation area. If the dormer window does not face a highway you will not need permission unless one of the following applies:

if a terraced house – the volume of the dormer/s is more than 40 cubic metres or the volume of the dormer plus any other extensions add up to more than 50 cubic metres (The planning portal's volume calculator will help you to calculate the cubic content)
if detached or semi-detached house – the volume of the dormer/s is more than 50 cubic metres or the volume of the dormer plus any other extensions add up to more than 70 cubic metres

My neighbour wants to build an extension will I be notified about this?
If the extension needs planning permission, the council will notify the neighbours in two properties on each side of the development site boundary (including those to the rear of the property). If the extension is to the front or side the neighbours directly opposite will also be notified. If it relates to flats, other neighbours within the property will be notified. This is a minumum; wider notification is at the discretion of the officers.

What is a conservation area?
A conservation area is an area of special architectural or historic interest. It has been designated by the council to help preserve and enhance its character and appearance.

There are 29 conservation areas in the borough. It is the quality and interest of areas, rather than individual buildings, which is the prime consideration in designating conservation areas.

The council has a duty to designate conservation areas where appropriate, to prepare proposals for their enhancement and to give special attention to planning applications for development in conservation areas.

What is the special character of my area?
The special character of a conservation area derives from the combination of its buildings and the spaces around them. The historic layout of roads and paths, traditional building and paving materials, public and private open spaces, views and vistas, green spaces and trees – all of these and more, in combination with buildings, contribute to the special character of a conservation area. Specific information can be found under the relevant conservation area.

What special controls are there in conservation areas?
If you live in or own a property in a conservation area, then you must comply with the normal planning and building controls, which affect all properties. There are also extra controls, which apply to conservation areas covering demolition, alterations and extensions, advertisements and trees.

Any alterations and extensions that you can make to your home without needing planning permission are more limited in conservation areas. For example any roof extension will need permission even at the back of the house, so will any satellite dish at the front of the house.

There are additional controls in certain conservation areas where Article 4 Directions are in force, requiring a planning application to be made for work which would otherwise have been permitted development.

You will need conservation area consent (pdf) from the council for the demolition of most buildings or structures in a conservation area, including walls. In general, consent will not be granted for the demolition of buildings that make a positive contribution to the character or appearance of a conservation area. Consent for demolition will not be given until it is known what form the redevelopment will take. This is to prevent ugly gaps spoiling the appearance of conservation areas.

Before carrying out any works to trees on your property you will need to give the council six weeks notice. This gives the council the chance to decide if a tree preservation order is necessary.

You may also need approval under the Building Regulations for alterations even if you do not need planning permission. Remember that there are extra controls over listed buildings. It is always best to check with the council before doing any work, to find out what approvals you may need.

How is the character of a conservation area preserved or enhanced?
The council's unitary development plan contains detailed policies regarding the designation of conservation areas and other related matters including the design of new development, street furniture and landscaping. These policies include a commitment to the protection of listed buildings in the borough, as well as the preservation and enhancement of the borough's conservation areas.

Conservation area panels provide an advisory forum on planning applications, design guidance and other matters of interest. The panels consist representatives of local amenity groups and other qualified persons.

The success of Ealing's conservation policies depend on the support and co-operation of residents, property owners, businesses and local amenity groups in each area.

Planning services have published appraisal leaflets for each conservation area within the borough, which identify the special interest of each conservation area.

To obtain these leaflets contact (020) 8825 6600 or visit Ealing Customer Services, customer service centre, Perceval House, 14-16 Uxbridge Road, Ealing W5 2HL.

If you require the set of appraisal leaflets (26 in total) there is a charge of £10.

Planning breaches
How to report a suspected planning breach?
If you suspect a planning breach has occurred you should fill in the complaint form.

Smoking shelters
Can I have a dedicated smoking area?
Examples from Ireland, Scotland and other European countries where smoking has been banned in public places has shown that many establishments have set up dedicated smoking areas that comply with the applicable legislation, in this case the Health Act 2006.

If you intend to have a dedicated smoking area or outdoor smoking shelter (eg for employees or patrons of a public house) you will need to ensure that it is not enclosed or substantially enclosed as set out in the Smoke-free (Premises and Enforcement) Regulations 2006.

Premises are considered enclosed if they:

have a ceiling or roof and
except for doors, windows and passageways are wholly enclosed either permanently or temporarily

Premises are considered substantially enclosed if they:

have a ceiling or roof but there is an opening in the walls
an aggregate (total) area of openings in the walls which is less than half of the area of the walls, including other structures that serve the purpose of wall and constitute the perimeter of the premises

The definition of substantially enclosed can be complex and it is recommended that you review the regulations for the full details.

Do I need planning permission to create a smoking area or smoking shelter?
If you wish to create a dedicated smoking area then planning permission will normally be required for the following works and uses:

permanent external smoking shelter structures, whether free standing or attached to existing buildings
awnings/canopies/blinds attached to buildings will almost always have a material effect on the external appearance of a building and planning permission will normally be required
use of any land as a beer garden or yard, where the land does not form part of the business premises
construction of timber decking
cigarette/stub-out bins on the front of premises

Planning permission will usually not be required for the following works and uses:

portable free-standing awnings/canopies and space heaters (however if these are located on the street or the front of a premises then planning permission may be required as well as permission from the highways department)
the use of beer gardens and yards, where they are ancillary to the main pub/restaurant use and are lawfully part of the existing premises

The Ealing goes Smokefree page provides further information about the new regulations.