Planning services frequently asked questions

The frequently asked questions are divided into the following categories:

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

Do I need planning permission?

Whether you need to apply for planning permission will depend on the scale and location of the proposed works or development, and the planning policies related to the application site. The Planning Portal provides extensive general advice on the need for planning permission, some particularly useful advice pages include:

Guidance on siting aerials, antennas and satellite dishes
Information on common building projects conducted by householders
Information on planning and greener homes
Generating renewable energy at home

Getting planning permission

How do I calculate cubic content?  
What happens if I do work without approval?  
How long will it take to obtain planning permission? 
How much will my application cost? 
How is the application determined?
What is the difference between full and outline applications? 
What are reserved matters? 
Smoking shelters

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? 
How do I find out whether a property is listed or in a conservation area? 
What is an Article 4 Direction?  

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 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.

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 three years.

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 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, Customer Support Unit, 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 option may be available to submit your appeal online.

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.

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 or in a conservation area?
You can find out if your property is listed or within a conservation area.

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:

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.

My neighbour  wants to build an extension will I be notified about this?
If an application for planning permission is received, 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. The council will not consult on applications regarding Lawful Development Certificates. Good practice guidance on neighbour notification.

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.

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:

Premises are considered substantially enclosed if they:

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

If you wish to create a dedicated smoking area then planning permission will normally be required for the following works and uses:

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