Development Control - Do I Need Additional Approvals

Summary

Do I Need Additional Approvals?

Before you start work it may be necessary to obtain other consents before your building works commence. For example any public rights of way which are affected by the proposal will need to be diverted or extinguished on either a temporary or permanent basis before building works can commence. Other consents may relate to:-

• Building Regulations Approval
• Trees
• Hedgerows
• Wildlife
• Conservation Area Consent
• Listed Building Consent
• Advertisements
• Lawful Development Certificates
• Hazardous Substances Consent
• Mineral Working and Waste Disposal
• Public Rights of Way

Building Regulations Approval

By completing a planning application form you are solely applying for planning permission. In many cases an extension to your house, including in some instances a garage or porch will also require Building Regulation Approval.

This is not the same as planning permission, but is the control of actual building works in respect of fire resistance, structural stability, ventilation, thermal insulation and drainage, rather than the siting, design and external appearance of the building.

If you have any doubts the Building Control Team can be contacted at:-

Building Control
Planning & Transportation Services
Central Offices
Kendray Street
Barnsley
S70 2TN
Tel: (01226) 772678
Fax: (01226) 772698

Building Regulations are governed by different laws, your application for planning permission will be dealt with entirely separately from any application submitted for Building Regulations approval.

Trees

The protection given to trees comes in many different forms and you need to check all of the following items before you begin work on or near trees. Roots are an important part of the living tree and damage to them as well as to the stem, branches and canopy may lead to enforcement action. You must check whether the trees are protected by:-

• A Tree Preservation Orders (TPO's)
• Tree Conservation Areas Procedures
• Planning Conditions

Further information can be obtained by contacting the Forestry Officer on (01226) 772557

• Felling License Procedures (Governed by the Forestry Commission)

The Forestry Commission can be contacted at:-

The Forestry Commission
Yorkshire & Humberside Conservancy
Wheldrake Lane
Crockey Hill
York
YO1 4FF
Tel: (01904) 448778
Fax: (01904) 448110
Email: fc.yathcons@forestry.gov.uk

Hedgerows

Under the Hedgerows Regulations 1997
It is against the law to remove most countryside hedges without permission. To get permission to remove a hedgerow you must first contact the Development Control Team at Planning & Transportation Services. If the Development Control Section decide to prohibit the removal of an important hedgerow, it must let you know within 6 weeks. If you remove a hedgerow without permission (whether it is important or not) you may face an unlimited fine. You may also have to replace the hedgerow.

Wildlife

A wide range of wild plants and animals (including birds) are protected under the Wildlife & Countryside Act 1981 and related legislation. Some familiar species which are protected include:-

• Bats (all species)
• Badgers
• Watervole
• Great Crested Newt
• Adder
• Barn Owl
• Bluebell

If your proposal is likely to have an adverse effect on any of the species mentioned above or any others which you believe may be protected you should first seek advice. Further information and advice can be obtained by contacting the Countryside Team on (01226) 772567.

Conservation Area Consent

In Conservation Areas, even if they are not listed, Conservation Area Consent is required for the demolition of buildings and may be needed for the demolition of other smaller structures (depending on their size) including walls and fences. Further information can be obtained from the Development Control Team.

Listed Building Consent

If your property is on the Statutory List of Buildings of Special Architectural or Historic Interest you will need consent to demolish (all or part) and for internal or external alterations and extensions which in the Councils view affect the character of the building. Further information can be obtained from the Development Control Team

Scheduled Ancient Monuments require a separate Scheduled Monument Consent, which is granted by English Heritage. The Council receives advice on archaeology from the South Yorkshire Archaeological Service.

(In Barnsley there are only 22 scheduled monuments, some of which are also listed buildings. Scheduled Monument Consents are therefore very rare)

Advertisements

A separate form of planning control applies to advertisements. Consent is required to display all outdoor advertisements except in special cases. Either 'express consent' can be granted by the Council or 'deemed consent' is given in the Town and Country Planning (Control of Advertisement) Regulations 1989. 'Deemed Consent' is limited to certain types and sizes of advertisements (generally non-illuminated signs). An explanatory booklet entitled 'Advertisements' is available from Planning & Transportation Services reception.

Applications for advertisement consent must be submitted on the appropriate forms and accompanied by clear plans. The only grounds for refusal when considering such an application is on the grounds of safety and public amenity. The nature of material advertised is not a planning matter.

Persons displaying advertisements without consent are committing a criminal offence and may be subject to prosecution and the risk of a fine.

Lawful Development Certificates

These are procedures through which the Council can certify that existing or proposed uses of land and buildings are 'lawful'. Such certification gives immunity to the particular use described in the certificate from any charges that it requires planning permission. An explanatory booklet entitled 'Lawful Development certificates' is available from Planning & Transportation Services.

Hazardous Substances Consent

You are required to obtain consent for the storage of certain hazardous substances. Further details can be obtained from Planning & Transportation Services.

Mineral Working and Waste Disposal

Despite the closure of deep mines Barnsley still has active mineral working sites predominantly comprising of opencast coal and clay.

If you are considering submitting a planning application for mineral extraction or waste disposal or wish to obtain further advice regarding the Councils policies on such development then please contact the Minerals and Waste Team on (01226) 772589.

Public Rights of Way

Permanent Diversions and Extinguishments of Public Paths
By completing a planning application form you are solely applying for planning permission. You will also need to apply for a diversion or extinguishments order if the building works which you are proposing will permanently obstruct a public right of way. Until the order has been confirmed the original route of the path must not be obstructed.

What Happens when I make an Application for a diversion or extinguishment?
Your application will be dealt with subject to guidance and laws laid down by parliament. The stages your application will go through are as follows:-

1. Consultation
2. Committee
3. Advertisement
4. Confirmation

1. Consultation

Details of your application will be sent to path users groups, such as the Ramblers Association, British Horse Society (if a bridleway is affected), local councillors, parish council, other land owners and occupiers where appropriate, local authority departments, power and communication companies with equipment in or other the path.

2. Committee

The decision on whether or not a public path order is made is taken by the Council's Planning Regulatory Board after considering a report prepared by council officers which will outline the application and comments made during the consultation period. If the Council decides not to make an order you may ask the Secretary of State to do so.

3. Advertisement

If the committee agrees to make an order the Council's legal department will prepare the documents. The order will be advertised in the local press and notices placed at either end of the path. By law many of those that were consulted earlier will also receive notice of the order.

The order will be available for the public to inspect at local council offices. Four weeks are allowed for people to object to the order.

4. Confirmation

If no objections are made, the Council can move on to confirm the order.

Confirmation is when the order takes effect. A date will be agreed with you when the actual works to provide the alternative route or close the existing one will be completed. The date of confirmation has to be advertised as before.

What Happens if someone objects to the order?

The Council will try to resolve objections by negotiating with the objector and applicant. If the objector withdraws the objection the order can be confirmed.

If the objection is not withdrawn it is referred to the Secretary of State for the Environment who may decide to hold a public inquiry to decide whether or not the order should be confirmed.

How long does all this take?

Orders are likely to take at least four months to process from receipt of application.

If there is a public inquiry it is likely to be over a year before the matter is decided.

How much does it Cost?

The current charge is £400 for making the order plus the costs of the advertisements required in local newspapers. The cost of advertisements is approximately £150 to £200.

If more than one path is involved a further £75 is payable for each additional path. The confirmation of the order may be delayed if the costs are not paid.

Further information and Diversion/Extinguishment application forms can be obtained from the Public Rights of Way Team on (01226) 772570.

Temporary Closures of Public Paths

Alternatively if a public right of way is to be temporarily obstructed then you will need to apply for a temporary closure order for the duration which the path will be out of use. E.g.. If the site is to be fenced off for safety reasons.

Further information and a temporary closure application form can be obtained from the Public Rights of Way Team on (01226) 772569.

Additional public rights of way information can also be obtained from the Institute of Public Rights of Way Officers web site.

Related Links:

• Building Control Services
• South Yorkshire Archaeological Service
• The Institute of Public Rights of Way Officers
• Development Control Services