Pendle Borough Council
Market Street, Nelson, Lancashire BB9 7LG
Tel: 01282 661661 Fax: 01282 661130
Planning Guide
When do I need to apply for Planning Permission?
Most forms of development require planning permission.
There are many small scale works such as minor house extensions, garages, and some changes of use to existing buildings, which are 'permitted development' and do not need a planning application.
'Permitted Development' is set out in the Town and Country Planning (General Development Procedure) Order.
If you are unsure, contact us at planning@pendle.gov.uk
A Checklist for the Submission of Planning Applications is available to download as a pdf document.
What happens to a Planning Application?
After the application has been received a preliminary check is made to ensure that enough information is submitted.
If it is, and the correct fee has been submitted, the application will be registered, and an acknowledgement sent to yourself or your agent.
The Council makes the necessary consultations.
Adjacent occupiers are notified and site and press notices arranged where appropriate.
The planning case officer dealing with the application will visit the site in order to assess the merits of the proposal, including its visual impact, relationship to neighbouring properties and effect on local amenities and traffic, before a report is prepared.
Commenting on Planning Applications
There are several ways of finding out about planning applications:
- All applications for planning permission and related consents are kept in a register of applications, which is available for inspection at the Town Hall, Market Street, Nelson
- A weekly list of planning applications is sent out to every public library. The list is often reported in the local newspapers, and it can also be purchased
- Neighbouring owners/occupiers are notified about proposals by letter
- Certain development proposals, including departures from the Development Plan and those affecting the character of listed buildings and conservation areas, are advertised by site notice and in the local press
- Applications may be decided under the Council's delegation scheme or by Planning Committees. Whatever method is used you will be given time to make your comments before the application is determined
- Anyone can comment on planning applications. All comments should be made in writing before the end of the public consultation period and be sent to: Planning Services, The Town Hall, Market Street, Nelson, BB9 7LG. Comments and objections should be restricted to relevant planning issues which may include:
- The impact on local amenities and neighbouring properties, particularly in terms of physical impact, tree loss, overshadowing, overlooking and noise generation
- The traffic and highway impact of a proposal
- Current structure and local plan policies
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The following issues sometimes come up, but they are not planning issues so the council cannot take them into account:-
- the effect the development might have on property values
- the personal circumstances of the applicant; and
- 'moral' issues related to the proposal. (The key question for the planning system is whether the proposed use of the site would be acceptable in land use and environmental terms. Separate licensing systems apply if special control is needed over the sale of things that might be socially or morally sensitive)
The Planning Decision
The decision will usually be made by the appropriate Area Committee of the Council or by the Planning Manager. The Committee considering the application may or may not follow the planning officer's recommendation. Applicants, their agents and members of the public, can speak at Committee Meetings, but prior notice must be given to the Committee Clerk.
After an application has been determined a Decision Notice is sent to the applicant or their agent, stating that the application has been approved or refused.
If the application has been approved the Decision Notice will specify the conditions under which planning permission has been granted. It is vital that these conditions are complied with, either before or during construction, or in the process of changing the use of premises. If the application is refused the decision notice will give reasons why planning permission has not been granted.
An appeal can be lodged against conditions of approval or refusal.
One resubmission of a refused application may be made (fee exempt) within 12 months of the date of decision (by the same applicant and of the same character of development on the same zone site) This is normally used when applicants will address the concerns of the Council.
How to appeal
If a decision has not been made within eight weeks of registration, or if a planning application is refused, or permission is granted subject to conditions which the applicant believes to be unreasonable, then an appeal can be made to:
The Planning Inspectorate,
3/02 Kite Wing,
Temple Quay House,
2 The Square,
Temple Quay,
BRISTOL
B51 6PN
Appeals must be made within 3 months of the date of the planning decision notice.
For further information on making a Planning Appeal, see the Planning Inspectorate website.
The Planning System
Planning for the future is essential to make good use of land.
Town and Country Planning aims to make sure that new workplaces, homes, shops, road and leisure facilities are in suitable locations.
Planning also provides the means for local people to have a say about the principle and the detail of development in the local area.
A system of land use control has developed in this country since the end of the Second World War, through various Acts of Parliament.
Pendle Borough Council is responsible for preparing a Local Plan and controlling development in accordance with the plan policies.
As Local Planning Authority, Pendle also has control over special areas such as historic buildings, conservation areas, trees, advertisements and hazardous substances.
Fees for Planning Applications
The fees for planning applications are set under national planning legislation. They are not set by Pendle Borough Council. The Council is not able to process an application unless the appropriate fee has been received. The table below advises on the scale of fees appropriate for various forms of planning application.
The Council would be happy to advise applicants of what the appropriate fee is for a development. In cases of dispute, which rarely happens, and a fee is not paid, applicants can only resolve the issue by appealing to the Secretary of State for the non-determination of the planning application.
Once a fee has been submitted for a valid application there is no refund available.
| 1. HOUSEHOLDER APPLICATIONS: alterations, improvements or extensions to existing dwellings, including garages, gates, fences, etc. | £110. Works to two or more adjoining properties are charged a flat rate of £220 |
| 2. Change of use from a single dwelling to 2 or more flats/dwellings or conversion of any buildings into flats | £220 for each additional dwelling created by the development up to a maximum of £11,000. |
| 3. Change of use of land or buildings. | £220. |
| 4. RENEWAL of a temporary permission. | £110. |
| 5. ERECTION OF NEW HOUSES OR FLATS | |
| (a) Outline Application |
£220 for each 0.1 hectare of site area (or part thereof) up to a maximum of £5,500. |
| (b) Full Applications or Reserved Matters |
£220 for each new dwelling created up to a maximum of £11,000. |
| 6. NON-RESIDENTIAL BUILDING WORKS | |
| (a) Outline Application |
£220 for each 0.1 hectare of site area (or part thereof) up to a maximum of £5,500. |
| (b) Full Applications or Reserved Matters. Fee is based on the floor area (all floors) created by the development. Floor area includes the thickness of all walls. | |
| · less than 40m² | £110. |
| · between 40m² and 75m² created | £220. |
| · more than 75m² gross floor space created |
£220 for every 75m² (or part thereof) subject to a maximum of £11,000. |
| 7. PLANT & MACHINERY |
£220 for each 0.1 hectare of site area (or part thereof) up to a maximum of £11,000. |
| 8. Disposal of WASTE or REFUSE or open storage of minerals. |
£110 for each 0.1 hectare of site area (or part thereof) up to a maximum of £16,500. |
| 9. Exploratory drilling for OIL or GAS. |
£220 for each 0.1 hectare of site area (or part thereof) up to a maximum of £16,500. |
| 10. CAR PARKS, service roads or other means of access. | £110 for existing uses. For new uses the fee is £220. |
| 11. Any other operation not covered above (excluding agricultural land). |
£110 for each 0.1 hectare of site area (or part thereof) up to a maximum of £1,100 |
| (a) in the case of operations for the winning and working of minerals, £16,500. | |
| (b) in other cases, £11,000. | |
| 12. Applications to vary or remove an extant planning condition. | £110. |
| 13. ADVERTISEMENTS | |
| (a) relating to the business on the premises | £60. |
| (b) advance signs directing the public to a business (must not be able to see the site from the advert) | £60. |
| (c) other advertisements (e.g. hoardings) | £220. |
| 14. NEW SHOPFRONTS | £110. |
| 15. Applications under the General Permitted Development Order by telecommunications code system operators. | £110 |
| 16. Agricultural buildings on agricultural land. | (a) Where the Gross floor area is less than 465 m² £40. |
| (b) Where floor area is between 465 m² and 540 m² £220 | |
| (c) Floor area in excess of 540 m² £220 plus £220 for every additional 75 m² of floor space or part thereof. | |
| 17. Glasshouses |
(a) Where the floor area is less than 465 m² £40 per application. |
| (b) Where floor area is more than 465 m² £1,235 per application. | |
| 18. Applications to demolish buildings. | £40. |
