Planning permission
Development is defined in Section 55 of the Town and Country Planning Act 1990 as “the carrying out of building, engineering, mining or other operations in, on or under land, or the making of any material change of use of any buildings or other land“.
Section 55 also provides that certain works and uses do not constitute development under the Act. These include:
- Works of maintenance, improvement or alteration which affect only the interior of a building or which do not materially affect its external appearance;
- The use of buildings or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such;
- The use of land for the purpose of agriculture and forestry; and
- Change of use of land or buildings within the same class of the Town and Country Planning (Use Classes) Order 1987.
The National Planning Portal
The National Planning Portal offers a wide range of services and guidance on the planning system for both members of the public and planning professionals. For more information please click on the external links below, which will open in a new window:
- National Planning Portal
- Guide to Planning – A brief introduction to the planning system.
- Make a Planning Application - Create a planning application on-line to submit to Hertsmere Borough Council. The National Planning Portal provides help and guidance to assist you. At present, applications must be printed and submitted by post.
Permitted Development
The Town and Country Planning (General Permitted Development) Order 1995 gives a general permission for certain defined classes of development or use of land, mainly of a minor character.
The most commonly used clause permits a wide range of small extensions or alterations to dwelling houses. However, the Council may have imposed a condition which take away certain permitted development rights.
A leaflet published by the Government entitled “Planning – a Guide for Householders” is available from the Council or at the Communities and Local Government [previously ODPM]. For additional advice on whether or not you require planning permission, please contact the planning Unit.
Pre-Application Enquiries
Pre-application discussions are welcomed and the Unit will aim to respond to all requests for advice and guidance within 15 days of receipt.
All requests for advice on whether planning permission is required must be put in writing as the Unit cannot provide such advice over the telephone or at a meeting.
In order to help householders to obtain such advice the unit has produced a Planning Permission Enquiry form and it will help if you could use this form.
Planning Permission Enquiry Form can be obtained from the Council Offices or downloaded below:-
The Making and Determination of a Planning Application
Once you have established that planning permission is required, then you or an agent acting on your behalf should submit a planning application, for formal consideration.
Copies of the relevant forms are available from the Council. At least four copies of plans and forms should be submitted together with the appropriate fee.
Plans are required to be drawn to a recognised scale usually 1:50 or 1:100. Detailed guidance notes and fee information will normally accompany the application forms.
Again you should contact a Planning Officer if you are uncertain about the level of detail required or the correct fee.
Outline Planning Applications
There are a few circumstances when you may want to make an outline application.
This enables the applicant to see what the Council thinks of the building work you intend to carry out before you go to the trouble of making detailed drawings (although you will still need to submit details at a later stage).
Outline applications are not suitable for house extensions and are normally only used for larger developments. For further advice on outline applications please contact a planning officer.
Registration of Planning Applications
Once a planning application is received by the Council it must be validated to ensure that all the relevant information has been submitted to enable the Council to make a decision.
If the submitted application is incomplete then the applicant or agent will be notified in writing within 3 working days of its receipt, setting out what additional information is required and how to correct any mistakes.
Completed applications will be registered within 4 working days of their receipt and the applicant or agent will be sent an acknowledgement, listing the planning reference number, the name of the case officer and a target date for the decision.
The application will also be added to the Statutory Register of Planning Applications and will appear on the weekly list of registered applications.
Consultation
At the same time, letters of consultation will also be sent out. Planning applications are publicised by individual letters to neighbouring properties and where relevant with site notices and advertisements in the local newspaper.
This enables those people who may be affected by a development to have an opportunity to comment and have their comments taken into account before a decision is made.
The consultation period for an application will initially last 21 days, if amended plans are submitted then a second consultation of 14 days may take place.
All applications can be viewed at the Council Offices in Borehamwood. In addition some plans can be viewed at local Council offices and libraries.
Consultation letters will clearly state where the plans can be inspected. Even if you do not receive an individual consultation letter you can still submit your views, which should always be in writing.
Consultation is also carried out with other interested parties such as Parish Councils, local amenity groups and other public bodies e.g. the Environment Agency.
Processing and determining the application
The case officer will make a site visit to consider the possible effects of the proposed development. The outcome of this may be the need for an amendment to the submitted plans.
Depending on the nature of any amendment, neighbours may be re-consulted. The Unit’s policy is to negotiate on applications, where appropriate, to overcome objections.
Applications will be determined in accordance with the Statutory Development Plan (Hertfordshire Structure Plan and Hertsmere Local Plan) and any supporting Supplementary Planning Guidance, unless there are good reasons for an exception to be made.
A decision on the application will be made either by the Head of Planning, Transport and Building Control using delegated powers or by the relevant Planning Sub Committee.
About 90% of applications are determined by the Head of Planning, Transport and Building Control.
There are currently three Planning Sub Committees: Bushey/Aldenham, Borehamwood/Shenley and Potters Bar.
If an application is required to come before a Planning Sub Committee, then those who have commented on the application will be advised of the Sub Committee date five working days before the meeting.
At a Sub Committee objectors have the opportunity to speak for up to three minutes if they telephone a dedicated number between 10.00 and 16.00 on the day of the Sub Committee. There is also an opportunity to speak for three minutes in support of an application.
The application case officer will put forward a report where they consider the issues, summarise any consultation comments and make a recommendation to the members of the Planning Sub Committee.
A copy of the Officer’s report is available in paper form or by email for a charge from the Secretariat at least five working days before the planning application is due to be determined by the Sub Committee.
Following the determination of a planning application the Council will issue a decision notice notifying you of the outcome.
If you have employed an Agent then the decision notice will be sent to them. The Council may grant permission subject to conditions.
The Council has to give reasons for the conditions. When a planning application is refused the Council must also state clearly and precisely the reasons for the refusal.
Post Decision
The Council may grant permission subject to conditions, for example, restricting what you can do on the premises, or requiring you to get specific approval for aspects of the development, such as the materials to be used, before you can proceed.
The Council has to give reasons for the conditions. It is important that you get these conditions discharged by the Council before commencing work.