Professional Documents
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application
V1 February 2015
Article 4 Directions apply to a group of properties and often cover a large area, and
are most frequently, but not always, used in conservation areas. They usually
remove rights to make minor alterations to houses, including the replacement of
doors and windows
Article 4 Directions
What is an Article 4 direction?
'Permitted Development' is a blanket permission, granted by Government
regulations, to carry out certain minor types of development without the need to
make a planning application to the Council. For instance, householders can normally
make minor alterations to their houses without having to submit a planning
application, and there are also Permitted Development allowances for many other
types of development, including some commercial categories.
However, in some areas, most notably in Conservation Areas, the council has
removed these "permitted development" rights by making an Article 4 Direction.
The areas affected are available on the council website or by contacting planning.
You can also view copies of the original documents. Open our File Director
software. All the Article 4 Directions are displayed. You can search by date, or click
on the column headings to reorder the search results.
are used.
For further information and guidance, please contact our Conservation Team.
New Walk Conservation Area (Holy Trinity: the area bounded by Regent Road,
Welford Road, Lancaster Road and Waterloo Way)
Works to Trees: Two types of planning consent may be required for works to trees:
If the trees are protected by a Tree Preservation Order, an application for the
works must be made.
If the trees are located in a conservation area, you made need to formally
notify the Council of the proposed works.
The vast majority of decisions are made by senior officers who have 'Delegated
Powers' to decide applications on behalf of the Council, although a small proportion
of decisions are made a by a Committee of Councillors - usually major applications
or those with a high public interest. The Decision Notice will be sent to the applicant's
agent if an agent has been used.
Hatched lines should be used rather than grey shading. Documents must have a
white background.
Please ensure that all drawings are orientated so that the drawing appears correctly
when viewed on screen.
Text documents, eg letters and supporting information, can be submitted in PDF,
Word (DOC) or text (TXT) formats, up to a maximum file size of 5mb.
Do not submit .exe files or use zip utilities to condense file sizes. These will not be
accepted in any circumstances.
All drawings should include a scale bar indicating the length of 1 metre and 10
metres where appropriate, and the scale at a given page size, e.g. "1:50 at A3".
Drawings submitted electronically must also have a selection of dimensions scaled
on the drawing, so that we can check when we plot them that they are to the correct
scale.
We will ask applicants to supply as many paper copies of plans as necessary to be
able to deal with the application, if the conditions above are not complied with.
Location plan
Four copies of an up-to-date location plan, preferably taken from an Ordnance
Survey sheet and to a scale of 1:1250, clearly showing the location of the application
site in relation to the adjacent properties, must be submitted with all applications.
You must use a valid licensed plan for this purpose. Extracts from Ordnance Survey
sheets may be purchased from licensees of the Ordnance Survey. To use plans from
non-licensed sources will be in breach of Ordnance Survey copyright.
Site boundary
The boundary of the application site must be outlined in red and all adjoining land in
the control of the applicant outlined in blue. This must correspond with ownership
details given on the application form and ownership certificate.
Scale
All plans must be drawn to metric dimensions and to a recognised scale such as
1:10, 1:20, 1:50, 1:100, 1:200 and 1:500.
Relationship to boundary features of the site and adjoining properties
The submitted plans shall clearly show the relationship and distance of the proposal
to all site boundaries, including the highway boundary, and the relationship to all
adjoining buildings including any windows. This will require a plan to a scale of a
minimum of 1:500 in addition to a location plan. Existing trees, buildings, change of
level and other features of the site should also be shown.
Prior Approval of Proposed Change of Use of a building from a Retail (Use Class
A1or A2) Use or a Mixed Retail and Residential Use to a use falling within Use Class
C3 (Dwellinghouse), and for Associated Operational Development.
001
dwelling
EX1
002
003
dwelling and listed building consent for alterations, extension or demolition of a listed
building
004
005
006
007
008
Application for planning permission and listed building consent for alterations,
009
advertisement(s)
010
011
of a listed building
012
014
015
development
016
017
018
019
020
021
022
023
025
permission
027
031
034
granted
More information
For more information on 1APP, please visit:
www.planningportal.gov.uk/planning/applications
Or visit the Planning Portal Help Centre at:
www.planningportal.gov.uk/general/contact/helpcentre
Town and Country Planning (General Permitted Development) Order 1995 (as
amended) Schedule 2, part 1 (Class A.1(ea))
005 : Application for outline planning permission with some matters reserved
Town and Country Planning Act 1990
006 : Application for outline planning permission with all matters reserved
Town and Country Planning Act 1990
008 : Application for planning permission and listed building consent for
alterations, extension or demolition of a listed building
Town and Country Planning Act 1990
Planning (Listed Buildings and Conservation Areas Act) 1990
Town and Country Planning Act 1990: Section 191 as amended by section 10
of the Planning and Compensation Act 1991.
Town and Country Planning (Development Management Procedure) Order
2010
031 : Application for tree works: Works to Trees Subject to a Tree Preservation
Order (TPO) and/or Notification of Proposed Works to Trees in Conservation
Areas (CA)
Town and Country Planning Act 1990
You can download Certificate B and Article 6 Notices from the links at the bottom of
this page. Note that there is a separate Article 6 Notice for 'Householder'
development.
If you do not know the name and address of all the owners of the application site:
You will need to complete either Certificate C or D, and publicise the application in
the Leicester Mercury. Copies of these Certificates in PDF format can be
downloaded from the links at the bottom of this page. You can contact Planning for
advice on these procedures.
If you are making an on-line planning application via the Planning Portal, the
Portal provides a link to purchase Ordnance Survey map extracts for the application:
go to page www.planningportal.gov.uk/buyaplan for further details. This page also
contains useful guidance on what plans you need to submit.
In Leicester, you can buy customised sets of Ordnance Survey maps for planning
and building applications from the Official Ordnance Survey Maps Agent.
Some Leicestershire County Council libraries (but not City Libraries at present)
provide an Ordnance Survey Mapping service for planning applications. Go to the
County Council's web site:www.leics.gov.uk/os_mapping_service for details.
Copyright
Applicants and agents must use a valid licensed plan to submit with Planning or
Building Regulations applications.
Copying Ordnance Survey maps (which includes faxing, tracing and freehand
copying) without a valid licence breaches OS copyright and could lead to
proceedings being taken by Ordnance Survey against such breaches. Maps
submitted with planning applications should be from recognised, approved sources
that clearly show where the copy was obtained.
Note that downloading maps from the following sources for submitting with
applications will be in breach of Ordnance Survey copyright:
Where an applicant claims a scheme cannot support the required works and/or other
contributions, developers are required to submit a Development Appraisal. This will
enable the council to assess and comment on the viability of the development
proposal. Guidance on the preparation of development appraisals is available by
clicking on the link below.
Standard templates for both Agreements and Unilateral Undertakings are available
to assist in this process. Please contact planning@leicester.gov.uk or phone 0116
454 1000 to receive a copy of these.
Please note that developers should be sure to submit all necessary documents to
enable the City Council to deal with your application
From April 2008, a statutory national fee was introduced for discharging
conditions. We will not be able to consider the discharge or compliance with
conditions unless this fee has been paid. The fee is per request, not per condition, so
you may want to submit for all of the conditions in one go. Details of current fees can
be found on our Planning Fees page.
A request for the Discharge of Conditions, or confirmation that conditions have been
discharged, can be made in any written form which is clear and legible. This includes
letter, email or an application form. You can use a form available from the
Planning Portal, or you can use the Planning Portal for online submission of the
application.
We will acknowledge your request and give you the name and contact details of the
officer who will be dealing with it.
Your application must include all the details needed to check whether a condition
can be discharged or is complied with. These could be details of materials,
specifications, plans or a written statement detailing what has, or will be done to
comply with the condition.
If the matter is straightforward, you have supplied all the details we need and your
proposals are acceptable we should be able to give you a response in about three
weeks. If we need to consult other people, it may take 8-12 weeks (of receipt of the
fee and necessary details) to respond.
If the details are insufficient or unacceptable, we will inform you within twelve weeks
that the condition(s) cannot be discharged. You would then have to resubmit new
proposals for compliance with a further fee.
If we cannot confirm that the condition is (or is not) complied with within twelve
weeks of receipt of necessary details and the fee, we will refund your fee.
A. Check your Planning Permission carefully to ensure that there are no errors in it.
If there are errors, contact the Planning Management & Delivery Group immediately
quoting the reference number and setting out clearly what you think is wrong.
Identify which conditions require you to submit further details or information, and
when these have to be complied with. Some conditions must be complied with
before a development is started, some regulate how the work is undertaken, others
require actions before the development is occupied or a use commences, whilst
certain conditions will seek to regulate how the completed development is to be used
or control possible changes in the future. Consult with your advisors how best to
comply with those conditions.
A. If you are unhappy about any of the conditions imposed you can challenge them
but you must appeal within 6 months of the date of the decision. You may contact
the case officer to discuss the conditions, in terms of the requirement of the
condition/s if not clear and to seek advice if there is possibility of relaxation to that
condition before you choose to appeal.
However, you are advised that any commencement during the appeal process
without discharging the relevant condition(s) may invalidate the permission. Please
see the notes attached to the decision notice, which give details on how to appeal
conditions.
A. All of them.
The first condition will usually limit the length of time that the permission is valid; if
work is not started within this time the permission will lapse.
Before starting work on site you must comply with all conditions that specify 'prior to
commencement details are to be submitted...' or are similarly worded. These are
known as "pre-conditions".
You should ensure that the information submitted is comprehensive and meets the
requirements of the condition. You should complete the form fully and submit it with
the appropriate fee to Leicester City Council. For further details please the Planning
Portal provides a Help file.
A. The City Council will reject submissions for condition compliance where the
details are inadequate. Therefore you should read the condition and reason carefully
and in full prior to the submission. If you are unclear about what is required or if the
details would be likely to be acceptable, please seek advice from your Agent or
contact the case officer that dealt with your application for an informal opinion.
If you commence the development, without having received any written approval,
you do so at your own risk and it could result in enforcement action.
A. You should not leave the discharge of conditions until the last moment. You
should allow adequate time for the Council to respond to your request to discharge
conditions, as the Council may need to seek specialist advice.
A. Discharge of condition does not grant consent to vary the original approved
drawings. It is more likely you would need to submit a formal planning application for
the revised scheme. You may contact the case officer and submit revised drawing/s
for an informal opinion.
A. The Council can only offer general advice and cannot be regarded as a free
consultancy service funded at public expense. You are urged to seek advice from
your agent or other specialist where appropriate.
Q. I have already submitted the details to the relevant body (e.g. Environment
Agency, Highway Authority) do I still need to submit the application to
planners?
A. Because the conditions require the details to be agreed with the City Council as
local planning authority, conditions can only be discharged by City Council (Planning
Management & Delivery Group).
You may have to submit details relating to the construction of development to other
bodies such as the Building Control Service, Highway Authority, Environment
Agency, Severn Trent Water and these details may be the same or similar to details
required to comply with a planning condition, for example drainage details. You will
still need to submit such details to the Planning Management & Delivery Group in
addition to the other bodies. The condition is not considered discharged until you
receive notification from us.
A. No fee will be payable where an application for discharge of condition/s relates to:
Q. If I have more than one condition to discharge, will I have to pay a fee for
each condition?
A. No, a fee is charged for each request. Therefore if you apply for discharge of all
your conditions at once, you will only be charged one fee. However, if you send in
details for each condition separately, these will be counted as separate requests
and you will have to pay further fees.
A. The charges apply to all requests for approval of details to discharge conditions
attached to planning permissions and requests for confirmation that conditions have
been complied with, regardless of when permission was granted.
A. The Council will write to you to advise you that a fee is required. If it is not
received, no response will be provided.
Q. Will I be charged again for discharge of a part of the condition where details
were not submitted before?
A. Yes, because the fee is charged for each request, you are advised to submit all
details at the same time to save time and fee.
A. Charging for handling written requests has been made mandatory by the
Government and will achieve the following customer benefits:
Written response that can be used in Home Information Packs (HIPs) or to satisfy
purchasers solicitors.
Enable us to keep a record of approved details so that if we receive any queries from
your neighbours when you start work we can advise them what is happening and
help to avoid neighbour disputes.
Planning
2nd Floor Halford Wing
City Hall
115 Charles Street
Leicester
LE1 1FZ
Details of how to appeal, including the time within which you can lodge your appeal,
are given in the Notes on the planning decision notice, or in the acknowledgement
letter. Also see our page: How to lodge an appeal.
Before making an appeal
The Applicant should think of an appeal as a last resort. Consider talking things over
with the planning officer to overcome any problems. Contact our Planning service for
details. We advise that you talk to a reputable agent about the likely costs and your
chances of success before you appeal.
How to lodge an appeal
The Notes issued with the Decision Notice, and the Acknowledgement Letter to the
application, give details on how to obtain appeal forms from the Planning
Inspectorate. The Inspectorate now encourage most types of appeal to be submitted
on-line. Details are on the Planning Portal web site.
The Planning Inspectorate can also send you paper forms if you contact them. Their
address is:
The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Telephone: (0117) 372 6372
You can withdraw your appeal at any stage by writing to the Inspectorate before it
sends out the decision, but you could still be made to pay the costs of other people
involved in the appeal.
Householder Appeals
Most Householder appeals (that is, those concerned with alterations and
extensions to dwellinghouses) will now follow the Planning
Inspectorate's Householder Appeal Process. The scheme allows you as Applicant
to submit an appeal to the Planning Inspectorate electronically, with simpler
documentation. The Inspectorate will deal with the appeal electronically so they can
make a decision more quickly.
A detailed guide to the Householder Appeals procedure, and a link to the on-line
Appeal Form, can be found on the Planning Portal web site.
For more information or guidance, please contact planning@leicester.gov.uk or
phone 0116 454 1000
Appeals Information
All planning and enforcement appeals in Leicester are included in our on-line
Planning Database.
Appeals database : Search our comprehensive database for details of appeals
against planning decisions in Leicester. The database also contains details of
planning applications and enforcement cases.
You can search for planning appeals nationally from the Planning Portal web site.