Advicesheet

Planning permission

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Advicesheet

Planning permission

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contents
This advice sheet provides a general outline of the procedures involved in obtaining planning permission as an introduction to dentists encountering a planning issue for the first time. It is not a substitute for the professional advice that will be required in individual cases. This must include contacting the local planning authority as soon as possible and seeking their guidance throughout the application. It is also advisable to use the services of a chartered town planner or planning consultant if difficulty is anticipated in securing planning permission.
Need for planning permission Type of planning application Benefit of planning permission Procedure Appeals Other considerations Further information

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Planning permission is usually required if the development of land is proposed. Development is defined by the Town and Country Planning Act 1990 as the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. The obvious examples are proposals to put up, enlarge or materially change the external appearance of buildings. It also includes a change of use. The use of land and buildings for planning purposes is governed by the Use Classes Order 1987, designating the acceptable uses of individual properties. This sets out sixteen classes of land use, for example: Class A1 Class A2 Class A3 Class B1 Class B8 Class C2 Class C3 Class D1 shops financial and professional services food and drink business purposes, including use of an office (other than finanical or professional) storage or distribution provision of residential accomodation and care to people in need of care dwelling houses any use not including a residential use, such as the provision of medical or health services. This includes dental practices.

Need for planning permission

A change of use between classes generally requires full planning permission; a change of use within a class, for example medical surgery to dental surgery, is not counted as being development and so should not require permission. So converting a retail shop (A1) to a dental practice (D1) would constitute a change between classes necessitating full planning permission. Each local authority has a Development Plan setting out the desirable uses for all areas within that district. There will also be more general policies relating to such matters as traffic, access to daylight and density of development. It might also be the policy of the local planning authority to encourage a particular kind of use in a certain vicinity. Planning permission should be granted if the proposal complies with the local development plan. For example, if you are planning to open your practice in an area that has been designated for the provision of professional services, there will be a presumption in favour of granting permission. If, however, your proposal does not comply with the local plan, it may be rejected. The most recent changes to planning legislation contain a presumption against development that is not in line with the development plan. Where, for instance, the local plan has a policy, for instance on no loss of residential accommodation, you will encounter great difficulty in getting permission to convert a house to a surgery. Nevertheless you can still be granted permission if you can show a material consideration why it should be granted. The law does not define material consideration and so any argument that you can use to demonstrate the reasonableness or desirability of your proposal could be considered, such as if there is a demonstrable need for dental services in that area. The local planning authority may also take into account the following criteria: character and amenity of the area proximity of adjacent properties and possible nuisance to neighbours production of clinical or hazardous waste proposed level of use external appearance and signage road safety, traffic congestion and car parking arrangements the need to retain land in agricultural or residential use or reserve it for other purposes such as agriculture or road improvements.
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Development plan

These considerations should be fully investigated with the local planning authority before the application is completed. If you contact the council's planning department the professional planning officers will usually be willing to discuss your plans with you and the issues that it raises. Any of the above issues could be a concern to the planning authority even though you may have an answer for them. For instance, you will have a robust system for the safe storage and collection of clinical waste, but you may need to explain this to the planning authority. When contacting them, make sure you ask about the local development plan since it is the fundamental planning framework for your area. However, the planning officers will not be able to give you an indication on whether your planning application will succeed or not.
Failure to obtain planning permission

If the need for planning permission is ignored, or not appreciated, then at best the council may ask for retrospective planning permission to be sought and then give that permission. But it is possible that the authority may decide that the development is unacceptable, and issue an Enforcement Notice indicating the steps that must be taken to remedy the breach of planning control. In this situation the dentist may be asked to cease activities or could even be compelled to demolish a new building. It is possible to appeal to the Secretary of State for the Environment against an enforcement notice and the notice is held in abeyance until the appeal is decided. In some cases a Stop Notice is served. Non-compliance with an enforcement notice is a criminal offence, enabling the council to prosecute in the Magistrates Court.

Type of planning application

Outline planning permission

There are two types of planning permission - outline and full. Ultimately, in order to go ahead, all developments need full permission. Outline planning permission is obtained to establish the principle of allowing a particular kind of development on a site. Basically it is a first step in the planning application process and is more relevant where new construction is planned to get approval for the plan before detailed drawings are required. In conservation areas and other sensitive cases, the local planning authority may require the submission of details. The next step after outline planning permission provides an opportunity for approval of detailed plans. These must comply with any conditions imposed at the first stage (reserved matters). Full planning permission covers the details of the proposed building, design and use of the site. Hence it is also known as 'detailed planning permission'. It is necessary to obtain this in all cases and it is the type of permission for which you should apply if you are only proposing a change of use.

Application for approval of reserved matters

Full planning permission

Benefit of planning permission

Planning permission is granted for the benefit of the building or land concerned and is not ordinarily personal to the applicant. In other words the permission can be taken advantage of by whoever owns the property, even if the owner was not the original applicant. Property with planning permission can be sold to another who can then develop it in accordance with the permission. Similarly you do not need to be the owner of the property in order to apply for planning permission. Therefore if you are considering the purchase of premises for conversion to a practice, you can apply for permission before the sale is completed, as long as you inform its current owner or tenant that you are making the application. The permission is subject to time limits. Where ordinary planning permission is granted, development must begin within five years. Application for approval of the reserved matters must be made within three years of the grant of outline planning permission, and development itself must begin within five years of the grant of the outline

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permission, or within two years of approval of the reserved matters, whichever is the later. The local planning authority may substitute shorter timescales in some cases. If planning permission has lapsed, you must apply for it to be renewed, which should be straightforward unless circumstances in the area have changed.

First you need to know if planning permission is required at all. A check can be made with the planning department and, if time allows, it is preferable to seek such advice in writing. The informal opinion of the planning officer does not bind the authority, however. Formal confirmation that planning permission is not required can be applied for, though this might take just as long as an application for planning permission itself. It is also important to obtain the planning department's guidance notes for preparing an application. Before making the application, as much investigation as possible should be undertaken to improve the chances of the case being accepted by the planning committee. If the application is likely to be complex, seek a meeting with the planning department to discuss the proposals in detail, presenting any information such as plans that have already been prepared. It may also enable the planning officer to identify any potential problems with the application, and how the proposals might be modified to make them more acceptable. This can include guidance on matters that need a great deal of supporting evidence and, where extra evidence is required, to anticipate objections by the planning committee. For example, the planning officer may point out that the council has a policy objection relevant to the application, such as the proposed site being in an area reserved for a particular kind of retail use. If so, a case must be set out as to why an exception should be made: it might be agreed that there is a shortage of dentists in the vicinity, or if the proposed site is on or near the high street, that the new practice will bring trade to the neighbouring shops. Remember that policy objections, whether national or local, though paramount are not overriding and there can be other considerations which justify an exception. Policy objections can also be vulnerable on an appeal to the Secretary of State if they are used as the basis for refusing an application. In general terms the extent of the investigation and information required depends on the proposals. If these are straightforward, it should suffice to consider the main issues that govern the granting of planning permission. If any of these are likely to pose a problem, the applicant should anticipate any possible objections and set out reasons why permission should be granted. If a planning application is particularly complex, or has generated controversy, it may be worth briefing a local councillor on the proposals. Even if the councillor concerned does not serve on the planning committee, they can put points to those who are. If you do not know your local councillor you can find their name by contacting the town hall or your local library or find out if councillors organise regular problem surgeries to which you can go along. You may also be able to get backing from the local Primary Care Trust or Health Board - contact the Dental Adviser. At any stage of the planning application process, it is often advisable to seek the help of a chartered town planner or planning consultant. A consultant will have knowledge of local planning policies and issues and the approach taken by the council towards applications. A list of local consultants can be supplied by the: Royal Town Planning Institute 41 Botolph Lane London - EC3R 8DL Telephone: 020 7929 9494 - Website: www.rtpi.org.uk

Procedure
Preliminary discussions

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Making the application

An application should be made to the local city, borough or district council on its standard form, and accompanied by a plan and the appropriate fee. The form should be self-explanatory. As well as the site details, it will ask you about access, trees affected, commercial floor space, number of employees, parking, hazardous substances to be used or stored and, for dwellings, the number of bedrooms, beds and habitable rooms. The plan should show the location of the site, the land ownership and details of the development; if building work is envisaged it is important to show how it will look. The fees vary depending on type of application and what you intend to do, but the scale is set nationally by the Secretary of State and so is the same across the country. The fee is not refundable even if the application is refused. The application must also be accompanied by a certificate, which states that the applicant is the sole owner or that the owners of the property have been notified. Processing the application will involve the following stages: the planning office will check that the paperwork is in order if necessary, advertisements will be placed in local newspapers or notices posted in appropriate places public bodies, supply services and anyone who might be affected by the application, such as neighbours, will be consulted. Any objections made during consultations will be reported the application will be considered in view of the development plan and other policies laid down by the local planning authority a planning officer will visit the site to verify the information given in the application and the plan and to ascertain how the development might affect the surrounding area a planning officer may liaise with the applicant if more information is required the planning officer will make a recommendation for the planning committee, made up of local councillors, to consider (see The decision, below). If planning permission is required, the process can be lengthy. There is a statutory eight week time limit for reaching a decision on applications. The eight weeks start from confirmation by the planning authority that the application has been received and that the paperwork is in order. It is not unusual for consideration to take longer than eight weeks where further information is required or if there is considerable local concern. The time limit can be extended if the applicant agrees or if an Environmental Assessment is needed (something that would only usually occur with major developments). If you do not receive a decision within the timescale you can use the appeal procedure (see below) on the basis that failure to make a decision is "deemed refusal". In practice, you may prefer to let the council take its time to reach its conclusion on your application before invoking the appeals procedure. You can improve your chances of a more prompt decision by getting information from the planning authority on the cycle of planning committee meetings - if you time your application well ahead of the next meeting you can have a better chance that it is dealt with promptly.

Consideration of the application

The decision

The council's planning officers have a professional responsibility to assess the application and all other relevant information and make a recommendation on whether or not to grant permission. The officers can recommend: straightforward approval of the application approval with conditions. Conditions must be reasonable and necessary and must relate to planning policies. Nevertheless, conditions can be a useful way to overcome particular objections to the application refusal. The reasons for refusal must be given. The decision may be made by the full planning committee, but, in many cases, the decisions on simpler applications, such as a house extension, is delegated to the planning officers. Only applications relating to major developments or which raise serious issues or controversy will be decided by the local councillors. Once the decision has been taken, the planning authority should issue a formal Planning Notice, usually within two days.

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Where an application has been refused the best course of action is to discuss the reasons with the planning authority. It may be that you can overcome the problems and submit a revised planning application. Usually if you do this within one year, you do not need to pay an additional application fee. Alternatively, there is an official appeal process to the Secretary of State. You can make an appeal if: planning permission is refused conditions are imposed which the applicant cannot or does not wish to accept the planning authority has failed to reach a decision within eight weeks of receiving the formal application. Though you should see this as a last resort as there is a high rate of rejection. Appeals must be lodged within six months of the authority's decision, or six months from the date by which the decision should have been made. There is no fee for making an appeal, though again it might be advisable to use the services of a planning consultant. The development control staff of the planning authority can give advice on making an appeal. An appeal can only be based on a planning matter. For example, it is not possible to appeal to the Secretary of State on the basis that the council has mishandled the application. (In cases of maladministration a complaint should be made to the Local Government Ombudsman, 21 Queen Anne's Gate, London, SW1H 9BH. This will not however change the planning decision.) The majority of appeals are dealt with on the basis of written representations. The applicant completes a statement setting out the reasons for the appeal and a statement is also made by the planning authority. Both sides are able to see and comment on each other's statements. This and any supplementary information will be given to the planning inspector, who will undertake a site visit before making a final decision. The other type of appeal is a public inquiry. An applicant might opt for this as a preferable means of making particular points and cross-examining the local authority. It is particularly advisable here to seek professional help, both in the compilation and presentation of the case. In some cases, the Planning Inspectorate will suggest a less formal hearing rather than an inquiry. The decision on an appeal can take a long time, with four months considered reasonable for considering an appeal based on written representations. The decision after an appeal inquiry may take as long as six months. Figures show that in the majority of cases the Secretary of State will support the decision of the local planning authority.

Appeals

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Other considerations

Any work that only affects the interior of a building does not require planning permission, but the authority should still be contacted to ascertain if building regulations apply. If land or buildings are purchased for the purpose of constructing or converting to a dental practice, the purchaser's solicitor should ensure that there are no restrictive covenants in the title documents that preclude such development. This is not however a matter for the planning authority. The planning authority can advise if listed building consent is required. Listed buildings are those on a list maintained by the Secretary of State for the Environment. It includes most buildings built before 1840 and more recent buildings that have been specifically selected. Tighter controls on planning will also apply in National Parks, conservation areas and areas of outstanding beauty. In these cases permission will be required where significant work to the listed building or demolition is proposed. This can include work to the interior as well as the exterior of the building. Carrying out work without permission can entail severe penalties, including imprisonment. The erection of signs outside practices is subject to the Advertisement Control system, which again is administered by the local planning authority. For many purposes (such as the provision of a brass plate outside the practice), a specific application for advertisement consent will not be required, but if you are considering erecting a sign or if your practice is in a shop front, then it is prudent to check if permission is required from the local planning authority. The local fire protection officer can advise if a fire certificate is required. Further information For further information please contact BDA Professional Services.

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British Dental Association Wimpole Street l London W1G 8YS l Tel: 020 7563 4563 l Fax: 020 7487 5232 l E-mail: enquiries@bda.org l www.bda.org l BDA September 2008