Guidance notes for applicants

Other necessary consents

Any permission, only conveys approval for the proposed development under the Town and Country Planning Act and you must comply with all the other bye-laws, regulations and statutory provisions in force in the District and secure other approvals and permissions as may be necessary under other parts of the Town and Country Planning Act or other legislation.

In particular you are reminded of the following matters:

  • This is NOT an approval under the Building Regulations although the Building Regulations may be applicable to this proposal. Please:
  • Public footpaths and bridleways should not be blocked or obstructed by building works. If the proposal involves the stopping or diversion of a public footpath an appropriate Order needs to be obtained.
  • The need to make any appropriate arrangements under the Highways Act in respect of any works within the limits of a public highway. The address of the Highway Authority is Oxfordshire County Council, Environment and Economy, Ron Groves House, 23 Oxford Road, Kidlington, Oxfordshire OX5 2BP.
  • The District Council doesn't administer The Party Wall etc Act 1996 it lays down procedures to enable neighbours to avoid disputes. If the proposed development involves work to an existing wall or structure shared with another property, building a free standing wall or a wall of a building up to or astride the boundary with a neighbours property, or involves excavation works near a neighbours property it is your duty under the Act to inform all adjoining owners, in writing, of what you plan to do.
  • The grant of planning permission does not override the personal property rights of adjoining land owners or others who have an interest in the land.
  • If this planning permission involves a creation of a new dwelling that requires a postal address, this address must be approved by the Street naming and numbering department prior to completion. For more information, advice and charges, please:

In addition please note that before work is undertaken involving:

  • buildings to which the public are admitted;*
  • premises subject to the Offices, Shops and Railway Premises Act 1963 and the Health and Safety at Work etc Act 1974;*
  • factories, as defined by Section 175 of the Factories Act 1961, premises subject to the Food Safety Act 1990;*
  • premises used as a school, college, university or hall of a university or institutions.

 The applicant should refer to the:

  • Chronically Sick and Disabled Persons Act 1970*
  • Chronically Sick and Disabled Persons (Amendment) Act 1976*
  • Part M of the Building Regulations approved document 1999 with amendments
  • Code of Practice for Access of the Disabled to Buildings BS 5810 1979
  • Code of Practice for Means of Escape for Disabled People BS5588 Part 8 1999
  • Design Note 18 “Access for Disabled People to Educational Buildings” Second Edition 1984 (Department of Education Science, Architects and Building Group) (Centre for Accessible Environments)
  • Access in the High Street (Centre for Accessible Environments)
  • Access for Disabled People – Guidance notes for developers (Centre for Accessible Environments), as appropriate

For further information about the acts and information marked with a * above please:

For Listed Buildings

The need to obtain, from the Local Planning Authority, a separate Listed Building Consent for the demolition, alteration or extension of any building listed as being of architectural or historic interest. For more information and advice please:

Appeals to the Secretary of State

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State.

If this decision relates to planning permission for a householder application or for a minor commercial application an appeal must be submitted within 12 weeks of the date of this notice.

In all other circumstances, if you wish to appeal against your local planning authority’s decision on your application the appeal must be submitted within SIX months of the date of this notice.

Appeals must be made using a form which you can:

  • download online from the Planning portal or
  • request from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.  

If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice and you want to appeal against your Local Planning Authority’s decision on your application, then you must do so within 28 days of the date of this notice.

If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your Local Planning Authority’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder appeal] of the date of this notice, whichever period expires earlier.

With a decision to refuse express consent for the display of an advertisement, if you want to appeal against your Local Planning Authority’s decision, then you must do so within 8 weeks of the date of receipt of the notice.

Purchase notes

If either the Local Planning Authority or the Secretary of State grants permission or approval for the development of land subject to conditions, the owner may claim that the land has become incapable of reasonable beneficial use in its existing state and cannot be rendered capable of reasonable beneficial use by the carrying out of any development which has been or would be permitted, the owner may serve a Purchase Notice on the District Council.  This notice will require the Council to purchase the land in accordance with the provisions of the Town and Country Planning Act.

Compensation

In certain circumstances compensation may be claimed from the Local Planning Authority if permission is granted subject to conditions by the Secretary of State on appeal or on reference of the application to him.  These circumstances are set out in the Town and Country Planning Act 1990, as amended by the Planning and Compensation Act 1991.

Land Compensation Appeals are dealt with by the Upper Tribunal [Lands Chamber] of the Ministry of Justice. Contact details are: The Registrar, The Upper Tribunal (Lands Chamber), 45 Bedford Square, London, WC1B 3DN

Planning conditions

If your Decision Notice includes conditions that require details to be submitted to us before the development starts, please be aware that the Local Planning Authority has up to 8 weeks to consider those details and to discharge them. Unless these are submitted in good time, there may be delays in the building programme. whilst they are considered and consulted upon.

The discharge of conditions attracts a fee (unless the conditions relate to a Listed Building Consent, whereby the fee does not apply), therefore if your Decision Notice includes conditions that require the approval of details in writing by the Local Planning Authority, then there will be a charge in respect of this service and unless this fee amount is included with your Discharge of Conditions application, then it will be invalid and will not be considered.

Under this process, if the Local Planning Authority has not formally responded in writing to your request to discharge condition(s) within a period of 8 weeks from the receipt of your completed application, the fee will be returned to you.

There is a form specifically designed to deal with your request which can be:

You should be aware that failure to comply with the Conditions placed on your decision notice may invalidate your permission or consent.

Extending planning permission - use it or lose it

Planning Minister announces the end of the ability to extend the life of a planning permission. If you've got planning permission which is about to expire, please:

Planning amendments

Should you wish to build or implement works which vary from the permission and plans which have been granted, you will need to apply to the Council to get these variations approved. Should this be the case, then there are forms specifically designed for this purpose - please:

Reserved matters

You are reminded that if the development is approved by way of an outline application and subsequent reserved matters application then the conditions on both approvals apply.

Certificates of lawful development

This certificate applies only to the extent of the use described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any use which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

Advertisements

  1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.
  2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.
  3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.
  4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.
  5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

West Oxfordshire District Council
Elmfield
New Yatt Road
Witney
OX28 1PB