Page 22 - Planning Application Guide (Template)

Planning Application Guide
This can save you both time and money. In order to make a listed building consent application you will require scaled drawings, showing exactly what you propose to do. These should be submitted together with completed application forms. The good news is that there is no fee payable to the Council. Should the application be refused, you have the right to appeal to the Secretary of State.
The legislation allows courts to impose substantial nes and even imprisonment where works are carried out without the relevant consent. This underlines the need to always consult the local authority before carrying out any work a ecting a listed building. Owners of listed buildings have a responsibility to keep the building wind and watertight, structurally sound and in a reasonable state of repair.
If an owner neglects the property, the Council has powers under section 48 of the Planning (Listed Buildings & Conservation Areas) Act 1990 to serve a ‘Repairs Notice’ specifying the extent of works required.
If the owner fails to comply within the time scale speci ed, the Council may take steps to compulsorily acquire the building to safeguard its future. In the case of an unoccupied or partly occupied listed building, the Council is also empowered under section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to serve an ‘Urgent Works Notice and may carry out works to make the building wind and weather proof and safe from collapse and seek to recover the costs from the owner.
Historic England’s Role
Historic England gives advice on ancient monuments, listed buildings and conservation areas in England. The Council must consult it about some types of planning, listed building and conservation area consent applications. Historic England has published details of standards of service for dealing with historic buildings and conservation matters. You can obtain a copy from Historic England, Fortress House, 23 Savile Row, London W1X 1AB.
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Tree Preservation Orders (TP0s) and Works to Trees in a Conservation Area.
Tree Preservation Orders
The Council has powers to protect trees by making TPOs and will send copies of these orders to the landowner concerned and explain the reason for making them. The landowner will have a chance to comment on any order. In most cases the Council must agree before you or anyone else can carry out any work to a protected tree. If the Council refuses your application, you can appeal to the Secretary of State within 28 days.
Applications to work on protected trees are dealt with under di erent regulations to Planning Permission, the principal di erence being that there is no charge for these applications. You will still need to ll in the requisite forms, and indicate by plan or diagram the positions of the trees you wish to work on. The Council will advertise your application, but there is no legal requirement for them to formally notify neighbours, and therefore this is done on a case by case basis. The Arboricultural O cer determining your application may well need to visit the site. Most applications will be decided within the 8 week target.
To carry out works to protected trees, you need to make an application to the Council.
If you are intending removing a protected tree, you are advised to seek advice from a quali ed arboriculturist as you will need a report from them to support your application.
Exemptions It is an o ence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without the Council’s permission.
There are exceptions include: