09 February 2012In the course of dealing with an application, the Council may discuss and agree with the applicant alterations to the original proposal which will make it more acceptable. If the amendments are substantial, a fresh application may be required. For information on planning application forms and fees please follow the link.
Advert Control
Most outdoor advertising requires consent with only a few limited exceptions. The law regarding the placement of adverts is complex. However, the Council can grant consent for a period of five years and deemed consent for certain categories. Most illuminated adverts need consent. The Council can challenge any advertisement put up with deemed consent, requiring it to be removal if it is considered to have a negative affect on the area or public safety. The owner has a right of appeal to the Secretary of State. Sevenoaks District Council is not responsible for the content of adverts. If you would like to comment or complain about the content of an advert visit the Advertising Standards Agency website or contact them by e-mailing enquiries@asa.org.uk.
Certificates of Lawful Use or Development
An application can be made to establish whether an existing or proposed use or development is lawful. Either because it is not classified as development requiring planning permission or by virtue of the length of time which has passed, the development or use may now be immune from enforcement action. Often householders make applications for proposed Lawful Development Certificates for small extensions which do not need permission as they are classed as permitted development under the General Permitted Development Order 1995.
Conservation Area Consent
Conservation Areas are those which have been designated by the Council as 'areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance'. Conservation Area consent as well as planning permission is needed before the demolition of a building, wall, structure or outhouse in a Conservation Area. You may also need permission to extend a dwelling and undertake works to trees.
You are advised to contact the Council before undertaking any works to a building in a Conservation Area.
Detail applications (discharge of planning conditions)
If a permission is granted subject to conditions then it will be necessary to submit details to the Council for approval in order to discharge the condition. Failure to comply with a condition could result in the Council taking steps to secure compliance and may in certain circumstances affect the legality of any works carried out. This is especially important when a condition has been imposed requiring submission and approval of details prior to commencement of works on site, since failure to comply with such a condition can lead to the permission being void. In appropriate cases the Council will consider the expediency of serving a Temporary Stop Notice.
Extensions to the Time Limit for Implementing Planning Permissions
Most planning permissions are granted subject to a condition that the development commences before the expiry of three years from the date of permission. This new application allows an applicant to replace this with a new period to keep the grant of planning permission alive under a new application.
All such applications will need to be made on the new standard planning application form available to download from the Planning Portal. The applicant will not need to automatically provide new plans or supporting information, though the Council may ask for necessary information for consultation and determination purposes if the circumstances of the application have changed. For further information please see the attached guidance Greater flexibility for planning permissions (
PDF File 246KB file details)
Full planning application
These include all details of the proposed development including site and building plans and types of building materials to be used. Development must normally start within three years of the date of the permission, otherwise permission will lapse.
Listed Building Consent
These apply to any building which has been deemed as a Grade I, II* or II listed building by English Heritage. Consent needs to be obtained for all works to a listed building, both external and internal, that would affect a building's special interest. Consent is not normally required for repairs, but where repairs involve alterations which would affect the character of the listed building, consent is required.
Owners of listed buildings should be encouraged to seek expert advice on whether proposed works require listed building consent, and on the best way to carry out any such works to their property.
You are advised to contact the Council before undertaking any works to a Listed Building.
Minor material amendment
A minor material amendment is one whose scale and nature results in a development which is not substantially different from the one which has been approved.
Minor Material Amendments will exclude development within 'Non-Material' scope (see 'Non-material amendment following a grant of Planning Permission' below).
Minor Material Amendments shall be subject to an assessment of their significance in context. The ultimate discretion of what fulfils the above definition will be decided by Sevenoaks District Council's planning team.
To apply for a minor material amendment please see procedure for Variation of Condition. The fee for this would be £170.00.
For further information please see the attached guidance Greater flexibility for planning permissions ( PDF File 246KB file details)
Non-material amendment following a grant of Planning Permission
After the grant of planning permission anyone with an interest in the site can apply for a non-material change to that permission (a system previously referred to as a minor amendment).
All applications will need to be made on the new standard planning applications form available to download from the Planning Portal. The applicant will need to notify any other person who is an owner of the land to which the application relates when they make their application and the Council will determine their application within 28 days of receipt.
For further information please see the attached guidance Greater flexibility for planning permissions ( PDF File 246KB file details)
Outline planning applications
These contain less detail then the full planning applications and can reserve a number of details such as external appearance, layout, access and generally establish the principle of a specific development. Conditions are usually attached to set out guidelines for the final development of the site. Outline planning applications cannot be made for a change of use. The Council does not normally grant outline planning permission in conservation areas or where the setting of listed buildings is affected.
Reserved matters
The Council will require further details to be submitted for approval following the granting of outline planning permission. Reserved matters application must normally be submitted within three years of the date of the outline permission, otherwise it will lapse. In some cases, further details will be reserved by conditions imposed when granting full planning permission.
Variation or removal of condition
An application can be made to vary the terms of a condition attached to a planning consent or to apply to remove it. The Council will consider why the condition was originally attached and whether there have been any changes in circumstances which may allow that condition to be removed or varied to an alternative wording or restriction based on the information submitted.
If you require futher information please contact the Planning Team.
