PlanScope Blog – Page 183
Practical guides to UK planning applications: which reports your council expects, permitted development, constraints, costs and how to prepare each document.
Articles – page 183
9314 articlesSection 96A refusals and the absence of an appeal
Section 96A confers a discretionary power, not a right, so a refusal carries no appeal. This sets out the alternatives, the cumulative materiality test and the drop-in risk after Hillside.
Modern methods of construction in a planning submission
Offsite construction changes what an officer sees: joint lines, applied brickwork, repeated plot widths and wide load deliveries. This sets out how to evidence each and which conditions to renegotiate.
Air source heat pump noise in a domestic garden
A garden heat pump avoids a planning application only if the calculated sound level at the nearest neighbouring habitable window stays within the limit. Here is how siting decides that, and what the options are when it does not.
Management plans for retained trees: what to include
Conditions requiring a management plan for retained trees ask for a thirty year regime with named responsibilities and a funding route. This sets out the structure that discharges first time.
Daylight through an enclosed balcony or conservatory
An enclosed balcony or winter garden adds a second glazed layer, compounding transmittance losses and confusing the reference plane. Here is how to model it and what to report.
Discharging surface water to a public sewer: the consent route
Connecting surface water to a public sewer runs on a separate track from planning permission. This covers the section 106 right to connect, the evidence an undertaker wants and how the discharge rate is negotiated.
Playing fields, Sport England and statutory consultation
The consultation duty catches land last used as a playing field within five years, and an objection normally means referral to the Secretary of State. Here is how to evidence each policy exception.
Cash and carry to trade counter: the retail tests
A cash and carry restricted to account holders is not Class E retail, but a counter open to the public is. This sets out where the line falls, the sequential and impact tests that follow, and the conditions to expect.
There is no appeal against an Article 4 direction
An Article 4 direction cannot be appealed to the Planning Inspectorate. This explains the representation window, why a 12 month lead-in removes compensation, and why applying for permission is usually the better route.
Rooftop heat pump plant: visual and acoustic limits
Rooftop heat pumps have to satisfy the acoustic case and the airflow case at once, on a roof already claimed by photovoltaics, greening and attenuation. Here is how to draw and evidence the resolution.
Lighting and bats: applying the ILP and BCT guidance
A lighting scheme on a site with bats is a licensing document as well as a design. This covers spectral output, optical control, curfews, dark corridors and what a reviewer should expect to see.
Highway trees and the council's separate powers
A street tree belongs to the highway authority and sits largely outside planning control. This explains the Highways Act powers, why a Tree Preservation Order rarely helps, and how to report a problem effectively.
Reflectance assumptions and how they move a daylight result
Vertical sky component is geometric, but interior illuminance predictions depend on assumed surface reflectances. This sets out the conventional values, the sensitivity of the result and how a reviewer tests an optimistic model.
How attenuation storage volume is actually derived
Attenuation volume is inflow minus permitted outflow at the worst storm duration. This explains critical duration, urban creep, long term storage and half drain time, and how to present the calculation for review.
Nitrate Vulnerable Zones and farm building applications
The Nitrate Pollution Prevention Regulations 2015 set the storage volume a holding needs, which in turn sets the size of the building. Here is how that calculation feeds a planning application, and where agricultural permitted development stops.
Cold stores and refrigeration plant noise in planning
Condensers run when the background sound level is lowest. This explains how BS 4142 assessment works for refrigeration plant, what mitigation survives scrutiny and what the commissioning condition will ask of you.
Appealing a refusal based on heritage harm
Heritage appeals turn on the balancing exercise, not on denying harm. This sets out how to assess significance, categorise harm honestly and evidence public benefits an inspector can test.
Building control charges alongside the planning fee
Planning fees and building control charges come from different legislation and are paid at different points. Here is what each one buys for a householder extension, and how to put both into one budget.
Assessing daylight to a non-residential neighbour
BRE guidance extends to non-domestic buildings where occupants expect daylight. Scoping that judgement properly saves modelling nobody will read.
Residual risk after a defence: breach and overtopping
Published flood zones ignore defences, so a defended site still needs the residual risk case. Breach and overtopping produce very different results.
Dark sky areas and the lighting constraints that follow
Dark sky status is not a statutory designation, but the local plan policies behind it turn lighting into a document rather than an electrical detail.
Barn wedding venues: temporary use and permanent change
A season of Saturdays exceeds the 28 day temporary use right. What gets conditioned is event numbers, music finish times, departures and parking.
Overturning a highway objection at appeal
National policy asks whether the impact is unacceptable or severe. Recorded speeds, a topographic survey and collision data are what answer that question.
Designing drainage around retained trees
Keep excavation out of the root protection area, cross it by bore, put storage outside it, and build any surfacing up from existing ground rather than down into it.
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