When is planning permission needed?
Types of planning application
Advice before you make an application
Submitting your planning application
Other consents
Publicity and consultations
The decision making process
Public participation at planning meetings
Notifying you of the decision
Appeals against decisions
Planning application fees
Application forms
When is planning permission needed?
Planning permission is required for most forms of development. "Development" is defined in Section 55 of the Town and Country Planning Act 1990 as follows:-
"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."
Certain works, e.g. internal alterations, and those which do not materially change the external appearance of a building have, are excluded from the meaning of "development". Other works of a minor nature and some material changes of use can be carried out as "permitted development" by virtue of the Town and country Planning (General Permitted Development) Order 1995. This provision most commonly applies to extensions to dwellings and industrial buildings. There are currently thirty three classes of "permitted development". Some kinds of "permitted development" need prior notification to the Council before the works can be carried out, e.g. agricultural buildings and telecommunication equipment.
Applications affecting Listed Buildings and Conservation Areas and for the display of advertisements are dealt with under separate legislation and regulations and will be considered later.
If you are in any doubt as to whether planning permission is required, it is always advisable to contact the Development control team for your particular area.
Types of planning applications
There are three principle kinds of planning applications - full, outline and reserved matters.
A full application describes both the uses proposed and the manner in which the development is to be carried out, i.e. materials, design, access and layout details. Full permissions normally last for five years. All applications for a change of use, by definition, are full applications.
An outline application is used to establish the general principle of a particular kind of development on a site. Outline permission normally lasts for three years but cannot be acted upon until full details have been approved under a subsequent "reserved matters" application. When an outline application is made the applicant can choose whether to seek approval of any of five "reserved matters" or whether to leave them all for subsequent approval. The five "reserved matters" are:-
1. means of access (vehicular and pedestrian);
2. details of siting (layout);
3. details of design (elevations and floor plans);
4. details of external appearance (materials);
5. landscaping (planting, fencing, hard surfacing, etc.)
It is not unusual for applicants to require approval of access and siting, and sometimes it is beneficial for illustrative drawings to be prepared (this is essential for proposals affecting Conservation Areas).
If the Council decides within the first 28 days of considering an outline application, that some or all of the details are required at that stage - perhaps on a particularly sensitive site - the Authority can hold the application in abeyance until such details are submitted. This is our policy in Conservation Areas.
A reserved matters application is a submission for approval of details following an outline approval, and cannot be treated in the same way as an application for planning permission. In other words, it is not open for the Local Planning Authority to consider matters, in principle, that should have been considered earlier, and any conditions may only be appropriate to the matters "reserved" for later approval.
For imformation on the different types of Planning Consent please use this link: Information on the different types of Planning Consent.
Advice before you make an application
The District Council welcomes and encourages discussions before you submit your planning application. Through prior discussions, we will be able to identify issues which you may need to take into account prior to submission which may save you not only time but also money. Planning Officers are available to provide general advice at the Town Hall, Matlock between 9.00 am - 1.30 pm Monday to Fridays. Should you wish to discuss specific proposals in detail, you are advised to contact one of the Planning Officers for your area to arrange an mutually convenient appointment.
For the more detailed and complex applications, developers and agents would be advised to make a prior appointment with a Planning Officer who is familiar with the area to which the application relates and who is likely to deal with any future application in order to ensure that such discussions are of maximum value. Simple enquiries can often be dealt with by telephone, and confidentiality will always be respected. A list of planning services contacts is provided elsewhere on this website.
The advice provided by Planning Officers will always be objective but will be provided on a without prejudice to the formal consideration of an application by the Council. We will provide information relating to site history, planning policies, previous decisions and where appropriate development standards. We will also advise of the likely timescale for dealing with an application and the procedures involved.
Advice notes on how to make a planning application are available, together with copies of the Council’s planning policies and other relevant documents. Copies of previous planning decisions are also available for inspection at the Town Hall, Matlock.
It is important that you provide accurate drawings to support your application with sufficient detail to a recognisable scale. All drawings should be scaled in metric and not imperial measurements. It may also be of assistance to make any affected parties aware of the fact that you intend to submit a planning application.
East Midlands Planning Aid Service provides free, independent and professional town planning advice and support for local communities and individuals. For more information please use this link: East Midlands Planning Aid Service.
Submitting your planning application
Derbyshire Dales District Council now accepts online planning applications via the Planning Portal making it easier and more convenient to make your planning application. For more information visit our webpage on Making an Application.
The District Council has produced a comprehensive guidance note on how to submit a planning application. For an application to be registered it must be made on a form supplied by the Authority. Application forms and guidance notes are available from this site or alternatively by contacting the District Council. For an application to be valid, you must provide the following information :-
1. an adequate site location plan;
2. a valid certificate of ownership;
3. the prescribed planning fee (if one is required);
4. any plans, drawings or information necessary to describe the proposal (must be in metric - not imperial)
If you appoint an agent to act on your behalf, all correspondence will be sent to your agent who will also be contacted if information or amendments are needed. Planning Officers will liaise with your agent and It will be the responsibility of your agent to keep you informed of progress on your application. The decision will also be sent to your agent.
We will let either you or your agent know, within 7 working days of receipt of your application, if any further information is required to make your application valid. If this information is not received within 6 months, your application will be treated as withdrawn.
We will register and acknowledge valid applications within 7 working days. A letter of acknowledgement will be forwarded to either yourself or your agent, providing the name and contact details of the case officer dealing with the application.
Types of Planning Consent
Planning Permission
Use the Planning Permission Form when applying for 'outline' permission; new build permission; extensions; changes of use; renewal of permission; variation of condition on previous permissions and reserved matters applications.
To submit an application online please use the Planning Potal or to download the application form and guidance notes please use this link: Planning Permission Application Form.
Listed Building Consent
Certain buildings have been identified by the Department of Culture, Media and Sport as having special architectural or historic interest. They are set out in lists, on a Parish by Parish basis, giving information on the main features of architectural and historic interest. The buildings on these lists are referred to as "listed buildings". These buildings are graded according to their architectural and historic importance, from Grade I as the most significant, to Grade II* and Grade II.
The fact that a building is listed does not necessarily mean that it must be preserved 'in aspic' forever. It does mean that changes should be sensitively managed and the case for its preservation considered separately from the merits of any development proposals. Having to apply to make even small changes does not mean that no changes are allowed. The Council wants to establish that the work is appropriate and record the alterations. If you wish to demolish, alter or extend a listed building in a way that is considered by the Council to affect its 'special character or appearance' then listed building consent must be obtained from the local authority and the application form can be. A justification for the works will be needed as to the effect of the proposals on the special character and appearance of the building. This consent will be in addition to any planning permission or building regulation approval that may be needed. It is preferable for both the applicant and the planning authority if related applications for planning permission and listed building consent are considered concurrently. It could be the case where planning permission is acceptable and listed building consent is not, or vice versa.
It is a criminal offence to undertake works which would affect the special interest of a listed building without first obtaining consent from the Council. Punishment for failing to obtain consent can be heavy - imprisonment or a fine up to £20,000 for each offence.
Use the Listed Building Consent Forms for alterations to a listed building, including internal alterations, demolition or partial demolition. All applicants must fill in the Application Certificates. To submit an application online please use the Planning Portal or to download the applciation form and guidance notes please use this link: Listed Building Consent Application Form.
Conservation Area Consent
Thirty-two Conservation Areas have been designated by Derbyshire Dales District Council. These are "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance". This designation provides a basis for the protection of the special character of an area.
There are three issues of particular interest in Conservation Areas which generate formal applications and guide the work of the Planning Officers:-
1. Demolition of buildings - conservation area consent is required for the demolition of most buildings in a Conservation Area. This extends to walls and other features. Case Officers will look at whether the loss of the building - and any redevelopment proposals - would serve the interests of preserving or enhancing the character or appearance of the Conservation Area. If approval is given you will often see a condition which requires a contract for redevelopment to be in place before the demolition is undertaken - this is to prevent unsightly vacant gaps being opened up in Conservation Areas.
2. Trees in Conservation Areas are given special protection in recognition of their contribution to the special qualities of these areas. The Council must be given 6 weeks notice of the intention to undertake works to a tree. Within that period, the Council can consider whether to make a Tree Preservation Order.
3. In addition, "permitted development" is more restricted in Conservation Areas, in recognition of their special status. For example, extensions to dwellings, without the consent of the Council, are restricted to 50 cubic metres rather than the usual 70 cubic metres.
Advertisement Consent
Applications for the display of advertisements are made under the Town and Country Planning (Control of Advertisements) Regulations 1992 in a similar way to planning applications. These applications do not have to be publicised but it is the practice of this Council to do so.
There are three basic classes of advertisements:-
- those to which the Regulations do not apply which do not, therefore, come within the controls;
- those which can be displayed with deemed consent (i.e. which do not require an application);
- those which can only be displayed with express consent (i.e. requiring an application).
Advertisements can be controlled only on the basis of visual amenity and public safety. The content or wording of an advertisement is not subject to control.
An advertisement with deemed consent can be challenged by the Local Planning Authority by serving a Discontinuance Order. There is a right of appeal.
An express consent lasts for a period of 5 years after which the approved advertisement has the benefit of "deemed consent".
Areas of Special Control can be designated (with the approval of the Secretary of State) where it is considered to be essential on grounds of amenity to control the display of advertisements that would otherwise have "deemed consent". The only Area of Special Control in the Derbyshire Dales is at Matlock Bath.
Use the Advertisement Consent Form for the erection or display of a sign, fascia sign, notice or advertisement. To download the Advisement Consent form and guidnace notes please use this link: Advertisement Consent Form and Gudiance Notes.
Certificates of Lawfulness
There are two kinds of certificates - Certificates of Lawful Existing Use Or Development and Certificate of Lawful Proposed Use or Development
Certificates of Lawful Existing Use Or Development
This procedure allows a person to make a formal application for a Certificate to determine whether a specified use or operation is lawful and can be continued without the need for planning permission.
A Certificate of Lawful Existing Use or Development can be obtained where:-
1. There has been a continuous use (other than a dwelling) for more than 10 years.
2. A condition has not been complied with for more than 10 years.
3. A building has been erected for more than 4 years.
4. A building has been used as a dwelling for more than 4 years.
Obtaining a Certificate will have the effect of preventing the Authority from taking enforcement action. It will be specifically worded to identify the lawful uses, include a plan to show the land in question and may contain conditions.
Refusal will raise questions of whether the applicant should submit a retrospective planning application and whether the Council should consider enforcement action.
It is important to note that the onus is on the applicant to prove the case by supplying appropriate evidence. The test to be applied to that evidence is the ‘balance of probabilities’.
To download the Certificate of Lawful Existing Use or Development Form and Gudiance please use this link: Certificate of Lawful Existing Use or Development.
Certificate of Lawful Proposed Use or Development
A Certificate of Lawful Proposed Use or Development is perhaps a simpler matter to deal with. It will clarify whether a proposed use or development is outside planning control. Approval will confirm that no further application for planning permission is necessary, whereas refusal will point to the need for an application before the use/operations are undertaken.
The planning merits raised by these applications are not for consideration. It is simply a matter of evidence, fact and legal consideration. These applications do not come before the Planning Committees and are dealt with under delegated powers in consultation with the Council’s Solicitor.
To download the Certificate of Lawful Proposed Use or Development Form and Guidance Notes please use this link: Certificate of Lawful Prosposed Use or Development Form.
The above list of Consent types is not exhaustive. For more information please either visit the Application Form and Guidance Notes webpage or phone 01629 761358.
Please Note:If you do not fill in all the appropriate forms and certificates your application will be delayed. Every application, except Tree Preservation Order Consent, must include:
- An Application Form - signed and dated
- An Application Certificate - signed and dated
- Three sets of scaled plans- The plans must be accurate and to a recognised metric scale that we can measure. We can not accept imerial measurements or scales.
- Three sets of 1:1250 scale location plans, at least A4 size which show the whole of the site with its boundary edged red. Any adjacent land that you control should be edged in blue.
For more information on what is required by the Council in order to process your application please use the following link: Validation Check List. An Ordnance Survey plan is ideal for this purpose and we can supply these for a small charge. Please contact the Planning Services Reception on 01629 761336 if you require more information.
PRIOR NOTIFICATIONS
Some specified types of "permitted development" must be formally notified to the Council in advance, and the Council has 28 days in which to call for a formal application. These are as follows:-
Agriculture - for the erection and extensions of buildings and for excavation and engineering operations, of up to 465 square metres, on holdings exceeding 5 hectares and for other minor works on smaller holdings. The Council must decide within 28 days whether to request details of siting, design and external appearance of the works. The Council cannot oppose the principle of the development, it can only control the detailed siting and design.
Forestry - similar provisions apply to the erection/extension of buildings, the construction of farm roads and other operations.
Telecommunications - for the erection of masts up to 15 metres in height, for specified operators there are similar requirements to formally apply to the Council to determine whether prior approval of siting and appearance is required.
Demolition of dwellings - giving the Council the opportunity to request details of the method of demolition and proposed restoration.
Tree Felling within Conservation Areas - in these cases, the Council has 6 weeks within which it can authorise the work or control it by making a Tree Preservation Order.
Hedgerow Notifications - again, the Council has 6 weeks to determine whether the intended removal of a hedgerow should be controlled. The circumstances in which control can be exercised are, in practice, very limited.
Publicity and Consultations
How we consult on planning applications
How to comment on planning applications
The Planning Services Section seeks to exercise planning control in the public interest, and are committed to publicising and consulting widely on planning proposals. Applicants are entitled to know their applications will be publicised, and neighbours and other interested parties should know that they will be given adequate opportunity to comment on any proposals.
The Council has to consider any application it receives, and can only consider the application on the basis of information that is submitted. Whilst we encourage applicants to discuss proposals in advance of making a formal submission, many applications are submitted without any prior discussion. Once an application is submitted, we adopt a neutral position until all relevant consultations have been taken into account and the merits of the case have been fully evaluated against national and local planning policies and other material considerations. We adopt exactly the same position for the Council’s own applications as those of private applicants.
How we consult on planning applications
It is a statutory requirement for some publicity to be given to most planning applications. Within the Derbyshire Dales, all planning applications are publicised either by means of press advertisement, site notices or individual neighbour notification.
Every week, a list of significant planning applications (excluding minor domestic applications) received during the preceding week is published in the local press for public information. Applications in the central area are advertised in the Matlock Mercury and applications in the southern area are advertised in the Ashbourne News Telegraph. Applications in the parishes of Doveridge, Somersal Herbert and Sudbury will additionally be advertised in the Uttoxeter Advertiser. The same weekly list of planning applications is also displayed at information offices in Matlock, Wirksworth and Ashbourne. The weekly list can also be made available to members of the public or businesses on request at an annual cost. Subscription requests should be made to the Planning Services Support Team
Within 10 working days of receipt, a site notice is affixed near to the application site and any neighbouring occupiers affected by the proposal are notified by individual letters. The notice and letters will advise where the proposals are available for inspection and inform you of the deadline by which comments should be submitted. This will normally be 21 days. During this period, the views of other statutory consultees or interested organisations will also be sought. The only exceptions to these arrangements are applications where the determining authority is not Derbyshire Dales District Council, applications for power lines, applications for certificates of lawful use or development and advertisement applications.
The register of planning applications can be inspected at the Planning Services Reception, Town Hall, Matlock from 9.00 am to 5.00 pm Monday to Friday.
Copies of application documentation are forwarded to all relevant Town/Parish Councils and local Ward Members. Liaison is maintained between the Case Officer and Ward Member throughout the life of the application. Copies of the application documentation are also made available for public inspection during normal office hours 9.00 am – 5.00 pm. Copies of application documentation may be purchased (subject to copyright provisions) and will be provided either directly by the District Council or via the applicant/agent on payment of appropriate copying charges.
The Councils practice is to negotiate, where appropriate, improvements to applications in order to improve the quality of the development. Where following the initial publicity, changes are made to the proposal which are of significance, those persons who have made representations will be re-notified by letter. Where proposals are changed in such a way as to materially affect the character or description of the proposed development, the Planning Services Manager may at his discretion, undertake further publicity, including site notices, press advertisements and neighbour notification again.
How to comment on planning applications
A Planning Officer will be available at the Town Hall, Matlock from 9.00 am to 5.00 pm Mondays to Fridays, and at the Ashbourne Information Office, on Thursdays between 2.00 p.m. and 5.00 p.m. to discuss any proposal and explain how to make representations.
Comments may be submitted by anyone, regardless of whether they were formally consulted by the District Council. We welcome any comments, either in support of, or objection to proposals. Any representations of objection must however, be based upon valid planning considerations if they are to be influential in the decision making process. The level of public support or opposition is not, in itself a basis for decision making. Valid planning considerations include matters like the effect on traffic or parking, the appearance of the proposal, overlooking or disturbance, loss of light or privacy, impact on the local environment and whether the proposed use is appropriate. We can not take into account matters like the loss of property value, disruption or loss of views, personal disputes between neighbours, matters covered by leases or covenants, or competition between different operators. For further information on valid planning considerations, please contact either of the Development Control Area Teams.
All representations are acknowledged by means of a standard letter. In all cases this acknowledgement will be forwarded within five working days of receipt.
Comments should be submitted as soon as possible, although the Council will take into account representations received up to the date it makes a decision. Comments should be made in writing, by individual letter or petition and forwarded to The Planning Services Manager, Derbyshire Dales District Council, Town Hall, Bank Road, Matlock, DE4 3NN. Alternatively, representations may be submitted via this website. To make comments on a planning application Click Here Please note however, that any representations submitted by e-mail will not receive a written individual acknowledgement, or notification of the decision unless details of your name and postal address are provided.
The decision making process
The Council normally has 8 weeks from the date of registration in which to make a decision, unless an extension of time has been agreed with the applicant. The majority of planning decisions (approx 79%) are determined by professional officers following consultation with local Ward Members. Ward Members are contacted at the conclusion of consideration of the application; advised of consultations/representations; advised of the intended decision and agreement is sought to the use of delegated procedures. There is always the option for the Ward Member or Case Officer to refer the application to Committee. Delegation is inappropriate where the decision would be contrary to the views of a consultee or contrary to the Development Plan.
The names and contact details of Ward Members may be found elsewhere on the this website. Applications which are to be determined by either the Central & Northern or Southern Area Planning Committees are the subject of committee reports. These reports are made available 5 working days before the meeting.
Public participation at planning meetings
The meetings of the Planning Committees are held in public during the evening. Members of the public wishing to address the Planning Committee may do so by notifying the Committee Administrator (Tel 01629 761300) before 12.00 noon on the day of the relevant meeting. At this time, you will be asked to indicate the item of business your representation relates to and whether you are supporting or opposing the proposal.
Those persons who indicate that they wish to make representations must attend the venue by 5.45 p.m. on the day of the meeting and inform the Committee Administrator.
Representations will only be allowed in respect of those applications which are scheduled for debate at that particular meeting. Those making representations will be invited to do so immediately before the relevant item of business is discussed and will be limited to 3 minutes.
A copy of the procedure for public participation at planning meetings is available online.
Notifying you of the decision
All persons making representations (except petitions) will be notified of the final decision within ten working days of the notice of decision being issued or the application having been withdrawn. This notification will state whether the application was granted, refused or withdrawn.
Only the applicant can appeal against the decision of the Council. In the event of an appeal being made by the applicant, individuals who have previously made comments on the appeal application will be informed and you will have the opportunity to make further representations tom the Government Planning Inspector dealing with the appeal.
Lists of decisions and appeals are published and a register of planning decisions can be inspected at the Town Hall, Matlock .
Appeals against decisions
If an application is refused or approved subject to conditions the applicant has the right to appeal to the Office of the Deputy Prime Minister. There is no right of appeal for a third party under any circumstances.
An appeal is intended to be a last resort where submitting a fresh application is unlikely to be a satisfactory solution. Normally, a revised application made within 1 year of the decision does not attract a further fee.
Appeals, which are handled by The Planning Inspectorate, may be dealt with by:-
- an exchange of written representations;
- at a local hearing (in which case no advocates are allowed);
- at a fully Local Inquiry (a quasi-legal situation).
An appeal can be made against any of the conditions attached to an approval. There is, however, a risk to the applicant because it is possible for the whole permission to be withdrawn if the appeal is dismissed.
If an appeal is to be determined at a Local Inquiry or a local hearing there is a risk of costs being awarded to either party, but costs can only be awarded where there has been unreasonable behaviour. Unreasonable behaviour can occur at the decision making stage if, for example, an application has been refused for reasons which cannot be substantiated in planning terms or if the Authority fails to provide reasonable evidence to substantiate the harm cited in the reasons for approval (this particularly applies to subjective opinions given as part of a refusal).
Full information on how to appeal is issued along with the decision notice in every case where a right of appeal applies.