Newark & Sherwood District Council

There are a number of different types of applications which can be submitted including full planning permission, outline planning permission, a change of use of land or buildings, confirmation of compliance with conditions, applications for a non-material amendment.

The appropriate application forms and fees must be provided with each application.

Please remember that we advise if you need any of these consents through our Do I need Planning Permission? information.

Advert control

Most outdoor advertising requires consent with only a few limited exceptions. The law regarding the placement of adverts is complex. However, we can grant consent for a period of five years and deemed consent for certain categories. Most illuminated adverts need consent.

We can challenge any advertisement put up with deemed consent, requiring it to be removedl if it is considered to have a negative effect on the area or public safety. The owner has a right of appeal to the Secretary of State.

Newark and Sherwood 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-mailling 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 (as amended).

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 us to determine whether planning permission is required. 

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 and pay an appropriate fee. 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 some cases we will consider the suitability of taking enforcement action.

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 application allows an applicant to replace this with a new period to keep the grant of planning permission alive under a new permission. This application only applies to permissions that are: still valid on 1 October 2009 or are still valid when the extension of time application is made.

Permissions that have already lapsed, or that are granted after 1 October 2009, cannot be renewed under this procedure. The revised procedure does not apply to permissions where: the development has already commenced, the permission or consent has already expired at the time of application, the permission/consent was granted after 1 October 2009. In those cases, a new application would have to be made.

All such applications will need to be made on the standard planning application form available to download from the Planning Portal. The applicant will not need to automatically provide new plans or supporting information, although 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 our guidance on 'geater flexibility for planning permissions'. 

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.

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 the council's planning team.

To apply for a minor material amendment please see the guidance 'Greater flexibility for planning permissions'. 

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 

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.

Reserved matters

We 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 (known as a Section 73 Application)

An application can be made to vary the terms of a condition attached to a planning consent or to apply to remove it. We 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.

Whether your application is for a conservatory, a new house or a factory the way we deal with your application will be basically the same.

What we do with your application is set down in legislation and all authorities should deal with applications in a similar way.

Here we have set down the process in simple terms:

Validation and Registration:

The first thing we do when we receive an application is to allocate a case officer. This officer will deal with the application and will be your contact throughout the application process.

When we received any application we check that it has all the information we need to make it valid. This is set down in the council’s validation checklist. We will not validate your application until we have received all the information we need. We will write to you to ask for more information if you have not provided it with your application. We will also check that the right fee has been submitted.

Once we have the right information, we will register your application and start dealing with it.

Publicity and Consultation:

We consult various bodies to obtain their expert view on your application. These bodies might include the Highway Authority, English Nature or The Environment Agency.

We will also notify any properties will adjoin the site to let them know that an application has been submitted and / or will put up a site notice or advertise the application is the local press depending on the type and location of the development. We will normally give everyone 21days to make their comments.

Site Visit:

We visit every application site in order to assess the proposal in situ. This will normally be within the first four weeks.

The case officer will look at the plans, make notes and take photographs of the site for the case file as required.

Consideration:

The application will be assessed by the case officer who will take into account current planning policy, consultation responses and comments from local residents.

Negotiation:

Sometimes we will ask for changes to be made to the application if we do not consider that the proposal is acceptable in terms of current planning policy.

If the changes are significant we may re-notify (albeit we are not required to do so) and ask for further comments from consultees and local residents.

Decision:

There are various ways we can make a decision on an application and these are different depending on the type of application. Some applications must be reported to planning committee while other applications can be dealt with by an authorised officer of the council under delegated powers. Our scheme of delegation sets out how we normally deal with different type of applications.

View Scheme of Delegation (PDF File, 112kb)

Once a decision has been made we will send out a decision notice  to the applicant or their agent. We will not write to all those who have commented about the application to inform of the decision although such information is available by using our e-planning website.

If an application has been approved there will normally be conditions attached which will need to be discharged.

If an application is refused the applicant does have a right of appeal  to the Secretary of State.

Community Infrastructure Levy (CIL)

Community Infrastructure Levy (CIL) will apply to all such buildings regardless of the type of planning permission used to grant planning permission, however not all proposals will require a fee to be paid.  It will be dependent on the area in which the development is being carried out as well as factors such as;

• Residential or Commercial
• Floor space that is being created
• Demolition on the site

There are six stages to the CIL process which are identified by specific forms at each stage.  These are;

Pre-decision 

You must complete CIL Form 1 Form to Accompany Planning Application Form [21kb] and submit this with your application form.  

Post -decision

If CIL is payable, you will received CIL Form 2 Assumption of Liability Notice of Chargeable Development (Reg 31-39) [307kb] with your decision notice.  This will outline the amount of CIL that is required.  You will also be required to provide information on who is liable for the payment of CIL .  This MUST be returned prior to development commencement.  You should note that time will be required to process this form and complete the other 3 stages; therefore it is advisable to ensure this form is submitted at least 21 days before commencement on site.

We will then send you CIL Form 3 Liability Notice (Reg 65) [286kb] which confirmed the amount of CIL payable and who is liable to pay the charge.

If you consider that you are exempt from CIL payment you will have to complete and return CIL Form 4 Claim for Relief (Affordable Housing or Charitable Purposes) [250kb]. 

Then at least one day before the approved development commences you must complete and submit CIL Form 5 Commencement Notice (Reg 67) [269kb] ,which is notifying the Local Planning Authority that you intend to start work. 

At Commencement of work

You will be sent CIL Form 6 Demand Notice (Reg 69) [288kb] which is an invoice stipulating the fee payable and the time in which it must be paid.

If you fail to make the payments, or complete the required forms prior to commencement you will be liable to enforcement action being taken against you with may result in a prosecution.

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