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Planning application process

Other matters

The granting of planning permission is an essential pre-requisite of most developments. However, planning permission does not constitute approval under other legislation and if the appropriate consents have not already been obtained, further approvals may be required.

Other approvals sometimes required are:

Building regulation approval

Separate application forms and drawings should be submitted for consideration against national building regulations approval . Approval is often required even if planning permission is not. Forms are available from Building Control.

Listed building consent and conservation area consent

Required for alterations affecting the character of a listed building, or the substantial demolition of an unlisted building, wall or structure in a conservation area. Applications and requests for information and advice are dealt with by Development Control.

Advertisements

Although details of some signs are shown on planning and building regulations applications, separate consent is required in accordance with the the Town and Country Planning (Control of Advertisements) Regulations. Applications and requests for information and advice are dealt with by Development Control.

Hazardous substances consent

A separate application is required for consent to store, transfer, handle or process a range of substances which may be hazardous to the users or to the general public. Applications and requests for information and advice are dealt with by Development Control.

Coal authority consent

Before undertaking operations that involve entry into any coal or mines of coal, including the implementation of site investigations or other works, permission should be sought from the The Coal Authority| , Bretby Business Park, Burton-on-Trent, Staffordshire, DE15 0QD.

Postal addresses and street naming

Where a development includes a proposal which involves a property requiring its own postal address, this will be allocated by the Council. Similarly where a development includes a new street or access to be named (whether proposed for adoption or not), this must be approved by the Council. Contact Engineering Services before using names or numbers.

Waste disposal licences

In addition to planning permission for tipping and waste disposal, a separate licence is required. Applications, requests for information and advice are dealt with by the Environment Agency.

Heavy goods vehicle operators licences

These are required to operate HGVs and the Council is consulted on licence applications. For fuller information, contact , or:

• Name:
• The Licensing Authority
• Address:
• North East Traffic Area
  Hillcrest House
  386 Harehills Lane
  Leeds LS9 6LS
• Telephone:
• 0113 254 3291

Private hire operators licences

These licences are required to operate a taxi or private hire business in addition to planning permission. Applications, requests for information and advice are dealt with by Law and Administration. See Licences: Private Hire and Hackney Carriage .

Entertainments licences

These licences are required for premises to hold public entertainment events such as dances and concerts. Applications, requests for information and advice are dealt with by Law and Administration. See .

Rights of way crossing a development site

It is in the interests of the developer to ascertain whether any public rights of way cross the site and if the right of way will be affected by the development. If so, the proposed arrangements should be discussed with Planning and Engineering Services at an early stage and shown on the application drawings. Legal procedures for diversion or extinguishment must be completed prior to work commencing on site. Applications, requests for information and advice are dealt with by Engineering Services. See Public rights of way .

Houses in multiple occupation (HMOs)

For all HMOs, compliance is required with the Housing (Management of Houses in Multiple Occupation) Regulations 1990 for standards of management and the Housing Act 1985 with regard to disrepair, provision of amenities and means of escape in case of fire. It is also a requirement for certain types of HMO to register with the Council under the Calderdale (Registration of Homes in Multiple Occupation) Control Scheme 1998. Applications, requests for information and advice are dealt with by Environmental Health.

Construction of a retaining wall

When a retaining wall is to be constructed within four yards (approximately 3.65 metres) of a street, and is at least four feet six inches (approximately 1.37 metres) high, then the erection of such a wall can be controlled by section 167 of the Highways Act 1980. Any person erecting such a wall is required to submit plans, details and calculations to Engineering Services.

Felling (of trees) licences

These licences are required for the felling of certain mature trees (whether they are the subject of Tree Preservation Orders or not). Applications, requests for information and advice are dealt with by the Forestry Commission| .

Small sewage treatment works - discharge consent

Where it is intended to install a small sewage treatment works (septic tank, biodisc, or similar), it will be necessary to obtain a Discharge Consent from the Environment Agency.

Consent to abstract water

Where a private water supply is required, consent to abstract water must be sought from:

• Address
• Yorkshire Water
  West Riding House
  Albion Street
  Leeds LS1 5AA

Demolition of buildings

Notice of demolition work is required by section 80 of the Building Act 1984. Formal notice should be submitted to Building Control. See Demolition of buildings .

Party walls

The Party Wall etc. Act 1996| came into effect on 1 July 1997. Everyone should check if planned building work falls within the scope of the Act if it involves:

• Work on an existing wall shared with another property;
• new building on the boundary with a neighbouring property; or
• excavating near a neighbouring building.

If the work does fall within the scope of the Act, then the statutory notice should be served on all affected owners. The Department for Communities and Local Government has produced Party Wall Act 1996: Explanatory Booklet| as guidance.

Notification for prior approval of permitted development (for demolition, telecommunications and for agricultural and forestry developments)

Certain classes of Permitted Development are limited by a condition in the General Permitted Development Order, that the developer must apply to the local planning authority for a determination as to whether prior approval will be required for certain matters. These notifications for prior approval are treated differently to standard planning applications and separate notes explaining how the Council processes them are available from Development Control.

Contaminated land or unstable land

In accordance with Planning Policy Guidance 14: Unstable Land (see also Annex 1: Landslides and Planning and Annex 2: Subsidence and Planning) and Planning Policy Statement 23: Pollution Control, you should note that the grant of planning permission is made on the basis of information available to the local planning authority at the time. This does not guarantee that the land is free from contamination or instability. The responsibility and subsequent liability for safe development and secure occupancy rests with the developer and / or land owner. The considerations which are used as a basis for determination relate to the development for which permission is sought and these considerations may be different in relation to any other development. The granting of planning permission does not imply that the requirements of any other controlling authority would be satisfied.

The actual or possible presence of contamination is a material planning consideration. Applicants and agents must therefore submit information which will enable the Council to assess this. All applications which relate to a change to a more sensitive use of land or, for example, to an increase in the footprint of a domestic property will require the submission of what is called a 'phase one report'. Please read the Land contamination reports guidance.

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