Householder Guidance

On the 30th September 2013, the Welsh Government amended the permitted development rights for householders, through the introduction of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013. Permitted development is development that can be added to a property without first requiring planning permission.

The permitted development rights are restricted by a number of controls and conditions that development must meet to benefit from the deemed consent. In the past these controls and conditions have been focused upon a volume restriction approach. However, it was considered that a more appropriate method of control would be an impact led approach.

The Welsh Government has provided a Householder Guide to Planning as well as Technical Guidance Note on the specific householder permitted development rights. However, it is important to note that your permitted development rights may have been restricted or removed at the time that your dwelling was originally granted planning permission. Should you require the application reference numbers for your property; these can be provided for a fee of £35.

The new regulations are more detailed and therefore require a more complex assessment as to whether a proposed development would benefit from permitted development rights or whether planning permission is needed. As such, the Authority will now require a Certificate of Lawful Development (Proposed) or (Existing) application, prior to being able to confirm whether planning permission is required. If planning permission would be required, free pre-application advice is currently given to the applicant as to whether the development would be likely to receive a favourable officer recommendation at the planning stage (although please note that a charge of £25.00 is to be introduced by Welsh Government from 16th March 2016 for 'householder' pre-application advice).

If the application is to provide disabled facilities and the applicant is registered or registerable disabled under the National Assistance Act, you are exempt from paying a planning fee.

Evidence must be provided in the form of a letter from Social Services stating the above or a copy of an official document with your disablement No. Please note that you are only exempt from a fee if all of the proposal is to provide disabled facilities.

Applications should be accompanied by a site location plan (Ordnance Survey Plan) with the application site outlined in red, at a scale of 1:1250 and with a north point shown, together with a block plan, proposed elevations and proposed floor plans which at this stage can be annotated with dimensions rather than produced to a stated scale.

Whilst the plans do not have to be professionally drawn, they still need to be of a suitable standard to enable the Planning Authority to confirm if planning permission is required.

Furthermore, it is essential that these plans and elevations are an accurate statement of the development proposed. Any variation from these details could mean that planning permission is required. The drawings must also accurately show any change in ground levels around the area where the proposed extension is going to be built. A planning Officer will be able to give you further advice on this, at the time of your application.

These notes are to help you fill in the planning application forms. If you have any problems filling in your application, please contact the Development Control Section:

See the notes on plans, drawings and fees.

You should only use the enclosed form to apply for planning permission.

You will need to fill in a different form if you are applying for permission for the following:

• new residential properties or commercial properties
• prior notification agricultural buildings
• demolish a building
• put up an advertisement (advertisement consent)
• make alterations to a ‘listed’ building (Listed Building Consent)
• demolish all or part of a building within a conservation area (Conservation Area Consent)
• Lawful Development Certificate
• carry out work on protected trees (works to trees)
• carry out works to trees in conservation areas
• store hazardous substances (hazardous substances consent)

You will probably also need building regulations approval if you want to carry out new building work.

If you want advice on this please telephone: 01639 686868

The Planning Department provides a document "Householder Planning Guidance" this outlines what is considered acceptable and unacceptable in design terms for household extensions. 

We like to discuss your plans before you send in your application. It is best if you make an appointment to see a planner who knows the area you are looking at to make sure that any talks you have are as valuable as possible. The planner may be able to give you an idea of whether your application is likely to get planning permission, but this is not a firm promise and would be without prejudice to the submission of an application.

Question 1 & 2 - Name and address of applicant/agent

You must fill in this section. Please give your:

• name
• address
• phone number

If you choose an agent to act for you, please give his or her details as we will send all letters and forms to your agent and we will also contact them if we need more information. Your agent will have to keep you informed with progress on the application. (An agent is someone you choose to carry out legal or contract agreements for you)

Question 3 - Address of application site

Please give the full address of the property which the application is for. You must send us 4 copies of a plan of the site outlined in red, this needs to show how big the site is compared to any properties and roads nearby

Question 4 - Interest in property

You should tick the relevant box

If you are not the freehold owner of the property you will need to fill out an alternative certificate. The definition of owner is set out below.

Question 5 - Description of proposal

All relevant boxes should be ticked.

If there is no box fully describing your proposal please write the proposal in the space provided.

Question 6 - Materials

Please give us full details of any materials to be used on the external walls and roof of the proposal.

Question 7 - Drainage

Tick the relevant box relating to surface water and foul sewage disposal. If you are using any other method please state in the relevant space

Question 8 - Trees

A lot of trees in the Borough are protected by Tree Preservation Orders or are in Conservation Areas. You should check prior to the submission of your application whether your development will affect any protected trees.

Question 9 - Public footpaths

If there is a public footpath or other right of way that will be affected by the development or near the site please tick the relevant box & if yes, specify if known.

Question 10 - Notification to neighbours

On every application all adjoining landowners will be notified.

If you know the relevant properties please fill out this section as it will ease the consultation process

Question 11 & 12 - Signature

All application forms must be signed and dated either by the applicant or, if you have one, your agent. You must also sign to show that you are the owner of the property. If you are not the owner please fill out Certificate B (Article 7) and serve Article 6 notice on the owner

Plans and drawings

General information

We will not consider an application, or the application may be delayed, if you do not send us 4 copies of satisfactory plans and drawings. If more drawings are required, we will ask for them.

All drawings that you send with your application must have a date, be numbered and show their metric scale.

If your plan shows existing and new works, you should clearly mark the new work, using colour if necessary.

If you know what materials you are going to use on the outside of the walls and roofs, write this on the plan which shows these features.

You should show how vehicles and people will get onto and off the site, and give details of any walls, fences and so on that will enclose the site.

If you change your plans any revised drawings must show these changes and also show a new reference number and the date of the changes.

Site/location

Every application you send must clearly identify the site and its surroundings. The application site should be outlined in red and any other land in your ownership outlined in blue.

Drawings you need to send with full applications

General

Any floor plans. elevations and cross sectional drawings should be to a scale of 1:50 or 1:100. Show the current layout and design of the property if you want to change them. All the changes you want to make should be clearly marked on your plans. All other features of the site, including any outbuildings, boundaries and trees should be shown.

What your drawings must show if any building work is involved

If you want to change the layout of a building or the outside of it. you must show existing and proposed floor plans and tell us the building’s present and future uses. These drawings should show the property or site in relation to buildings near by. A roof plan may be useful to explain a complex roof and any alterations to it. Any facilities for people with disabilities should be described and shown on the proposed floor plans.

New building work

If new building work is proposed, you need to provide floor plans, elevations and cross-section drawings (as described above) for the new building.

Example

Owners

You do not have to own the land or buildings concerned to make a planning application. However, we cannot deal with your application unless you fill in the relevant certificates.

If you are the only owner of the land or building, fill in certificate A. For this purpose, ‘owner’ means the person who holds the freehold of the property, or the person who has a lease which will continue to run for at least 7 years. If anyone else owns any other part of the land or buildings. you must complete the Section 6 notice and send it to the owner. Once you have sent the notice please fill in certificate B under Article 7 and send it to us with your application.

If you do not know the names of the other owners of the land or buildings, you will need to fill in a different certificate which you can get from us. If this is the case. you should get in touch with the Development Control Section for advice by telephoning 01639 686868.

It is important to complete this part of the form accurately. It is an offence to give false or misleading information on a certificate of ownership.

What to do next

1. Check your application form, make sure you have signed it.
2. Check that you have enclosed all the drawings you need to send us.
3. Send the appropriate application fee with the form.
4. Send or deliver your filled-in application to:
   Development Control
   The Quays,
   Brunel Way,
   Baglan Energy Park,
   Neath
   SA11 2GG
5. After you have sent your application to us we will normally write to your neighbours asking for their views on your plans so you may like to talk to your neighbours about your plans before you send your application. This may avoid any disagreement and prevent delay at a later stage.
   
   It may also be prudent to consider the provisions contained within The Party Wall etc. Act 1996. Copies of which are normally available at the receptions in both the Neath and Port Talbot Civic Centres.Ordnance Survey extracts for the purpose of submitting a location plan for a planning application are available from any Ordnance Survey Mapping and Data Centre. A List of Centres are available online.