Duty Planning Officer Frequently Asked Questions
Do I need planning permission?
This depends on what development is being proposed. Some types of development which take place under The Town and Country Planning (General Permitted Development) Order (2015) as amended (GPDO). These ‘permitted development’ rights provide an automatic grant of planning permission for development which falls within the limitations and conditions of the Order. The Planning Portal website contains interactive guides providing advice on permitted development
Other useful information includes:
- The ‘Permitted Development Rights for Householders: Technical Guidance’ helps to explain the GPDO and contains helpful diagrams for Schedule 2, Part 1, Classes A-H
- National Planning Policy Guidance
Some dwellings however have had their permitted development rights removed. This can be checked by looking through the planning history of the property. If you would like a copy of the planning history to check whether or not permitted development rights have been removed through any previous planning permission/s granted which would restrict you from implementing your permitted development rights, then our Customer Service Team are able to find all relevant planning permissions for the property and send these to you. Please contact customerservices@testvalley.gov.uk or call 01264 368000.
Some dwellings have had their permitted development rights removed through an Article 4 Direction. You can check whether an Article 4 Direction is in place here: https://www.testvalley.gov.uk/planning-and-building/article-4-directions
If you would like the council to assess whether or not your proposals comply with the GPDO and whether or not the relevant permitted development rights have been removed from your property, then you will need to submit an application for a Certificate of Lawful Proposed Development which would provide you with a formal decision notice. Information on how to apply for a Certificate of Lawful Proposed Development can be found here (top drop down menu).
Do I need planning permission to change my windows?
Like for like replacement would be unlikely to require planning permission unless the building is listed. If you are changing the appearance of any of the windows in any way, such as size, location, materials, arrangement of glazing bars, colour, single or double glazing etc. then planning permission would likely be required under condition A.3 of Schedule 2, Part 1, Class A of the General Permitted Development Order 2015 as amended, and as explained in the ‘Permitted Development Rights for Householders: Technical Guidance’.
Does a change of use require planning permission?
Please view the use classes section on the Planning Portal Website for guidance.
For confirmation from the council as to whether a proposed change of use would be lawful, you can apply for a Certificate of Lawfulness for a Proposed Use. The onus is on the applicant to provide the evidence. Information on how to apply can be found here. Please note that the Duty Planning Officer cannot advise on whether a proposed change of use would be lawful.
Can you tell me what the authorised use is for a property/piece of land?
Please be aware that the Duty Planning Officer cannot confirm the lawful use of a property/land. To ascertain the current lawful use for a site, you can review the planning history or apply for a Certificate of Lawfulness for an Existing Use. The onus is on the applicant to provide the evidence. Information on how to apply can be found here
Can I run a business from home?
For information regarding whether running a business from home would require planning permission, please see the Planning Portal website for guidance.
Do I need planning permission for a dropped kerb?
Dropping a kerb to create/enlarge an access to a property may require planning permission if the access to be created/altered is to a trunk or classified road (A, B or C Road). You can see whether the road you wish to create/alter an access onto is classified or not on Hampshire County Council’s website.
If the access to be created/altered leads onto an unclassified road, planning permission is only generally required where the access is not provided in connection with development which is permitted development.
Whilst planning permission may not be required for a new/altered access, you may need the separate permission from the highway authority at Hampshire County Council. Further information can be found here.
Do I need planning permission for the installation of an electric vehicle charging point/solar panels/air source heat pump/other renewable energy development?
Permitted development rights exist for renewable energy generation on residential properties. Please see the following link to the Planning Portal - information is provided on the drop down list:
Introduction - Home energy generation - Planning Portal
How much does it cost to submit a planning application?
Planning application fees vary by application type. Details of fees for the following application types can be found here:
- Householder applications
- Outline Applications
- Full Applications
- Lawful Development Certificates
- Prior approval notifications
- Reserved matters
- Removal/Variation/Approval/Discharge of condition
- Advertising
- Non Material Amendment following Grant of Planning Permission
- Permission in principle
The information also provides advice on exemptions and reductions from payment and cross boundary applications.
Pre-application advice fees can be found here
When will I get a decision on my planning application?
Most planning applications take around 8 weeks to determine. Within this 8 week period the Council are obliged to publicise the application for 21 days. This enables the public to comment on the proposals. The Council cannot make a decision within this 21 day period. Major applications take around 13-16 weeks to determine depending on whether they are accompanied by an Environmental Statement or not (in accordance with the Environmental Impact Assessment Regulations).
Further information on timescales and the planning application process can be found here.
How do I apply for planning permission?
There are different application forms depending on the type of application being submitted. All application forms are available here
The webpage for each application type includes the following, which can be downloaded:
- Application form
- Notes for completing the form
- Application guidance
- Notice information in respect of ownership certificates
- Biodiversity checklist
- Application requirements checklist
You can submit your application by sending the required information to planning@testvalley.gov.uk Alternatively you are able to submit a planning application through the Planning Portal . Applications submitted via the Planning Portal do attract a service charge.
Once submitted, your application will be reviewed by one of our registration officers who will contact you directly if any further information is required.
Do I need to submit an ecology or tree survey with my planning application?
Ecological Surveys
It is strongly recommended that applicants and agents engage with the appropriate Biodiversity checklist and provide any surveys which are highlighted to be required. Required surveys need to be provided upon submission of the application to ensure the application does not get delayed awaiting this information.
This Checklist has been designed to help you work out if your proposal is likely to affect biodiversity, and if so, help you understand what additional information you will need to provide to support your application and how to get that information.
Circular 06/2005 requires that planning decisions are based on full, up-to-date ecological information and it is essential that all necessary survey, assessment and mitigation information is available to the LPA prior to determination, particularly in the case of protected species, which are a material planning consideration. This will enable the LPA to determine the application on the basis of full knowledge about the ecological impacts of the proposal and to ensure that any impacts can and will be mitigated, and are acceptable. Surveys cannot be deferred under a condition of a planning application.
Advice on protected species and the planning process can be found here: https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals . Where ecological surveys are needed, applicants are advised to contract a suitably experienced and qualified ecologist (see http://www.cieem.net/members-directory , or an on-line search will find a number of local ecologists).
Please be aware that if a relevant ecological survey is not submitted where it is required to be, your application is likely to be recommended for refusal.
Arboricultural Surveys
General information on trees can be found here
Should your proposals affect trees advice should be sought from a qualified and experienced arboricultural specialist who can inform on the arboricultural constraints/implications of the proposal and make recommendations as appropriate. A suitable/competent tree specialist to help with this matter can be found at https://www.trees.org.uk/Registered-Consultant-Directory.
Required survey and mitigation advice needs to be provided upon submission of the application to ensure the application does not get delayed awaiting this information.
Where can I buy a site location plan?
There are many companies that can provide site and block plans that are required to accompany a planning application. The Planning Portal provides a buy a map service.
Using a search engine will also provide a list of other companies that hold a license to supply site location and block plans.
If planning permission is granted how long is it valid for? Can planning permission be renewed?
Planning permission is generally valid for three years from the date on the decision notice. There is no mechanism to renew a planning permission. If you have not started the development within the three year period you will need to re-apply for planning permission.
I have planning permission, how do I amend it?
In the first instance, where possible, contact your planning case officer who determined your application for advice on the best way to amend a permission (their name and contact information is included on the front page of your decision notice). If the case officer who dealt with your application no longer works for the Authority, please email planning@testvalley.gov.uk with your query quoting the reference number of the original permission and provide details of the proposed changes. Your query will then be allocated to an appropriate officer for a response. This will not include any assessment on the acceptability of the proposal or likelihood of approval. Please note that the Duty Planning Officer can only provide general advice and cannot review alterations to previously permitted schemes.
Further information on how to vary or amend a planning permission can be found here.
The application forms required to apply for amendments to an existing permission are available here
What about Building Regulations?
You must apply for Building Regulations, if required, separately to your planning application. Please visit the Building Control pages on our website or on GOV.UK for more information.
You can phone the Test Valley Building Control Office on 01264 368741 or 01264 368312 or email buildingcontrol@testvalley.gov.uk
Please note that the Duty Planning Officer cannot provide advice on Building Regulations.
My neighbour has done work but didn’t get permission, who do I report this to?
Houses generally benefit from permitted development rights. Permitted development rights allow certain types of development to be undertaken without applying for planning permission. Before reporting a development, please review the permitted development rights for residential properties to see whether it is likely the development concerned does not need planning permission. In addition, you may wish to speak to your neighbour to understand whether they have already sought advice from the Local Planning Authority.
If you still believe that development has been undertaken without first obtaining the required planning permission then you can report this to the Council’s planning enforcement team. Your complaint will be recorded in confidence and allocated to an enforcement officer who will contact you directly once they have investigated. Planning enforcement can be contacted on 01264 368000.
My neighbour’s development will encroach onto my land. What can be done about this?
Land ownership is a civil matter and not an issue that the LPA can be involved with. For land ownership queries please contact the Land Registry. Advice can also be obtained from Citizens Advice and you may also wish to seek legal advice from you solicitor.