Post decision guidance notes

Notes for the guidance of applicants in connection with the decision of the council

Building regulations

Your proposal may require Building Regulation Approval. For further advice you must contact the Doncaster Building Control Section on 01302 734848. Alternatively visit the

Please note Section B5 of Approved Document B Volume 1 requires that adequate access be provided for the fire brigade in new developments and extensions. South Yorkshire Fire and Rescue may be contacted on 0114 253 2507 for advice.

Demolition

Under Section 80 of the Building Act 1984 any person intending to demolish a building must serve notice to the Local Building Section listing full details of their intentions. If you require an application form or further information please contact the Doncaster Building Control Section on 01302 734848. Alternatively visit the

In addition if your planning permission does not cover demolition then a Notification of Proposed Demolition as per additional the Schedule 2, Part 31 of the Town and Country General Permitted Development Order 1995 will be required.

Purchase notice

In certain circumstances it may be possible to serve a purchase notice on the council.

This is only available where refusal of Planning Permission has led to the land being 'incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of and development which has been or would be permitted' as defined by Part VI of the Town and Country Planning Act 1990.

In such circumstances the council could be required to purchase the applicant's interests in the land.

If you require further information please contact the officer who dealt with your application.

Appeals to the Secretary of State

If the applicant is aggrieved by the decision of the council to refuse permission or approval for the proposed development or to grant permission or approval subject to conditions, then you can may appeal to the Secretary of State under Section 78 of the Town and Country Planning Act 1990. 

If you want to appeal against your Local Planning Authority's decision then you must do so within 6 months of the date of the decision notice.  

Unless the appeal relates to any of the following -

If the decision is relating to a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your Local Planning Authority's decision on your application, then you must do so within 28 days of the date of the notice. 

If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your Local Planning Authority's decision on your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months (12 weeks in the case of a householder appeal) of the date of the notice, whichever period expires earlier.

If the decision is relating to planning permission for a householder application, if you want to appeal against your Local Planning Authority's decision then you must do so within 12 weeks of the date of the decision notice.

If the decision is relating to a decision to refuse planning permission for a minor commercial application, if you want to appeal against your Local Planning Authority's  decision then you must do so within 12 weeks of the date of the decision notice.

If the decision is relating to a decision to refuse express consent for the display of an advertisement, if you want to appeal against your Local Planning Authority's decision then you must do so within 8 weeks of date of receipt of the decision notice.

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

Appeals must be made on forms, which are available from:

Secretary of State, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN

Telephone - 0303 444 5000

Online - Planning Inspectorate

Request for confirmation of compliance with planning conditions

Conditions imposed on an approved planning application may be discharged upon request to the Local Planning Authority.

The request, identifying the permission and the conditions concerned can be made in any written form that is clear and legible. Alternatively, you may wish to use the Standard Application Form. The form can be found on the Planning Portal and is called Removal/Approval/Variation of Conditions/Reserved Matters and additional permission required is Approval of Details Reserved by Condition.

The fee chargeable by the authority is £97 per request (or £28 where the related permission was for extending or altering a dwelling house).

Trees – how to protect them on development sites

A tree, and its associated rooting area, may take a century to reach maturity but it can be irrevocably damaged in a few minutes. A tree does not 'begin' at its stem; it is its rooting zone (the root protection area; the minimum area around a tree deemed to contain sufficient roots and rooting volume to maintain the tree's viability, and where the protection of the roots and soil structure is treated as a priority) that requires as much protection as the above ground parts of the tree. Guidance on how to prevent damage to trees retained within a development scheme can be found in the documents below:

Guidelines on Protecting Trees on Development Sites
Download (831KB - PDF)
Protective barrier specifications from British Standards Institute BS5837: 2012 Trees in relation to design, demolition and construction
Download (290KB - PDF)

The council operates a free advisory service for trees on development sites (phone: 01302 735080 or 735077 or email: Jonathan.Tesh@doncaster.gov.uk or Daniel.Atkinson@doncaster.gov.uk) but for larger development schemes it may be more effective for the project arboriculturalist to remain engaged.

Tree preservation order appeals

There is a right to appeal to the Secretary of State in accordance with regulation 19 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012 following a decision to refuse consent or against the conditions of any approval following a planning application to undertake work to trees that are subject to a Tree Preservation Order. An appeal must be made within 28 days of the date of the Decision Notice. An appeal can also be made if application wasn't decided within 8 weeks. There is no deadline for an appeal on these grounds. 

Further guidance on the right of appeal and the appeal process can be found in:

An appeal must be made on the relevant form, which is available to download below:

Tree replacement notices

A person served a Tree Replacement Notice may appeal against the Notice to the Secretary of State in accordance with Section 208 of the Town and Country Planning Act 1990. An appeal must be made before the Tree Replacement Notice takes effect. This date will be specified in the Notice.

Further guidance on the right of appeal, the grounds and the appeal process can be found in

A Guide for Appellants (Tree Replacement Notices)
Download (180KB)

An appeal must be made on the relevant form, which is available

  • to download from the Planning Portal website
  • or by contacting the Environment Section at the Planning Inspectorate on 0303 444 5000 or email enquires@pins.gsi.gov.uk

Application for consent to display advertisements

Duties under the Public Health Act and Highway Act

By virtue of Section 19(2) of the Public Health Act 1925 it is an offence for any person to place or affix any notice or advertisement within twelve inches of any name of a street marked on a house, building or erection. With reference to the general condition (b) above, your attention is drawn to the fact that an occupier of a building from which there is a projection over a highway owes a special duty of care to highway users to see that the projection is safe and to prevent it from becoming dangerous. In addition any person who undertakes work of this nature would also owe a special duty of care to a highway user.

The council has powers under Section 152 of the Highways Act 1980 to require the removal of any sign which is erected or placed against or in front of a building and is either insecurely fixed or of defective construction or otherwise is a source of danger to persons lawfully using the street.

The right of appeal

Where the Local Planning Authority refuses consent or grants subject to conditions the applicant may appeal to the Secretary of State in accordance with Regulation 15 of the Town and Country Planning (Control of Advertisement) Regulations 1992 (as amended).

Appeals must be made within eight weeks of the date of the Decision Notice.

There is a choice of appeal procedures and the Department of the Environment will cooperate with you, or your agent, in enabling your appeal to be processed and decided in the way you would prefer. However there may be a few occasions when the Department has to use a procedure which is not your own preference, in order to ensure that all aspects of the appeal are thoroughly and fairly considered. When this happens the Department will explain why.

The available appeal procedures are:

(a) by written representations which you and the Local Planning Authority make, followed by an unaccompanied inspection of the appeal site.

(b) by a hearing of the parties oral representations and an accompanied inspection of the appeal site.

From the outset of an appeal you should give precise grounds of appeal. This enables the Local Planning Authority in their written statement to answer the relevant points and thus avoid unnecessary delays. You will be given the opportunity to respond to their representations.

Appeals must be made on forms, which are available from the

or by contacting the Customer Support Unit on 0303 444 5000 or via email at enquires@pins.gsi.gov.uk

For further details about the advert appeal process please visit the

Vehicle crossings over footways and verges - Highways Act 1980

Under the provision of Section 184 of the Highways Act 1980 vehicle crossings must be provided where vehicles are habitually driven across a footway or verge.

These crossings are constructed by the council's Highways Department unless the property is a new build.

When asking for a vehicle crossing to be provided you must confirm that planning permission has either been granted or is not required.

An estimate of the costs involved and further details can be obtained from:

  • Doncaster Council, Highways Operations, North Bridge Depot, North Bridge Road, Doncaster, DN5 9AN  
  • Telephone 01302 736565

Contact:

 

Last updated: 27 July 2018 10:58:56