Frequently Asked Planning Questions
This page provides answers to some frequently asked questions regarding planning.
Can I make my front garden into a parking area?
Changes within the General Permitted Development Order (due to come into force on 1st October 2008) mean that planning permission may be necessary for paving a front garden or replacement in whole or in part of such a surface. The legislation can be found via the Planning Portal website. Development is permitted subject to the following conditions that where:
- the hard surface would be situated on land between a wall forming the principal elevation of the dwelling huse and a highway, and
- the area of the ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,
either the hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.
Should confirmation be required as to whether proposed surfacing is permitted development, a certfiicate of lawfulness would need to be submitted, we are no longer able to deal with such enquiries by the exchange of letters.
Please note that a number of areas within Welwyn Garden City areas covered by the Estate Management Scheme. Consent is required for the provision of hard surfacing in these areas, so please contact 01707 357000, planning@welhat.gov.uk or review the interacative map to find out if your home is within the Management Scheme.
Advertisement consent may be required for 'A' Boards depending on their size and location and you should seek advice on this from a planning officer. Firstly, however, you will need to obtain consent from Hertfordshire Highways who may be contacted at:
Mid-West Area Office, 2nd Floor, Trident House, 42-48 Victoria Street, St Albans, Hertfordshire, AL1 3HZ.
Tel: 01727 816000
This depends on a number of issues, and you are advised to speak to a planning officer to identify whether permission is required.
It is the formation of the access, and not the dropped kerb that needs planning permission. If the access is onto a classified or trunk road, planning permission is required. Even if you don't need planning permission, you will need to discuss your proposals with Hertfordshire Highways who may be contacted at:
Mid-West Area Office, 2nd Floor, Trident House, 42-48 Victoria Street, St Albans, Hertfordshire, AL1 3HZ.
Tel: 01727 816000
This information is available on the Environment Agency website or, for general enquiries, you may wish to telephone the Environment Agency for the latest and definitive information (01707 632489) or email them at planning liaison, thamesne@environment-agency.gov.uk or complete their on-line questionnaire. This questionnaire can also be used for pre-application enquiries.
The council’s website covers general questions about chalk mining in Hatfield. In addition, maps show the areas currently identified where chalk mining may have taken place. In these areas often there is a technical solution to overcome the issue, however, this may need the planning applicant to carry out a detailed report at their own expense.
When a planning application is submitted for building works in the Hatfield chalk mining area we will do a risk assessment, this is based upon the chalk mining hazard probability, the type of the development and access and services that might be affected. For this reason different development proposals may result in differing risk level assessments. Should the assessment demonstrate either a high or very high level of risk then we will ask the applicant to submit a geotechnical report with the planning application. If the risk is moderate, we will ask the applicant, using a condition on the planning permission, to submit a report before the works start. If the risk is very low then the applicant will be advised to ensure that a watching brief is kept on the building works as they progress. In all cases, the applicant may need to discuss the issue with their planning agent/builder.
If the applicant writes to us for pre-application advice on their planning proposals we will carry out the risk assessment at that stage. It is recommended in all cases where proposed development overlies an identified area or its buffer zone, that advice is sought from a planning officer prior to submission.
In all cases, the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner.
No, unless the change is very minor and this should first be discussed with the planning officer. In the majority of cases however we are unable to consider amended plans during the determination of a planning application. This is because most planning applications (unless they are major applications) need to be determined within eight weeks. If changes were made, then people would have to be consulted again on those changes and the planning application would not be able to be determined within the time scale laid down by the government. Applicants are encouraged to obtain pre-application advice before submitting an application.
The legislation that allows householder to do works without planning permission is changing and the amendments to that Order come into effect on 1 October 2008.
Help on which proposals will need planning permission can be found at the Planning Portal website. A full copy of the new legislation can also be found online.
Alternatively you can apply to the council for confirmation of whether the proposal needs planning permission. This type of application is often referred to as either a ‘CLEUD’ (Certificate of Lawfulness of Existing Use or Development – for works or uses which have already started or been built) or a ‘CLOPUD’ (Certificate of Lawfulness of Proposed Use or Development – where works/uses have not started). These applications can be made online through the Planning Portal; alternatively the application forms can be printed from the council’s website or posted to you.
These ‘lawfulness’ applications are only required if you think that you need a decision from the council on whether the proposal needs planning permission, for example if you will be selling the property or need legal confirmation regarding any alterations or extensions you have made.
Please note, that whilst you may not require planning permission, consent under other legislation may still be needed such as consent under the Building Regulations and/or approval from the landlord.
The primary basis for consideration of any planning application is the Development Plan. This lists the policies that your proposals will be judged against. Other considerations will be our supplementary guidance, whether your house is in a conservation area or is a listed building. You may also want to check what other people have applied for in the area through the Planning Applications Database. Alternatively we do offer pre-application advice to potential applicants, please click here to find out how.
No - the council is not able to make recommendations for building companies
When planning permission was granted originally for some developments, permitted development rights may have been removed to allow the council to retain control over future development on the site. Therefore, before going ahead with any development you are advised to speak with a planning officer to determine whether permitted development rights have been removed.
How can I amend an application once permission has been granted?
You should begin by speaking with the Planning Officer who dealt with the original planning application or a duty officer. The officer will advise whether the alteration that is requested can be dealt with as (a) a minor amendment where amended plans will need to be submitted for formal agreement by us or (b) whether a further application for permission is needed.
Information on decisions made on planning applications can be viewed on the council’s website, at the council offices in Welwyn Garden City, or by phoning the Development Control Section. If you would like a copy of a decision notice, this can be obtained from the council where a charge of £12.50 is payable for each decision notice requested.
A decision on a planning application should be made no later than eight weeks from the date of validation of the application. This timescale does differ for major planning applications where the decision should be made within 13 weeks.
The cost for a householder application is £150. The cost for minor and major applications will vary depending on the nature and size of a development.
You can find an up-to-date schedule of fees here. If you are unsure of the correct fee you should be submitting, ask to speak with one of our planning technicians who will be able to assist you.
You will need to complete an application form either yourself or through an agent, such as a planning consultant or architect. This needs to be submitted with the plans detailing your proposals and the correct fee. The notes attached to the application forms detail all the information required. Further information is available within 'Application Forms and Guidance'.
Where do I get forms for a planning application from?
You can get an application form:
on our website - these forms can be printed off and completed by hand
- from the Planning Portal on the website, where you can fill in your application online
- from the council offices at Campus East in Welwyn Garden City
- by contacting the council on 01707 357000 and asking for the Planning's general administration section who will arrange to have one posted to you
- by sending us an email detailing what form you are looking for, and the address you would like us to post it to.
There are a number of different types of planning application forms. The most commonly used forms are the Householder form and the Full Planning form. The householder form is for people who wish to extend or alter or add to their house in some way. The full planning Application for Planning Permission and Reserved or Approved matters is used for all other types of development. There are also separate forms for alterations to Listed Buildings.
Plans need to be clear and detailed, and drawn to metric scale. You can draw your own plans, but most people will employ a planning agent or architect to do them. The council is not able to make recommendations in relation to agent/architect services.
A number of people will be notified of, or consulted on, your planning application. This will include neighbours of the site, elected members (your Ward Councillor), Town and Parish Councils and statutory consultees such as the Environment Agency and Hertfordshire Highways
91 per cent of applications are dealt with under delegated powers. This means that the case officer for the application makes a recommendation to the Head of Development Control who has the authority to make the decision on the application. All other decisions are made at the Development Control Committee which is made up of Elected Members. The Development Control Committee is open to all members of the public to attend and public speaking is permitted.
Welwyn Garden City is one of only two Garden Cities in the country. In recognition of the quality of the garden city environment and to protect the amenities of residents, the High Court in 1973 imposed a Scheme of Management covering most of the town.
The council is keen to ensure that the town's environment continues to be of the highest quality. Consent is required for:
- Extensions and alterations
- Alterations to or replacement of external windows and doors
- Garden Structures, such as walls and fences
- Hard surfaces
- Work to trees and hedgerows
This consent is separate from the need to apply for Planning Permission and Building Regulation approval which may also be required.
The Estate Management Scheme booklet gives more details.
The Estate Management Scheme Application Form can be downloaded here.
The Estate Management Scheme booklet gives more details. The Estate Management Scheme Application Form can be downloaded here. Further details of the scheme can be found here.