Agricultural occupancy condition work in King’s Lynn, Norfolk
For help with listed building work in King’s Lynn or anywhere else in Norfolk, get in touch with our experts at JCJ Planning today.
Agricultural occupancy conditions
If you own a dwelling which has an agricultural occupancy condition but is no longer used for such purposes this can be particularly restrictive. In particular, should you decide to rent or sell the property this must be targeted to people who work in agriculture or forestry and it will significantly reduce the value of your asset. Alternatively, you may already occupy such a dwelling and wish to regularise the breach of planning control.
If we cannot demonstrate the appropriateness of the site to the use, then the LPA will likely refuse the application. As you would expect, JCJ Planning will take you through each stage personally to ensure that you are well informed and aware of each stage in the process and the next actions, should we receive an initial objection.
Listed building consent
JCJ Planning has a wealth of experience in dealing with both conservation area and listed building consents. We can help steer your application through the planning system, speeding up validation of applications and preventing lengthy delays.
To check if your property is listed you can consult the National Heritage database (https://list.english-heritage.org.uk/). You can also contact your LPA to check if the building is locally listed or deemed to be a Heritage Asset.
If your property is a listed building, you will need listed building consent if you wish to demolish or partially demolish it; or alter or extend it in any manner which would affect its character, as a building of special architectural or historic interest. For example, this may include the removal and replacement of doors and windows; alterations to the interior fabric of your house; or an extension to your house.
Concerned neighbour?
Contact JCJ Planning for third party representation
An important part of the planning system is the requirement for neighbour and community consultation. This provides anyone affected by proposals to have their say and make comments on an application.
It is possible to support or object to a proposed development and this can impact on the decision of the Local Planning Authority (LPA).
For example, you may be a neighbour who is concerned about a new development being proposed next door and how this might impact on your privacy or the character of the local area/setting of your property.
Third party planning applications; objections can be difficult to take, but they are to be expected in all types of situation.
For example, this can be particularly important if you happen to live within a Conservation Area, an Area of Special Landscape Character or if your dwelling is a listed building.
Furthermore, you may be a member of a local community group who is concerned over new development proposals which may affect your village or town. In such circumstances, JCJ Planning can provide professional advice to represent your interests and those of the community.
JCJ Planning can make representations to the Local Planning Authority on your behalf.
We are also able to attend committee meetings and present to local members on your behalf.
Design and access statements
These statements are typically required for most local applications excluding householder applications (unless in a conservation area) and changes of use where there are no material external alterations.
D&A statements should include the following headings:
Use – What buildings and spaces will be used for.
Amount – The number of proposed units for residential use and the amount of floor space and distribution of other uses. Where the development involves an extension to an existing building, the additional floor space, volume and overall dimensions should be set out.
Layout – The way the buildings, routes and open spaces are provided, placed and orientated to each other. The statement should show that safety and security issues have been fully taken into account. The relationship of the buildings to adjacent streets and open spaces is particularly important.
Scale – The height, width and length of a building in relation to its surroundings. This needs to be justified in terms of local character, council policy and guidance and urban design principles.
Landscaping – How open spaces will be treated to enhance and protect the character of a place. The statement should consider how the landscaping can enhance the buildings and surrounding area whilst at the same time be sustainable and improve biodiversity.
Design and access statements (cont)
Appearance – What the building and spaces will look like, for example, building materials and architectural details.
Access – The statement needs to include two potential aspects of access. That is not to say they are separate, and the statement should show that all access issues have been considered together.
Vehicular and transport links – Why the access points and routes have been chosen, and how the site responds to road layout and public transport provision.
Inclusive access – How everyone can get to and move through the place on equal terms regardless of age, disability, ethnicity or social grouping.
JCJ Planning has considerable experience in preparing D&A statements and can ensure that they are appropriate in terms of the level of detail to reflect the scale and significance of the proposed development. We follow the CABE good practice guidance to ensure our D&A statements are clear and easy to understand for all involved, which we believe helps to move things along with fewer hold ups.
“Courteous, professional and efficient approach to the tasks in hand.”
Val Nurse
Conservation area consent
Conservation area consent is required for the total or substantial demolition of any unlisted building within a conservation area.
If your site is in a conservation area, you will require conservation area consent for the following:
Demolition of a building with a volume of greater than 115 cubic metres. There are some exceptions to this.
Demolition of any wall, fence, gate or railing over 1 metre in height which is adjacent a highway (including a public footpath or bridleway) or public open space; or over 2 meters in height elsewhere.
Works to trees in a conservation area also required, whether or not it is covered by a Tree Preservation Order, to give notice to the Local Planning Authority (LPA). As part of this process, the LPA may consider the tree makes an important contribution to the conservation area and decide to protect the tree by way of a Tree Preservation Order.
Conservation area consent (cont)
Work not requiring consent
Some LPAs use powers under planning legislation (e.g. Article 4 directions) to control changes that would otherwise be permitted elsewhere. For example, this can include replacing windows, installing certain types of cladding, inserting dormer windows, and putting up satellite dishes which are visible from the street. Before commencing works it is important to check with the LPA that no Article 4 directions are in place.
What happens if I carry out work without consent?
It is a criminal offence to carry out work that requires conservation area consent, without having obtained that consent, and might result in prosecution. LPAs can require that all work undertaken without consent is reversed and use the full range of enforcement powers to see that this is complied with.
Please note that consent can be applied for retrospectively. However, there is no guarantee that permission will be granted and prosecution may still take place.
