Frequently Asked Questions
can I see the Local Plan for my Town/Village?
The complete Local Plan
available online. Click on 'Inset Maps' for a list of the
Towns and Villages available.
is a Conservation Area?
"An area of special architectural or historic interest the
character of which it is desirable to preserve or enhance".
Planning (Listed Building and Conservation Areas Act)
controls apply in a Conservation Area?
There are a number of special controls and requirements that
apply to Conservation Areas in order to protect their
- Consent is needed to demolish buildings and other structures.
Generally this will be resisted unless it would improve the
appearance of the Conservation Area.
- New developments must be well designed and the use of
traditional materials will normally be required.
- New buildings, extensions and alterations must preserve or
enhance the appearance of the Conservation Area.
Planning applications are needed for some types of
development, which may not need permission outside a Conservation
Area. These include large houses or industrial extensions, dormer
windows, cladding external walls of a house. Satellite dishes
facing the highway, illuminated advertisements.
To get full details and confirm if you need to apply for
permission please contact our office on 01653 600666 ext
are conservation areas important?
No two conservation areas are the same. What they all have in
common is that their architectural or historic interest and special
character is worth conserving and enhancing. All conservation areas
in Ryedale have details or features which help create their
character or individual identity. For example this can be
architectural style, a particular construction, material or street
surface, or a setting in the landscape.
is the difference between Planning Permission and Building
Planning Permission deals with the use of land, the appearance
of buildings, landscaping considerations, highway access and the
impact that the development will have on the general environment.
Ryedales Planning Officers deal with planning applications and also
listed buildings, conservation areas and tree preservations
For more information the Guide to Planning Building
Regulations are concerned with how a building is constructed. They
ensure that building work is carried out to approved standards in
the interests of the people who will use the building. They include
structural stability, fire safety, drainage and waste disposal
issues, ventilation, conservation of fuel and power, glazing
safety, access and facilities for disabled people.
need Building Regulation approval?
Generally speaking, a Building Regulation application is
required for most types of development. However, there are certain
exemptions. If you have any queries please contact one of our
Building Control Officers; their address is Suite 2, Coxwold
House, Easingwold Business Park, Easingwold, York, YO61 3FB
or telephone 01347 822703.
must I do if Building Regulations apply?
If your works require Building Regulations approval, there are
two procedures to choose from:
(a) Deposit of Full Plans - this is where detailed plans of
the proposed building works are submitted, together with
application forms and appropriate charge. The submitted plans will
be thoroughly checked by the Council. If further information or
clarification is required, you or your agent will be notified.
Where the work shown on the plans complies with the Building
Regulations, you will be issued with an approval notice. When the
completed works comply with the Regulations a completion
certificate will be issued.
(b) Submit a Building Notice - this consists of a Notice and
appropriate charge. An approval notice will not be given for a
Building Notice and unlike Full Plans there is no procedure to seek
a determination from the Secretary of State if there is a dispute
between you and the Council. However, it does avoid the time
consuming process of having detailed plans prepared, as well as
removing from the Authority the burden of plan examination, placing
more emphasis on site inspection to ensure compliance. When the
completed works comply with the Regulations a completion
certificate will be issued.
Should Building Regulations not apply, it is advisable to
complete a Development Enquiry form. This is checked for exemption
from both Planning and Building Regulations approval and a letter
confirming the department's decision is dispatched to you. This
proves to solicitors and building societies etc, that work is
exempt, thus reducing time and expense on lengthy searches when
selling the property.
needs planning permission?
The best advice, whatever the circumstances, is to have a word
with our staff on (01653) 600666 ext 381. New buildings, major
alterations or enlargement of existing buildings and changes in use
of buildings and land are development, and will normally need
will I know if planning permission is required?
you are unsure whether Planning Permission is required you can
complete a Development Enquiry Form and send it to Development
Management, Ryedale District Council, Ryedale House, Malton, North
Yorkshire, YO17 7HH. We will require a fee of £25 (no VAT). You
will receive a written response. Please note: as from 1st April
2011 if you require a response from Building Control we will
require an additional fee of £10 + VAT.
The forms are available on the Planning section on the
You can contact Development Control on (01653) 600666 ext 381
or email: firstname.lastname@example.org
How do I apply for planning permission?
If it is confirmed that planning permission is required, you
will need to submit a planning application. Remember, it may take
up to 8 weeks or longer to get a decision. Before completing your
application forms we advise you to read the guidance notes which
accompany the forms. You will need to supply all the necessary
plans, certificate of ownership and correct fee to enable us to
deal with your application promptly.
Please call at reception or contact 01653 600666 ext 381 if
you need help with completing the forms.
is my planning application processed?
A new planning application is firstly checked to ensure that
it has been correctly completed and that the drawings adequately
illustrate the proposal. If there are no problems then a written
acknowledgement is sent to the applicant or agent. Details of the
application are then entered on to the "planning register" for the
public to inspect.
The Council has to carry out a number of consultations on each
application depending on the type and complexity of the proposal.
The appropriate town or parish council and the County Council
Highways Department are consulted on all planning applications. In
more complex cases it may be necessary to advertise the proposal
and consult with other organisations, for example the Environment
Agency. Neighbours are consulted on most applications.
The Planning Officer dealing with the application will inspect
the site and prepare a report summarising the observations received
and the planning considerations. In reaching his or her
recommendation, the Officer will consider all the replies received,
Government advice, the County Structure Plan, Local Plan and any
other relevant policies or considerations.
A decision is then made under the Scheme of Delegation (by the
Head of Planning Services) or by one of the Area Planning
Once a decision has been reached the applicant or agent will
receive written notification of the decision.
can I appeal against a planning decision?
Applicants can appeal to the Secretary of State for the
Environment, Transport and Regions. They can appeal against a
refusal of planning permission, a condition attached to a
permission, or the failure of the Council to give a decision in
Details of how to appeal will accompany the decision notice.
Appeal forms are available from the Planning Inspectorate in
Bristol or from the department.
There is no similar right of appeal for an objector who is
aggrieved by the decision to approve a proposal.
can I find out about planning applications?
If anyone applies for permission to carry out work on land or
to buildings which you own, they will have to notify you formally
that they are doing so.
If a planning application has been submitted relating to
property near or adjacent to your property, you may be notified of
the proposal by the council if it is thought to directly affect
Large-scale planning applications and those affecting
conservation areas or listed buildings will be advertised on a
weekly basis in the Public Notices section of the local press. Site
notices will also be posted.
Very often people hear about development proposals through
rumours or articles in the local press. If you want to find out
more about any planning applications, you can look at the Register
of Applications which is kept at Ryedale House, Malton. Plans
relating to individual planning applications are available for
public inspection from the date that they are submitted to six
months after the date of the decision. If you have difficulty
understanding these plans, a Planning Officer will be happy to
explain them to you.
can I comment on a planning application?
Anyone can object to or comment on a planning application.
Please state clearly the application reference number, and why you
think permission should or should not be given.
Please send your comments as soon as possible, as a time limit
is set to enable applications to be decided quickly. To:
Ryedale District Council
I speak to someone in Planning (Development
There is a counter service at the Reception Desk at Ryedale
House, Malton. It is manned from 8.30 am to 5.00 pm Monday to
Thursday and 8.30 am to 4.30pm on Friday.
What will a Planning Application
Do I pay to discharge
A fee will be required for all
requests for approval of details to discharge conditions attached
to planning permissions and requests for confirmation that
conditions have been complied with, regardless of when permission
do I report unauthorised development?
In order to protect our environment, the departments Planning
Enforcement officers follow up complaints and wherever possible,
try to resolve problems by negotiation at an early stage.
The breach of Planning Control could involve development
without permission, building works being undertaken not in
accordance with approved plans, or conditions on a planning
permission not being observed.
If you suspect that unauthorised development has taken place,
please contact us. Our Enforcement Officer will investigate and
report back to you on her findings. Your information will be
treated as confidential.
What is a listed building?
Any building or structure which is considered by English
Heritage to be of special architectural or historical interest is
in a register of listed buildings. Generally all buildings from
before 1700 and good examples of those built between 1700 - 1840
are included. From 1840 onwards, only buildings of particular
interest are eligible. Owners of listed buildings will need to
apply for consent if they propose to demolish the principal
building or curtilage buildings or to carry out internal or
external alterations which will materially affect the character of
such buildings. As with planning permission the best advice is to
check with the Development Control Department before you undertake
do I check if a building is listed?
If your property is either added to or removed from the
register of listed buildings, you will receive notification in
writing. If the building was listed before you became an owner, its
listing will normally appear in the solicitor's search when you
purchase the property. If you are interested in the details of the
listing you can inspect or obtain a copy of the list description
from Foward Planning and Conservation.
English Heritage administers a database of listed buildings,
and can provide free copies of 'listing description' of up to three
buildings within three working days (or next working day for a
fee). This description provides the 'grade' of the listing as well
as a brief description of the exterior (or interior where
applicable) features, which led to the listing. This service can be
requested by calling 0207-208-8221.
do I get a building listed?
If you wish to have a building added to the Statutory List of
Buildings of Special Architectural or Historic Interest, you can
write to the Department of Culture, Media and Sport at Listing and
Archaeology Branch, 2-4 Cockspur Street, London SW1Y 5DH.
do I apply for Listed Building Consent?
You must submit an application to the Council. It may also be
necessary to apply on a separate form for Planning Permission and
it should be noted that certain of the developments permitted by
the Town and Country Planning (General Permitted Development) Order
don’t apply to Listed Buildings. In most cases, application for
both can be considered at the same time. The whole procedure takes
about 8 weeks (longer in the case of Grade I and II buildings, or
where demolition is to take place), so it’s a good idea to apply
well before you want to do any works. The submission of clear and
accurate information will help the Council process applications
quickly and efficiently.
I get financial help for my listed building?
Some work on listed buildings enjoys a better position
regarding the payment of Value Added Tax. At present this applies
to works of alteration. In order to establish whether specific
works will be exempt from VAT it is best to contact the Customs and
Excise VAT Advice Centre on 0845 010 9000 or on-line. The
publication covering VAT and protected buildings is VAT notice 708:
Building and Construction (July 2002).
Ryedale District Council can also offer historic building
grants for repair work to certain buildings within the commercial
core of the market towns. For further details contact Emma Woodland
- Building Conservation Officer at Ryedale District Council, also
has information about historic built environment.
The Department for Environment, Food and Rural Affairs also
has a Farm and Conservation Grant Scheme for repairs to traditional
farm buildings currently in use as agricultural buildings. Contact
DEFRA on 01609 767400 for further details, or visit the DEFRA
For Ryedale District Council Local Plans Policies that relate
to the historic environment see Chapter 9 of the Ryedale Local
trees with a Conservation Area protected?
All trees within a Conservation Area with a stem diameter 75mm
are protected. The difference from a Tree Preservation Order is
that rather than obtaining consent of the District Council before
carrying out work you are only required to give six weeks written
notification of your intention to carry out work to the tree.
I fell any trees without a Felling Licence?
If the trees are not within a Conservation Area or protected
by a Tree Preservation Order you can fell up to, 5 cubic metres
(m3) of timber, in a calendar quarter if the timber is for your own
use. This drops to 2m3 if the timber is to be sold.
can I avoid liabilities for damage caused by my
There is no avoiding these liabilities, particularly where it
can be shown that a tree owner has been negligent. The situation
should not arise if regular inspections are carried out by a
qualified and experienced Tree Surgeon.
Trees nuisance on boundaries do I have the right
to prune back my neighbours tree to my boundary?
You have a common law right to prune back both branches and
roots to your boundary. However, you must take care nor to render
the tree dangerous. All cuttings must be given back to the owner of
the tree or at least offered back. If the tree is covered by a Tree
Preservation Order or stands in a Conservation Area the Common Law
right is lost. The advice and consent of the District Council
should then be sought to do work on the tree.
Contact the Council's Tree and Landscape Officer on 01653
600666 ext 459 or email email@example.com