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Frequently Asked Questions

 
 
Where can I see the Local Plan for my Town/Village?
The complete Local Plan is available online. Click on 'Inset Maps' for a list of the Towns and Villages available.
 
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What 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) 1990.
 
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What 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 character,
  • 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 381
 
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Why 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.
 
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What is the difference between Planning Permission and Building Regulations Approval?
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 orders.
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.
 
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Do I 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.
 
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What 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.
 
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What 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 planning permission.
 
How will I know if planning permission is required?
If 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 online forms page.
 
You can contact Development Control on (01653) 600666 ext 381 or email: dm@ryedale.gov.uk
 
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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.
 
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How 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 Committees.
 
Once a decision has been reached the applicant or agent will receive written notification of the decision.
 
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How 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 eight weeks.
 
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.
 
For more information please see the Planning Portal website: Making an Appeal.
 
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How 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 you.
 
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.
 
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How 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:
Development Control
Ryedale District Council
Ryedale House
Malton
YO17 7HH
or email: dm@ryedale.gov.uk
For more information please see the leaflet Have Your Say (PDF, 40k).
 
Comments can also be sumitted on the planning applications register.
 
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Can I speak to someone in Planning (Development Control)?
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.
 
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What will a Planning Application cost?
 
Please see Planning Application Fees (PDF, 41k).
 
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Do I pay to discharge conditions?
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 was granted.

For further information please see Discharging Planning Conditions - Questions Answered (PDF, 55K).

Requests to discharge conditions should be made on the standard forms entitled “Application for Approval of Details Reserved by Condition” which can be found on our online forms page.
 
 
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How 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.
 
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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 any work.
 
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How 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.
 
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Is my building listed?
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.
 
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How 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.
 
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How 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.
 
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Can 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 website.
For Ryedale District Council Local Plans Policies that relate to the historic environment see Chapter 9 of the Ryedale Local Plan.
 
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Are 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.
 
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Can 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.
 
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How can I avoid liabilities for damage caused by my trees?
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.
 
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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 dm@ryedale.gov.uk.
 
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Ryedale District Council, Ryedale House, Malton, North Yorkshire, YO17 7HH, Tel: (01653) 600666, Fax (01653) 696801, Email: enquiries@ryedale.gov.uk