General Pre-application Advice
Introduction
A National Park is a special place and planning has an important role in creating a more sustainable future for the Park. By guiding and controlling development, the National Park Authority tries to provide for the needs of local communities whilst safeguarding and, where possible, enhancing the natural and built environment. We need to look after its special qualities whilst at the same time provide opportunities for people to enjoy it.
The National Park Authority
The North York Moors National Park is the statutory planning authority for the National Park. In consultation with the general public, it produces all the planning policies for the area in the North York Moors Local Development Framework and determines all planning applications within the Park boundaries. It also has to be notified of certain other forms of development such as farm buildings.
The National Park Authority does not deal with Building Regulations or Environmental Health. For advice on these matters you should contact your local District or Borough Council.
Planning Policy Context
All of the planning applications submitted to the National Park Authority are assessed having regard to national, regional and local planning policies. Planning policies cover a diverse range of matters such as housing, building design, employment, transport, cultural heritage and landscape.
The current system of Local Plans in England is gradually being replaced by ‘Local Development Frameworks’. In November 2008, the Authority adopted its Core Strategy and Development Policies which replaces the former North York Moors Local Plan. Together with the Regional Spatial Strategy to 2026 this is the Development Plan for the National Park against which all planning applications will be considered.
When Is Planning Permission Needed?
Planning permission is required for a wide range of development including building, engineering, mining or other operations or for changing the use of buildings or land.
Often simple things like putting up a shed, erecting stables or extending a garden could need planning permission - depending on the particular circumstances. However, planning permission is not always needed for some minor development which is defined as ‘permitted development’ under planning legislation. This depends on a number of factors such as whether or not there have been any previous additions to a property where a new extension is proposed.
Permitted development rights are also more limited in the National Park. In some instances these rights may have been restricted or taken away by planning conditions attached to an original permission. This could be to safeguard the appearance of an area or protect neighbours from extensions where there is limited garden space.
As the rules regarding permitted development are complex you are strongly advised to contact the relevant Area Planning Officer who will confirm whether or not planning permission is needed for your proposal. In some cases it may be necessary to submit brief written details and a sketch or complete one of the Authority’s Development Enquiry Forms in which case you will receive a written response confirming whether or not permission is required.
For further detailed advice on the need for planning permission, click here to access the Planning Portal's website guide to what needs permission. Please bear in mind the National Park is an Article 1 (5) area.
If you would like to know whether a change of use or a particular development eg conservatory needs planning permission, the Authority has a pre-prepared form which asks all the necessary questions. There is a charge of £10 for a response to a 'do I need planning permission?' enquiry. We will endeavour to reply within ten working days, however it should be noted that this timescale may not always be achievable due to many contributing factors such as the complexity of the development/history of the site or in some instances the need to undertake a site visit. Click here to download.
Pre Application Officer Advice
The Authority encourages and welcomes discussions on development proposals before the submission of a formal application. The Area Planning Officer can advise you whether your proposal conforms with the policies in the Local Development Framework and identify any problems that need to be addressed. In some instances there is a fee payable for this service. Click here for further details. Pre-application discussions are confidential but may involve consultation with other agences where appropriate such as the Highway Authority.
How to Make Representation
If you receive a letter, see a site notice or newspaper advertisment or are made aware of an application by word of mouth you can comment on another planning application. Such representations can be by letter, fax, email or by the Authority's on-line representation form. If you wish to make a comment on an application it must be in writing and will become a matter of public record available for inspection. The Authority can therefore not accept comments marked confidential as valid objections and any such documents will be returned to you.
The Planning Committee/Chief Planning Officer will only be able to take into account planning considerations (matters such as commercial competition, loss of privacy or loss to the value of a property will not normally be taken into consideration. But all planning matters will be taken into account by the decision maker if received in time. For more detailed information click here. This will take you to the Planning Portal's website explaining how to make representations.
How Do I Apply for Planning Permission
Applications should be submitted on the forms which can be obtained from the National Park office in Helmsley or downloaded from the Authority’s web site (details below). They can also be submitted on line. There are notes to assist with the completion of the forms and additional help is always available from the Development Control Administration team. A fee is payable for most types of application details of which are given with the application forms.
Unless your proposal is straightforward, you are strongly advised to employ a professional agent who will be familiar with the requirements of the planning system and can help your application be processed smoothly.
How Are Applications Assessed?
After the planning application has been submitted the Authority will, where appropriate, consult neighbouring properties and other relevant bodies asking for their views on the proposal. A site notice will also be placed on or near to the application site inviting comments. Details of current planning applications are also held on the Authority’s website.
All proposals for development are assessed against the planning policies which are set out in the Local Development Framework. Planning decisions must be made in accordance with these policies unless there are special circumstances that could override the normal policy considerations.
Development that is clearly contrary to the Local Development Framework is unlikely to be approved. If you are considering submitting a planning application, the Area Planning Officer can advise you about the relevant policies and whether your proposal conforms with them. A significant proportion of all applications submitted to the Authority are approved.
Design
The Authority requires a high standard of design for new development in order that new buildings conserve and enhance the special landscape quality and built environment of the National Park. The Authority adopted its Design Guide in June 2008 to help raise standards and encourage the good contemporary design of new development in the Park. The Design Guide can be viewed by clicking here.
What Happens to My Application?
For further detailed advice, click here to access the Planning Portal's website guide to the planning process.
Who Makes the Decision?
The Chief Planning Officer decides around 85% of applications, usually the more straightforward cases where all the views received accord with the Area Planning Officer’s recommendation. The remaining 15% of applications are determined by the Authority’s Planning Committee which meets in Helmsley once a month. You can speak at Planning Committee meetings to object to or support particular development proposals provided you have given notice to the Authority. Further information about the procedure is available on the Authority’s web site and is also provided in the leaflet ‘Have Your Say on Planning Applications’. This will automatically be sent to you if you are applying for permission or commenting on an application and the proposal has to be decided by the Planning Committee.
If you are interested in recent decisions taken by either the Chief Planning Officer or the Planning Committee click here.
The Consultation Process
As part of the processing of any planning application, a number of consultations will be carried out with a variety of statutory Government bodies and immediate neighbours. In the National Park this will typically involve the District and Parish Councils, Highway Authority, adjacent neighbours and in addition a range of consultations within the Authority may be carried out including Building Conservation, Public Rights of Way, trees, archaeology to ensure the full range of impacts from development are assessed. The summary of the consultation rresponses will be shown on the report produced for the Chief Planning Officer or Planning Committee who will decide your application.
After the Decision
We aim to issue decision notices within five working days of the Committee but brief details of the decision will also be available on our web site within 24 hours and by contacting the development control team. Decisions subject to a legal agreement or needing amended plans take longer to issue. If you have commented on an application you will also automatically be informed of the decision.
If your application is approved, it is likely to be subject to conditions that may require further details to be submitted before development starts on site - such as external materials for example. It is important that all conditions of a planning permission are complied with as failure to do so may render the permission invalid and may result in enforcement action.
If Your Application Is Refused
If your application is refused, the decision notice will set out the reasons for the refusal. You have a right to appeal against the decision to an independent Inspector appointed by the Secretary of State within 6 months of the date of refusal and the procedure for this is set out on the back of the refusal notice.
Alternatively, where the refusal relates primarily to issues of detail or design you may prefer to negotiate with the Authority and re-submit the proposal. However, this is not usually an option where the refusal relates to a fundamental policy objection.
If you have a complaint about the way your application was dealt with you can raise it through the Authority’s complaint procedure outlined in the leaflet ‘Complaints and Compliments’.
For more detailed information on the appeals process click here.
For more detailed information on how to appeal click here.
Both the above links will take you to the National Park Portal's detailed website guides on these matters.
Further Information
The national planning portal (www.planningportal.gov.uk) gives further general guidance on planning matters. The Government’s web site on planning includes further general advice on national planning policy and householder development (www.communities.gov.uk). Information is also available on the web site of the Royal Town Planning Institute (www.rtpi.org.uk). More specific advice about the planning service in the North York Moors is available on this web site.
Who to Contact
Please click here to view contact details for the three area planning teams. Our planning administration team can also put you in contact with the officer who deals with your area – telephone 01439 770657 or e-mail dc@northyorkmoors-npa.gov.uk.
