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					CONSULTATION CODE OF PRACTICE FOR NEIGHBOUR NOTIFICATION FOR PLANNING APPLICATIONS REVIEW OF PROCEDURE - MARCH 2006 It is Ealing‟s practice to notify more widely than the statutory requirement. The Town & Country Planning (General Development Procedure) Order 1995, as amended, particularly Article 8 applies (see Appendix). It is required that certain applications be advertised in a local newspaper, but many applications are advertised where the Council considers there to be a “wider interest” for more than the immediate neighbours. Where legislation offers a choice of using a site notice or notification letter to adjoining owner/occupiers, Ealing‟s normal practice is to notify neighbours by letter, but both methods are used when an application is advertised. In addition, the type of application may make it appropriate to consult local groups and amenity societies and specialist organisations (see Statement of Community Involvement and list captured on GIS). The timeframe for response is 21 days. Whether or not an owner/occupier is notified formally, anyone may make comment on an application. Comments are placed on the files and are “public documents”.

Criteria for selection of Neighbour Notification This practice note refers specifically to neighbour notification. In considering whom to consult on an application, the following will be taken into account:      Who is directly affected by the application Potential impacts of the application * The type of application The scale of application Regulations governing statutory consultation

* Examples would include potential overshadowing, loss of light; overlooking; loss of outlook; noise, smells or other disturbance; proposals likely to generate traffic; wider townscape impact. Officers shall consider the potential impacts of the application in deciding who is directly affected and how far the notification should extend to those living or working near the application site. Code of Practice The following table sets out the minimum notification appropriate for categories of development proposals. Where the likely impact of a proposal may be wider use the criteria for selection above and extend the notification.

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TYPE OF DEVELOPMENT
1. HOUSEHOLDER DEVELOPMENT Developments to side of property, including roof alterations

NOTIFICATION

Neighbours in two properties on each side of development site boundary and including those to rear. Neighbours opposite and the two closest properties either side. If the application site contains more than one unit, occupants of all units should be notified. Wider notification may be appropriate if a proposal is very prominent. Neighbours in two properties on each side. Neighbours backing onto rear in two closest properties, but wider for corner properties. If the application site contains more than one unit, occupants of all units should be notified. Wider notification may be appropriate if a proposal is very prominent.

Development to rear of property, including roof alterations

Developments to front of property, including roof alterations

Neighbours in two properties on each side. Neighbours opposite and the two closest properties either side, but wider for corner properties. If the application site contains more than one unit, occupants of all units should be notified. Wider notification may be appropriate if a proposal is very prominent.

Boundary fencing

Neighbours on the development boundary.

Vehicular access

Neighbours in two properties on each side and properties directly opposite.

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2. RESIDENTIAL DEVELOPMENT Conversions of houses into two or more units and conversions with extensions All immediately adjoining properties and neighbours in two properties on each side, (including those to the rear of the property), and neighbours opposite in 3 closest properties. If the application site contains more than one unit, occupants of all units should be notified. All immediately adjoining properties and neighbours in two properties on each side, (including those to the rear of the property), and neighbours opposite in 3 closest properties. If the application site contains more than one unit, occupants of all units should be notified. If new access is separately located from the main development, neighbours opposite the access point in the three closest properties.

New residential development: Minor application i.e. up to, but not including, 10 units

New residential development: Major application i.e. 10 units and more

Neighbours in properties within 50 metres of the development site (measured proposed building to existing building). If the application site contains more than one unit, occupants of all units should be notified. If new access is separately located from the main development, neighbours opposite the access point in the three closest properties. Wider notification may be appropriate for large scale developments taking into account the above Criteria for Selection.

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3. NON –RESIDENTIAL DEVELOPMENT Redevelopments, Structures and Physical Development on, over or under land: Minor development i.e. less than 1000 sq. m. floorspace All immediately adjoining properties and neighbours in two properties on each side, (including those to the rear of the property), and neighbours opposite in 3 closest properties. If the application site contains more than one unit, occupants of all units should be notified.

4. CHANGES OF USE Minor development i.e. site area less than 0.5 hectares or floorspace less than 1000 sq. m. All immediately adjoining properties and neighbours in two properties on each side, (including those to the rear of the property), and neighbours opposite in 3 closest properties. If the application site contains more than one unit, occupants of all units should be notified. Neighbours in properties within 50 metres of the development site (measured proposed building to existing building). If the application site contains more than one unit, occupants of all units should be notified. Wider notification may be appropriate for large scale developments taking into account the above Criteria for Selection.

Major development i.e. site area more than 0.5 hectares or floorspace 1000 sq. m. or more

5. ALL OTHER EXTENSIONS/ALTERATIONS

Neighbours in two properties on each side of development site boundary and including those to rear. Neighbours opposite and the two closest properties either side. If the application site contains more than one unit, occupants of all units should be notified. Wider notification may be appropriate if a proposal is very prominent.

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Procedure Notes on Neighbouring Notification a) This Code of Practice defines a minimum neighbour notification. Wider consultation may be appropriate after reviewing the Criteria for Selection. b) Check the previous planning history to ensure that any neighbours who made representations on any similar proposals are identified and notified c) By the term „Neighbour‟, it is meant current occupier whether or not owner of property. d) The code always refers to „Neighbours‟ in the plural in order to ensure that the intention is to notify all those occupiers on neighbouring land which may be divided up into separate properties/units. e) Existing occupants of the application site should be notified where the applicant is not the occupant or the sole occupant f) Neighbour notification will be on the basis of best reasonable knowledge. Notification letters will ask the first recipients to kindly pass the letter/notification information on to other known occupiers. g) At the site visit the case officer will check that all occupants of the site have been notified and check for new development near the application site and include occupants in additional notification

Notification on Revised Applications There is no statutory requirement to publicise or re-consult on amended applications, but Government advice in circular 15/92 is that in deciding whether further publicity/consultation is desirable, local planning authorities should take into account the following considerations: (a) were objections or reservations raised at an earlier stage substantial and, in view of the local authority enough to justify further publicity? (b) are the proposed changes significant? (c) did earlier views cover the matters now under consideration? (d) are the matters now under consideration likely to be of concern to parties not previously notified? In Ealing, if an application is amended and officers consider that the amendments raise new issues, then a further notification may be carried out. Where such a major amendment is submitted, all neighbours that were notified on the original proposal, and relevant consultees, including any additional consultees/neighbours that might be identified, will be notified by written letter. Site notices and press notices will not be repeated. A new 14 day consultation period will commence from the date of the notification letter, and details of the amended application will be updated on the Planning Services website.

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APPENDIX 1
STATUTORY MINIMUM REQUIREMENTS

The Town & Country Planning (General Development Procedure) Order 1995, as amended, particularly Article 8 applies – please see the extract below, with the relevant general consultation highlighted in larger bold type.

Publicity for applications for planning permission 8. - (1) An application for planning permission shall be publicised by the local planning authority to which the application is made in the manner prescribed by this article. (2) In the case of an application for planning permission for development which (a) is the subject of an E.A. Schedule 1 or E.A. Schedule 2 application accompanied by an environmental statement; (b) does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or (c) would affect a right of way to which Part III of the Wildlife and Countryside Act 1981[9] (public rights of way) applies,

the application shall be publicised in the manner specified in paragraph (3). (3) An application falling within paragraph (2) ("a paragraph (2) application") shall be publicised by giving requisite notice (a) by site display in at least one place on or near the land to which the application relates for not less than 21 days, and (b) by local advertisement.

(4) In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised by giving requisite notice (a) (i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or (ii) by serving the notice on any adjoining owner or occupier,

and (b) by local advertisement.

(5) In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by giving requisite notice 6

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or (b) by serving the notice on any adjoining owner or occupier. (6) Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the authority shall be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement. (7) In this article "adjoining owner or occupier" means any owner or occupier of any land adjoining the land to which the application relates;
"E.A. Schedule 1 application" and "E.A. Schedule 2 application" have the same meanings as "Schedule 1 application" and "Schedule 2 application" respectively in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988[10] (interpretation); "major development" means development involving any one or more of the following (a) the winning and working of minerals or the use of land for mineral-working deposits; (b) waste development; (c) the provision of dwellinghouses where (i) the number of dwellinghouses to be provided is 10 or more; or (ii) the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or (e) development carried out on a site having an area of 1 hectare or more;
"requisite notice" means notice in the appropriate form set out in Schedule 3 to this Order or in a form substantially to the like effect; "waste development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.

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