Smoking Areas

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					Smoking Areas
your guide to planning requirements
      1. Introduction
      This guidance note provides                         ways of providing facilities for smokers.
      information regarding the Planning                  It should be noted that the advice and
      requirements for the development of                 guidance given is solely to provide
      land for the purpose of a                           guidance in so far as it relates to the
      covered/smoking area. The guidance                  needs for planning permission and
      also summarises the implications that a             factors to be taken into account in
      smoking / covered outdoor area may                  deciding whether or not to grant
      have for the Health Act 2006                        planning permission.
      Amendment, which came into effect
      on July 1st 2007, to enforce smoking                It should also be noted that separate
      bans throughout England.                            permission and advice from the
                                                          Council’s Environmental Services Team
      It is not a legal requirement to erect a            is required to enable a covered area
      structure to cater for the smoking ban              to be used as a smoking area.
      regulations, however should you wish                A comprehensive interpretation of the
      to erect such a structure, the                      Health Act 2006 should be gained
      information contained within this                   from discussions with Council’s
      guidance note will provide advice to                Environmental Services Team.
      those considering

1   Smoking Areas - your guide to planning requirements
2. Enclosed and                            This is known as the 50% rule.

substantially                              A roof includes any fixed or movable

enclosed premises                          structures, such as canvas awnings.
                                           Tents, marquees or similar will also be
                                           classified as enclosed premises if they
Section 2 of the Health Act 2006 sets
                                           fall within the definition.
out that premises that are open to the
public, or are used as a place of work
by more than one person or where           3. Is Planning
                                           Permission required?
members of the public might attend to
receive or provide goods or services
are to be smoke free in areas that are
enclosed or substantially enclosed.        Proposals to carry out works to a
These regulations define what is meant     Public House or other buildings to
by “enclosed” and “substantially           provide for open sided and/or outside
enclosed” premises.                        facilities for smoking customers or
                                           general use, you are likely to require
Premises will be considered to be          planning permission. An assessment as
enclosed if they have a ceiling or roof    to whether to grant planning
and, except for doors, windows or          permission is based initially on planning
passageways, are wholly enclosed,          policies that are set out in the
whether on a permanent or                  Wolverhampton Unitary Development
temporary basis.                           Plan 2006 (UDP), and any other
                                           material considerations.The UDP can
Premises will be considered to be          be viewed via the Council website at:-
substantially enclosed if they have a
ceiling or roof, but there are             ent/planning/policy/udp
permanent openings in the walls which      Public Houses and similar other
are less than half of the total areas of   buildings play an important role within
walls, including other structures which    our community.They are places for
serve the purpose of walls and             people to come together and are
constitute the perimeter of premises.      essential for a sustainable community.
When determining the area of an            Current legislation has introduced a
opening, no account can be taken of        non-smoking environment inside our
openings in which doors, windows or        Public Houses and other premises (as
other fittings that can be open or shut.   defined under the Health Act 2006),

                                                             Wolverhampton City Council   2
      and therefore it is important that any            • Tables or chairs that are mounted
      alterations to an existing Public House             or fixed into the ground on a
      or other premises for the purpose of                permanent basis;
      creating a smoking area are not
      detrimental to the surrounding                    • The permanent attachment of an
      environment. As many Public Houses                  awning to an existing structure;
      and other such buildings are within or
      next to residential areas, it is important        • A free-standing awning that is not
      that any additions do not have any                  removed when not in use;
      adverse effects on these areas.
                                                        • Advertising consent will be needed
      Planning Permission will be required for            for a structure that incorporates an
      any physical works to the exterior of a             advertisement beyond the
      Public House which will include the                 parameters of what is permitted
      erection of smoking shelters, partly                under the Town and Country
      enclosed extensions, patio heaters,                 Planning Act 1990.
      Jumbrellas/parasols, awnings, decking
      and so forth.The use of land for a beer           Please note that the construction of a
      garden or drinking terrace/patio may              smoking shelter or equivalent needs to
      not always require planning permission,           comply with the requirements of the
      particularly if it is within the curtilage        Health Act 2006 and may also have
      of the premises.                                  implications for a Licensed Premises.
                                                        You are therefore strongly advised to
      Examples of development to Public                 contact the Licensing and Support
      houses and similar buildings which                Services Section when considering an
      require permission include:-                      application for planning approval of
                                                        such a structure, to discuss whether a
      • Jumbrellas/Parasols that are fixed or           variation to your existing Premises
        mounted into the ground on a                    Licence is also required.
        permanent basis;
                                                        It is important to keep the following in
      • Any exterior extension/alteration
                                                        mind when designing a scheme and
        to a building;
                                                        submitting a planning application for
      • The erection of any permanent                   any of the following alterations to a
        free-standing structure (eg: play               Public House or other building for the
        equipment);                                     purpose of a smoking/ sheltered area:-

3 Smoking Areas - your guide to planning requirements
3.1 Jumberellas/Parasols & Awnings          3.2 Partly Enclosed Extensions
    Jumbrellas or Parasols are a way of         A partly enclosed extension to an
    providing shelter in an outdoor             existing Public House or other
    area such as a beer garden.They             similar buildings for the purpose of
    are permanent fixtures that may be          an all weather smoking area/
    mounted into the ground and often           general use can be an attractive
    contain lighting as well as heating.        addition. However, it is important
    Jumbrellas, parasols and awnings            that any extension is well designed
    come in a range of colours, so it is        but also that it does not have
    important that the Jumbrella blends         adverse effects on the amenity of
    in with the existing building and           any surrounding residential areas in
    does not appear visually obtrusive.         respect of the following:-
    Awnings over beer gardens for the
    purpose of smoking areas need           • Noise
    similar measures as indicated for         Placing a partly enclosed extension
    Jumbrellas. Due to awnings and            on a façade of a Public House or
    Jumbrellas deteriorating within a         other building that has previously
    short time period, only Temporary         not been used for smoking
    Planning Permission (normally 5           areas/general purpose, can have
    years) will be granted for such           adverse amenity effects from noise
    structures. When submitting an            if placed in close proximity to
    application for a Jumbrella/Parasol       neighbouring dwellings.The design
    or an awning, it is important to take     and siting of the extension must
    the following into account-               avoid unacceptable noise
                                              disturbance to neighbouring
-   Does the location, design, colour,
    material and scale of the Jumbrella     • Loss of car parking and traffic
    or awning respond positively to the       demands
    visual setting of the Public House        The development should not result
    or other building and the                 in the unacceptable loss of car park
    surrounding Environment?                  spaces, or affect a servicing area or
                                              access. For example, if the car park
-   Is the Public House or other              is at capacity, or there are existing
    building a listed building or in a        problems of on-street parking in
    conservation area? (see section 3.5       the vicinity, this may make the
    for more information)                     development unacceptable.

                                                              Wolverhampton City Council   4
          Alternatively, if the development             3.3 Tables & Chairs
          significantly increases the patronage             The use of a forecourt of a public
          of the public house or other                      house or similar establishment for
          building, consideration will be given             the siting of tables and other non-
          to the adequacy of the car parking/               permanent structures will not
          servicing areas and surrounding                   usually amount to development
          highway network. Replacement                      requiring planning permission.
          parking may need to be provided.                  However, where such structures
          To discuss the transport                          are to be placed on the public
          implications of your proposed                     highway, then a highways licence
          development, please contact the                   will be required from Licensing and
          Transport Development Team.                       Support Services.The Council will
                                                            take into account a number of
          It will often be more acceptable for              issues including the obstruction of
          a partly enclosed extension to a                  the highway, pedestrian safety,
          Public House or other such building               nuisance to adjoining residents,
          to be placed in areas that have                   protecting the amenity, character
          previously been used as part of the               and appearance of an area, historic
          building, for example, an existing                buildings, refuse, cleaning
          beer garden.                                      arrangements and potential
      • Design and Appearance                               intensification of the use. Detailed
        Partly enclosed extensions also                     advice is available from the
        need to be well designed and of a                   Licensing and Support Services
        scale, materials and colour that                    Section.
        compliments the existing Public
        House or other building as well as              3.4 Beer Gardens
        blending with the character of the                  The use of land for a beer garden
        surrounding environment. Planning                   or drinking terrace/patio may not
        applications should also contain                    always require planning permission,
        details of waste receptacles for                    particularly if it is within the
        patrons using the smoking areas.                    curtilage of the premises. Where
        Extensions will also need to be able                permission is required, either for
        to comply with the requirements                     the use of the land or for any
        under the Council’s Supplementary                   physical structures, the Council will
        Planning Guidance - ‘Access &                       consider carefully the possible
        Facilities for People with Disabilities.’           impact on noise sensitive premises

5 Smoking Areas - your guide to planning requirements
   and the visual impact of any
   proposal.The Council will have
   particular regard to the visual
   impact in relation to listed buildings
   and conservation areas which is
   described in more detail below.
                                            listed buildings, must demonstrate
                                            that there is no adverse impact on
3.5 Alterations to listed buildings or      the building’s special architectural or
    buildings within a conservation area    historic interest or its visual setting.
    Many buildings within
    Wolverhampton are of historic or        Proposals for additions such as
    architectural interest, which may be    Jumbrellas/Parasols or awnings are
    either listed (statutory or local) or   not appropriate for listed Public
    situated within or adjacent to a        Houses or other such buildings or
    conservation area. Historic buildings   those within a Conservation Area if
    are an irreplaceable record of the      they are visually obtrusive and
    past, which must be protected for       interfere with the visual setting of
    future generations. In addition to      the listed building or the
    normal controls over development,       Conservation Area.
    the Planning (Listed Buildings and
    Conservation Areas) Act 1990            Planning applications for partly
    provides specific protection for        enclosed extensions to a listed
    buildings and areas of special          building or a building within a
    architectural or historic interest.     Conservation Area will only be
    Applications for alterations to         permitted where it can be clearly
    Public Houses or other such             demonstrated that the special
    buildings for the purpose of            architectural or historic interest of
    providing cover for smoking or          the listed building, including its
    other outdoor activities, which may     setting or the Conservation Area,
    affect a conservation area or its       will not be adversely affected.
    setting, must demonstrate that the
    character or appearance of the          Note: In addition to planning
    conservation area is preserved or       permission, Listed Building
    enhanced. Similarly, applications for   Consent must be obtained from
    alterations to Public Houses or         the Council for any such works to
    other such buildings which are          a listed building.

                                                           Wolverhampton City Council   6
                                               4. Useful contact
                                               Access Officer:
3.6 Facilities for people with disabilities.   01902 555411
    Any applications for structures to         planning.policy@
    be used for covered areas/smoking
    shelters will be required to comply
    with the requirements of                   Conservation:
    Supplementary Planning Document:           01902 555622
    ‘Access & Facilities for People with       conservation@
    Disabilities, and relevant accessibility
    policies of the Wolverhampton
    UDP.                                       Environmental Services:
                                               01902 556122
    If the application results in a  
    substantial increase in number of
    patrons, this may also result in the
    need for provision of additional           Licensing and Support
    disabled facilities, toilets or car        01902 555033
    spaces. For more assistance in             licensing@
    these matters, please contact the
    Council’s Access Officer.
                                               Planning Development Control:
                                               01902 551155
                                               development.control@            designed and printed by wolverhampton city council RT 383 11/07

                                               Transportation Development:
                                               01902 555745

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