Clifton and Hotwells
Improvement Society (CHIS)

CHIS Planning Advice and Infomation

Maggie Shapland
Contents

• Planning Information
• Application suffixes
• Clifton Conservation Area Character Appraisal
• Enforcement
• Houses in multiple occupancy
• Community Involvement
• Trees
• Conservation Planning Advice and how to comment on applications
• Planning Use Classes
• Height Matters
• Fighting the developers
• Useful websites- includes how to find more about specific planning applications

Watching planning applications is a lot easier than it used to be now that application details are on web sites. They help you monitor:

• Demolition of suburban homes to build high density flats on the site of the houses and their gardens.
• The protection of wildlife corridors in both towns and in the countryside.
• Proposals to close local shops and other amenities and change the use to residential.
• The loss of suburban green space due to new build houses in back gardens.
• Expansions to bars and restaurants creating night life districts in formerly residential areas.
• New placements of phone masts or pylons close to homes and schools.
• The protection and improvement of local green spaces, parks and nature reserves.
• Proposals for local landmark buildings that are in need of renovation.

Length of time for comment on individual applications

There is 3 weeks grace from the receipt of a letter giving notice of an application and about 5 weeks from the date of registration.
As from March 2010, any elected officer can refer a planning application to a planning committee, before it used to be the planning officers decision. More details

Anyone who feels they might like to speak at a Development Committee Planning Meeting must book a slot early - midday on the day before the meeting. A good showing from passionate local people should play well- but do not speak for more than 3 minutes, only present the main points of your objection since it should have been read earlier by the panel, and do try to orchestrate the campaigners to make sure each puts forward different points. Councillors can be very responsive to a gathering of local objectors, which is perhaps no surprise given that they are elected officials.
Do write as individuals against a particular development, making sure to state your context (resident, neighbour, local shopkeeper etc). Comments about planning applications to: Planning, Transport and Sustainable Development, Brunel House, St Georges Road, Bristol BS1 5UY. Telephone: 0117 9223976
You can search for planning applications, decisions, site histories and appeals via Bristol City Council public Access website, and on the national planning website http://www.ukplanning.com (see the useful website section for more details)

Protocol for minor Amendments for Planning

Application suffixes

Ever wondered what the suffix on the end of and application meant? eg 11/03339/F and why sometimes there are two application numbers (usually LA and F, or LC and F)

A	Advertisement
COND	Discharge of conditions
F	Full Planning
H	Full Planning (Householders)
LA	Listed Building Consent (Alter/Extend)
LC	Conservation Area Consent
M	Reserved Matters
NMA	Non material amendment of planning permission
VC	Works to Trees in Conservation Areas
VD	Dead/Dying/Dangerous trees
X	Variation/Deletion of a Condition

Closure of Planning Reception, Brunel House

It is no longer cost effective for the number of visits to the reception, which has fallen from 50 /day to 50/week, to keep two officers just sitting on reception. You now need to make a call to the planning office saying which application was wanted and giving them enough time to get the documents out. Apparently some of the older information is now kept off site near the Create Centre so if you are looking for background information that needs to be collected from there they would need 24 hours to get the documents over to Brunel House. Any new applications are kept in house so only a short period of notice is needed. They are also talking about getting some larger screens installed in planning reception so that people can look at drawings on screen. Apparently a number of applications are now submitted online so that it is costly for the planners to print them out for people to look at on paper. It is therefore going to be more usual to have to look at drawings on screen.
The bonus is that all applications including tree applications are now going to be scanned and put on line.
There are a number of Customer Service points where the application drawings can be viewed free of charge on PublicAccess, the council planning application service
Nearest Customer Service Point addresses:

• Bedminster 2-3 Waring House, Redcliff Hill, Redcliffe, Bristol, BS1 6TB
• Phoenix Court Bond Street South, Bristol, BS1 3PH
• All Public Libraries.

Site Allocations and Development Management Options

Bristol City Council wants to involve you in considering the future use of land in Bristol and would like your input into the Site Allocations and Development Management Options Document. Consultation on this document started on Monday 14th June 2010. Due to be ratified in July 2014.

All documents, including sustainability appraisal information, will be available on our website (supported by interactive mapping and an on-line questionnaire) (see:www.bristol.gov.uk/siteallocations). Paper copies of the Options Document will be available to view in local libraries and customer service points from Wednesday 16th June.

This document builds upon the Call for Sites which many people contributed to in autumn 2008, and sets out draft proposals for allocating land to meet the city's development requirements up to 2026 as set out in the submitted Core Strategy (see http://www.bristol.gov.uk/page/planning-and-building-regulations/bristol-local-plan). Different options for the use of potential development sites are identified for comment. A variety of uses are proposed across the city, including housing, business, industry, mixed-use and Gypsy and Travellers' residential sites.

In addition, the document proposes to designate land within the city for a number of different uses. These designations propose to protect or safeguard land, for example, for important open space, industry and warehousing, nature conservation or transport infrastructure, or where specific policies apply, such as to town, district and local centres.

The final section of the document presents ideas for new Development Management policies which will give detailed guidance on issues to be taken into account when planning decisions are made.

We have arranged a series of drop-in events in each of the Neighbourhood Partnership Areas around the city for people to come along to. Parks Officers will also be at these drop-ins to answer questions about the Area Green Space Plans which will be consulted on during the same period (see http://www.bristol.gov.uk/page/area-green-space-plans-ideas-and-options-consultation). The drop-in events will run from Midday until 8 pm on the following days, and further drop-in events are currently being arranged in a central location: Comments can be submitted via our on-line questionnaire. You may also wish to suggest additional policies or sites.

Website:http://www.bristol.gov.uk/page/planning-and-building-regulations/site-allocations-and-development-management-policies E-mail:bdf@bristol.gov.uk Freepost:Site Allocations (CD/BH) Freepost BS6529 BRISTOL BS1 5BR Telephone: 0117 903 6725 This is an important opportunity for you to influence the future of your area and we look forward to hearing from you. Yours faithfully
Sarah O'Driscoll, Service Manager, Strategic Planning, Strategic Planning Team, City Development, Bristol City Council, 0117 90 36725 www.bristol.gov.uk/bdf

Clifton Conservation Area Character Appraisal

Signed off 19 July 2010. Special thanks have been acknowledged for the support of CHIS.. Bristol City Council's Urban Design & Conservation Team have produced a Character Appraisal for the Clifton Conservation Area. Character Appraisal Maps (building ages, routes and spaces, building types (listed etc), land use)
A Character Appraisal is a document that outlines the significance and special interest of a Conservation Area; it details the features that make that specific area unique. It is one of the documents that guides and informs planning policy for an area.
Available on-line http://www.bristol.gov.uk/page/planning-and-building-regulations/conservation-areas (follow link to Character Appraisal page) or hard copies are available on request for £35 (100 pages and maps). A copy will be available in Clifton library.

Bristol currently has 33 Conservation Areas, and the city council has a statutory duty to review their character, special interest and boundaries.

Since 2006 the city council has committed to undertake a full review of Bristol's existing 33 Conservation Areas, through the production of a Character Appraisal and set of Management Proposals for each area. Character Appraisals are a record of features that will inform sound decisions on the future management of the area.

To date, the following Character Appraisals have been adopted:

• Stokes Croft (adopted 12 October 2007)
• Kingsdown (adopted 31 March 2008)
• Portland Square (adopted 31 March 2008)
• Redcliffe (adopted 31 March 2008)
• Old Market (adopted 31 March 2008)
• St Michael's Hill and Christmas Steps (adopted 14 January 2009)
• Montpelier (adopted 14 January 2009)
• City and Queen Square (adopted 14 January 2009)
• City Docks (adopted 2011)

Enforcement

Send issues to planning.enforcement@bristol.gov.uk.
Enforcement Report for 2009

Multi-occupancy

June 2010:The HMO law has now been scrapped
April 2010:The law has now changed. Units holding 3 or or more individuals will now need planning permission,
More details

Guidelines for Pre Application Involvement

The following steps are recommended as good practice that the Council will expect from planning proposals that have significant local impact and are drawn from the SCI Ground Rules:

• Step 1 : The developer will contact the relevant resident/amenity group' as early as possible before proposals are fixed and while significant options are still open.
• Step 2: The developer will arrange to meet representatives of the resident/amenity group where there will be a brief discussion about the site, what existing planning policies are relevant and what issues are important either to the developer or to the community. The outcomes of the discussion should be:
  • an agreed a level of involvement and the steps to be taken, appropriate to the scale and significance of the application, and
  • an agreed timetable for preparing the application and the Community Involvement timetable.
• Step 3 Applicant/developer to prepare some options and early sketches, and present to the group for discussion. Options should be equally feasible and the reasons for choosing between options made clear. This stage may involve several meetings, if the development is large, complicated or contentious.
  In the event of the developer wishing to put their proposals before the wider local public and if the developer chooses to use a consultant or professional facilitator to manage the process, then it should be made clear whether the professional is independent or not.
• Step 4 The developer prepares plans as far as possible taking account of the consensus view and presents the plans that they intend to send for planning permission to the resident/amenity group
• Step 5 As a supporting document to the planning application the developer prepares a Community Involvement Statement as a record of the Community Involvement process. The statement will include:
  • points that were made by the community and,
  • changes made by the developer to accommodate these points, and,
  • where the developer is unable or unwilling to respond to these points, giving reasons why not.

This record will be agreed and signed by both parties and submitted with the planning application. If no agreement on the document can be reached, then both parties may submit their own statement to the Council to be considered along with other information relating to the application.

The Statement of Community Involvement is a legal requirement introduced as part of the Government's drive to improve the planning system by making it more accessible to the public. The document aims to be a clear statement of how and when the public will be involved in planning Bristol's future development.
February 2007: discussed by community groups and the Council
August 2006: The Planning Inspector decided that the Council's statement did not pass the test of good practice. The Council had to rewrite the statement and go through another public involvement exercise
This document can be accessed over the Council web site or inspected at their offices (Brunel House), hard copy (£3).

Removal of Trees

Planning Issues you can comment on:
Comments against the proposed removal of the tree MUST be based on planning issues, I have listed a few examples below or you can visit the planning applications commenting section at this address ; www.bristol.gov.uk/ccm/content/Environment-Planning/Planning/commenting-on-planning-applications.en
Example Planning Issues:

• Loss of amenity as it is a beautiful mature healthy safe tree, softening and contrasting the already built up environment.
• Effect on wildlife including 2 species of bats, numerous birds and small mammals.
• The tree helps to reduce environmental noise, pollution, wind speed and flooding from storms.
• Impact on local environment as tree can be view from afar and is mirrored by similar tree across the bridge. Further the tree stands alone in a prominent position on major commuter and bus route and Brunel Mile.
• Public enjoyment and appreciation of the tree by locals and visitors it also offers shade and shelter.
• Removal conflicts with the Bristol Local Plan; Policy NE3 & NE11, and National PPS1 Delivering sustainable development
• The tree's loss raises environmental and conservation concerns; Building size, appearance, overbearing design in the local conservation area.

What your letter must contain;
Your letter or email must include date, name, address, application number and the Site address , if you email; include the letter as an attachment if you want to avoid publication of your email address.

• * email to the council directly at (customerservices.ptsd@bristol.gov.uk), or
• * Online through the actual planning applications webpage (see links below), or
• * Letter to; case officer, Planning, Transport and Sustainable Development, Brunel House, St George's Road, Bristol BS1 5UY.

Conservation Planning Advice and how to comment on applications

Ring Kingsley Fulbrook (922 2966) who deals with conservation matters, if you are concerned about a development changing the appearance of the original building and it's grounds in a Conservation area.

• Unauthorised works to a listed building are a criminal offence under section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
• Removal of internal fittings as well as exterior works are contrary to the requirements of section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and PPS 5
• 6 March 2014: Planning Practise Guidance (NPPG) http://planningguidance.planningportal.gov.uk/blog/guidance/ supercedes PPS5 guidance. Works in conjunction with National Planning Policy Framework (NPPF).
• Planning Policy Guidance (PPS)5: Planning and the historic environment summary. This supercedes PPG15 and PPG16 (archaeology guidance) as from March 2010.
  • HE6.3 states Local planning authorities should not validate applications where the extent of the impact of the proposal on the significance of any heritage assets affected can not adequately be understood from the application and supporting documents.
  • HE9.1 There should be a presumption in favour of the conservation of designated heritage assets and the more significant the designated heritage asset, the greater the presumption in favour of its conservation should be. Once lost, heritage assets cannot be replaced and their loss has a cultural, environmental, economic and social impact. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. Loss affecting any designated heritage asset should require clear and convincing justification.
  • HE9.2 criteria test if building is usable in its current state that there can be no justification for demolition.
• Planning Policy Practise Guide (PPS)5: This is the full statement of Government policies for the identification and protection of historic buildings, conservation areas, and other elements of the historic environment. It explains the role played by the planning system in their protection.
• Planning Policy Guidance (PPG)15: Planning and the historic environment summary replaced by PPS5
• Planning Policy Guidance (PPG)15: replaced by PPS5 This was the full statement of Government policies for the identification and protection of historic buildings, conservation areas, and other elements of the historic environment. It explains the role played by the planning system in their protection.
• Statutory Criteria used to assess whether a building is of special interest
• How to protest against an application. Look also at the Bristol City Council links below for futher definitions of the policy statements.
  To protest you must send a letter to Planning, Transport and Sustainable Development, Brunel House, St Georges Road, Bristol BS1 5UY, quoting the planning reference numbers and stating in what context you are writing (shopkeeper, resident...). You can also send an email to development.management@bristol.gov.uk (particularly if you want to include images in your objection) or you can submit on-line from the planning web page
• When does change of plan need reapplication
• Mobile Phone Mast Applications
• Public Inquiry information.
• Planning Portal - the government's online service for planning. You can use the tools and information on this site to find out about planning in your area and what development you can perform around your house.
  The Portal's services also let you apply for planning permission electronically as well as submit and track an appeal online.

Satellite Dishes

Planning permission is needed for satellite dishes in a conservation area for an antenna installed on a chimney, wall, or a roof slope which faces onto, and is visible from, a road or a Broads waterway. (If you are not sure, get advice from the local planning authority.).
If you live in a ‘listed building’ and want to install an antenna on that building, you generally need to apply for ‘listed building consent’. This consent is different from planning permission. You need listed building consent for any antenna that affects the character or appearance of a listed building or its setting.
More detail in Planning Portal - the government's online service for planning.

Protection of Private Gardens (Housing Development) Bill

June 2010:'Garden grabbing' to be curbed The Government will announce new measures today to stop the practice of ''garden grabbing'' which has seen green suburbs turn grey as developers cram ever more houses into suburban spaces. Decentralisation minister Greg Clark is giving local councils immediate powers to prevent the building of new homes in back gardens, which has been on the rise in recent years.

Oct 2006: There is a worrying issue of the designation of private gardens as brown field land and subsequent development of these gardens. We are concerned that the classification of all gardens as brownfield land could lead to speculative builders buying up old houses with large gardens and replacing these with poorly situated flats that could in time substantially change the nature of an area. This could also put strain on existing services and deprive communities of the valuable amenity of gardens that provide pleasure for the owners and enhance the entire area. This issue is causing a lot of concern, not only amongst organisations such as the Civic Trust and the Royal Horticultural Society, but also to many MP’s from all parties. To tackle this issue a private members bill has been introduced by Greg Clark MP. This bill, the Protection of Private Gardens (Housing Development) Bill, seeks to stop the practice of designating private gardens as brownfield sites for planning purposes. The bill, which can be seen here: http://www.publications.parliament.uk/pa/pabills/200506/protection_of_private_gardens_housing_development.htm will have its second reading on October 20th 2006. We urge all our members to write to their MP’s in support of this bill.

Planning Use Classes

Updated in March 2005. The following classes of use are set out in the Town and Country Planning (Use Classes) Order 1987 (referred to in Part 2).

• A1 Shops:
  Shops, post offices, travel agents, hairdressers, funeral directors, dry cleaners, internet cafes. Sale of tea, coffee, sandwiches or other cold food (An off licence is classed as a shop (A1) not a drinking establishment (A4))

• A2 Financial and professional services:
  Banks, building societies, betting offices, and other financial and professional services.
• A3 Restaurants and Cafes
  (primary purpose is sale and consumption of food and light refreshments on the premises, may have ancillary bar use):
  Restaurants, cafes (A3 Food and Drink was split into A3, A4, A5 in March 2005. The existing primary use will be crucial in determining appropriate classification)

  Prior to 2005, the Use Class A3 of The Use Classes Order also included public houses and hot food takeaways but was amended in 2005 to create two new, separate classes (A4 and A5 respectively) for these uses.
  The Use Classes Order 1987 sets out the scope of A1 uses and part (d) notably includes uses for the sale of sandwiches or other cold food for consumption off the premises. Case law has established a number of criteria to assess the nature of uses and the distinction between A1 and A3 uses. These criteria include the following, though there may be others:

  • Type of cooking facilities and nature of the heating/ cooking of food occurring;
  • Provision of toilet facilities for customers;
  • Amount and nature of seating provided;
  • Menu provision and provision of cutlery for eating-in;
  • Provision of Waitress service
  • Turnover of custom for food consumed on the premises;
• A4 Drinking Establishments
  (primary purpose is the sale and consumption of alcoholic drink on the premises)
  Caters specifically for pubs and bars
• A5 Hot food take-aways
  (primary purpose is sale of hot food to take away)
  Raise problems of litter, longer opening hours, extra traffic and pedestrian activity than A3
• B1 Business:
  Offices, research and development, light industry appropriate in a residential area.

  Additional change of use permitted development rights applying from 30 May 2013:

  • Agricultural buildings under 500 square metres can change to a number of other uses (A1, A2, A3, B1, B8, C1 and D2). For buildings between 150 square metres and 500 square metres, prior approval (covering flooding, highways and transport impacts, and noise) is required.
  • Premises in B1, C1, C2, C2A and D2 use classes can change use permanently to a state-funded school, subject to prior approval covering highways and transport impacts and noise.
  • Premises in B1(a) office use can change to C3 residential use, subject to prior approval covering flooding, highways and transport issues and contamination.
  • Prior approval fees for change of use is set at £80. The draft regulations have been laid in Parliament and are due to come into force on 1 October 2013. This fee will be applicable from 1 October 2013.
• B2 General industrial
• B8 Storage and distribution Including open air storage.
• C1 Hotels, boarding and guest houses where no significant element of care is provided.
• C2 Residential institutions:
  Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres.
• C3 Dwellinghouses:
  Family houses, or houses occupied by up to six residents living together as a single household, including a household where care is provided for residents.
  C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child.
  C3(b): up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems.
  C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.

  In August 2013 the Government published a consultation proposing five new permitted development rights: to allow shops to be converted into homes; existing agricultural buildings to be converted into homes; shops to be converted into banks and building societies; certain buildings to change to nurseries providing childcare; and agricultural buildings to change to schools and nurseries. These changes will come into force on 6 April 2014

• C4. Houses in multiple occupation Use of a dwellinghouse by not more than six residents as a "house in multiple occupation".
  The law has now changed as from April 2010. Units holding 3 or or more individuals will now need planning permission, More details
• D1 Non-residential institutions:
  Surgeries, nurseries, day centres, schools, art galleries, museums, libraries, halls, churches.
• D2 Assembly and leisure:
  Cinemas, concert halls, bingo and dance halls, casinos, swimming baths, skating rinks, gymnasiums or sports arenas (except for motor sports, or where firearms are used).
• Sui Generis - Certain uses do not fall within any use class and are considered 'sui generis'. Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.

See Statutory Instruments 1987 and Communities and Local Government Changes of use of Buildings and Land

Height Matters

'Height Matters?' is a consultation initiative to consider Bristol's existing tall buildings and what stance should be taken by the City towards future tall buildings. Throughout April, May and June 2004 the Council used a series of public events, exhibitions and surveys to find out the public's views on tall buildings. Additionally, policy guidance on tall buildings (prepared by the Council), was placed on the Bristol City Council website. Indication of areas that may be appropriate for tall buildings. Of particular interest to CHIS was that the Clifton-Kingsdown escarpment - has been suggested as area that may be appropriate for an iconic tall building. The report published on 20th January 2005 giving planning guidance to the city council states that planners should consider applications for tall buildings. The new policy on tall buildings has been approved at a meeting of the council's environment, transport, and leisure executive. It sets out the areas in the city where tall buildings should and should not be included.

• The planning guidance said areas which may be considered suitable would include around Temple Meads station as well as Old Market and Broadmead.
• The report said areas where tall buildings should not be built included the Harbourside, Redcliffe, the old city area around Corn Street, Clifton and Stokes Croft. The policy also sets out assessment criteria for council officials and planning committee members on how a tall building will affect its surrounding area.

Fighting the developers

This link describes the standards that developers should adhere to, but in practice do not:

• expect skips being moved at 6am
• blocked drains
• huge areas of street being enclosed unecessarily and not always being room for pedestrians to walk safely
• streets being used for storage of material (the picture shows a container parked in the street!).
• check that the big wire barriers are secured properly before you park, since they will land on your car or you. A line of ten barriers with no visible means of support apart from the rubber blocks they stand on, is very unstable especially if the builders put the blocks parallel to the barrier rather than at right angles. They don't seem to learn from their mistakes either since this particular fence fell on cars several times!

Unless you continually keep contacting the Bristol City Council's Highways Section (who are very helpful), the developers will try to get away with everything they can.

• Take photos and keep a diary.
• Get an independent surveyor to survey your property if you expect it to be damaged by the development. Take pictures before the development starts and give a copy to the developer. These should prove that the building was in good condition so take pictures of walls without cracks as well as walls with cracks. Remember the disaster of the back of Barry Holbrook's shoe shop collapsing into the hole while the site at the corner of Merchants Road was being excavated

Effect of changes to householder permitted development rights

Statutory Instrument 2008 No 2362 was implemented October 2008, in which Permitted Development was altered to allow householders to modify their property in certain ways without needed planning consent. It was not clear from the document whether the relaxation applied to protected areas and properties such as listed buildings, Article 4 Direction, Conservation Areas, etc.
Alan Shrank of Network of Residents' Association wrote to the Minister of Housing, then Margaret Beckett on 11 October 2008, and failing a reply then wrote to the Secretary of State, Hazel Blears, on 17 December 2008. He has just received the wanted letter from the Department of CLG which should dispel our fears.

Useful websites:

Planning links

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