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Lancashire Planning

Providing local Planning Solutions

Planning Services

 

Planning issues can be complex. So whether you are intending to submit a planning appplication or considering a planning appeal following refusal of planning permission, our principle is to work in close partnership with our clients.

Planning Applications

 

Residential planning applications can be for a variety of developments including conservatories, extensions, loft conversions and outbuildings some of which can be permitted development others requiring planning permission. We can assist you in that process.

 

Commercial planning applications often involve the Change of Use procedure, again some Changes of Use are permitted without obtaining planning permission but the law controlling this is highly complex. We have extensive experience in this area and can advise you of the best course of action.

Planning Appeals

 

Our vast experience of planning appeals over many years with a proven record of success can be used to your advantage if you are intending to submit a planning appeal.

 

Planning Appeals for planning applications that are refused, can be submitted to the Planning Inspectorate which is based in Bristol and is independent of your Local Council.

 

A range of time limits within which to appeal apply.

 

Planning Appeals are assessed and decided by Planning Inspectors based on the details submitted in your planning application. This will be accompanied by a supporting appeal statement that we produce and which is a key element to the success of planning appeals.

 

As your planning consultants, we will assess your refused application and advise you on whether to submit an appeal or perhaps suggest a resubmission with suitable modifications so as to overcome the issues raised in the decision notice.

 

Contravention Notices

 

When a local planning authority (LPA) is investigating an alleged breach of planning control in addition to the information about the planning history of the site and the alleged breach of control is readily available; from the local planning authority’s own records, site visits and other publicly available information they may well seek further information from the land / property owner.

 

Where necessary, local planning authorities also have a range of investigative powers for planning enforcement purposes. One option available is for the local planning authority to serve a 'planning contravention notice'.

 

A planning contravention notice may be issued under section 171C of the Town and Country Planning Act 1990 and can be used to do the following:

 

- allow the local planning authority to require any information they want for enforcement purposes about any operations being carried out; any use of; or any activities being carried out on the land, and;

- can be used to invite its recipient to respond constructively to the local planning authority about how any suspected breach of planning control may be satisfactorily remedied.

 

This is a discretionary procedure – the local planning authority need not serve a planning contravention notice before considering whether it is expedient to issue an enforcement notice or to take any other appropriate enforcement action.

 

What are the consequences of failing to respond to a notice?

 

A failure to complete or return a notice within 21 days is an offence, as is providing false or misleading information on the notice (section 171D of the Town and Country Planning Act 1990) and could result in a fine of up to £1000.

 

Enforcement Notices

 

What does an enforcement notice do?

An enforcement notice should enable every person who receives a copy to know:

 

- exactly what, in the local planning authority’s view, constitutes the breach of planning control; and

- what steps the local planning authority require to be taken, or what activities are required to cease to remedy the breach

 

The local planning authority must enclose with the enforcement notice information about how to make an appeal. This information is contained in the information sheet provided by the Planning Inspectorate which local planning authorities should use.

 

Every copy of the enforcement notice must also be accompanied by an Explanatory Note containing the information specified in regulation 5 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 (as amended).

 

Enforcement Notice Appeals

 

We also have an excellent track record in regard to Enforcement Notice Appeals. Please note: failure to adhere to an Enforcement Notice has legal implications. For advice please contact us. 

 

By appointing Lancashire Planning as your planning consultant to prepare and submit your planning appeal or Enforcement Notice appeal you can ensure it is being handled by a true planning professional and that it has the greatest possible chance of success.

 

Lawful Development Certificates

 

An application for a Lawful Development Certificate can be applied for in various circumstances, including:

to establish that an existing use of land, or some operational development, is lawful. Or that a proposed use of buildings or other land, or some operations would be lawful.

 

For example a Lawful Developemnt Certificate can be made when an owner discovers, in the course of a sale of the land, that planning permission has never been granted for a particular building or planning use.

 

A Lawful Development Certificate would show to a prospective purchaser that no enforcement action can be taken by the local planning authority.

 

An application for a Lawful Development Certificate is also sometimes used in cases involving intensification of use.

Planning Policies of the Lancashire Council's part 1.

 

Whatever type of development you are considering obtaining planning permission will require full consideration of the relevent planning policies in your particular Local Authority Planning area.

 

According to Green Belt statistics published by the Department of Communities and Local Government, in 2014/15 the Lancashire 14-authority area contained around 79,440 hectares or approximately 25% of total land area designated as 'green belt'. A substantial proportion of Lancashire's green belt is designated in West Lancashire as a result of the very large amount of top grade farmland.

 

As a result both National and Local Green Belt Policies are often fundamental in the determination of planning applications and planning appeals within the Lancashire area. 

 

Central Lancashire Core Strategy

 

The Adopted Core Strategy for Central Lancashire sets out

the Central Lancashire authorities’ spatial planning proposals for the combined area of Preston, South Ribble and Chorley.

 

Blackburn with Darwen

 

Blackburn with Darwen's local planning policies are contained within the Local Plan.

Blackburn with Darwens Local Plan is in two parts. Part 1 is the Blackburn with Darwen Core Strategy document that was adopted in 2011.

 

The Blackburn with Darwen Local Plan Part 2 was adopted in December 2015. It contains site allocations and development management policies that are key to planning application decision making in the Blackburn with Darwen area.

 

We cover all areas of Blackburn with Darwen including Eccleshill & Waterside, Livesey, Pleasington, North Turton, Tockholes and Yate & Pickup Bank.

 

Blackpool

 

Blackpool Councils Core Strategy was adopted by Blackpool Council on the 20th January 2016. Policies in the Blackpool Core Strategy replace many of the policies of the Blackpool Local Plan 2001-2016. Appendix B to the Blackpool Core Strategy sets out the policies that are replaced and those that will continue to be 'saved' Blackpool Local Plan Policies.

 

We cover all areas of Blackpool including Anchorsholme, Bispham, Bloomfield, Brunswick, Claremont, Clifton, Greenlands, Hawes Side, Highfield, Ingthorpe, Layton, Marton, Norbreck, Tyldesley and Waterloo.

 

Has Blackpool Council served you wth a 'planning contravention notice' or other communication relating to the potential for taking planning enforcement action against you with regard to an alleged breach of planning development controls?

 

Blackpool Planning Enforcement department are activley investigating numerous instances where residential properties (C3 use class) are being used for short term lets and or holiday accomodation (sui-generis use class) without the benefit of planning permission. 

 

If you have been served by Blackpool Council with an Enforcement Notice or have received a requisition for information regarding your short term let provision we may well be able to help having successfully dealt with such circumstances in the Blackpool area previously.

 

For more general information on planning contravention notices and enforcement notices please sections above. 

 

Burnley

 

On 31 July 2018, the Council adopted a new planning framework 'Burnley's Local Plan'.

The Plan covers the whole of Burnley Borough and the period 2012-2032. It sets out the overall strategy for development, allocates many of the sites that are needed to accommodate new development and sets out policies on how planning applications on allocated and ‘windfall’ sites will be judged. It fully replaces the 2006 Burnley Local Plan. 

The Plan is the starting point for determining planning applications. Legislation states that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

We cover all areas of Burnley including Bank Hall, Briercliffe, Brunshaw, Burnley Wood, Coal Clough, Cliviger, Deerplay, Daneshouse, Gannow, Gawthorpe, Ightenhill, Lanehead, Lowerhouse Rosegrove, Padiham Rosehill, Stoneyholme, Trinity, Queensgate, Whittlefield and Worsthorne.

 

Chorley

 

In addition to the Adopted Core Strategy for Central Lancashire referred to above, is the adopted Chorley Local Plan 2012 - 2026.

 

The document forms part of the Chorley Development Plan which outlines how planning will be managed in Chorley.

The purpose of this document is to help deliver the aims of the Central Lancashire Core Strategy by setting out development management policies and allocating or protecting land for specific uses, such as housing, leisure, business or play space.

Whilst the Chorley Core Strategy will identify the general amount and location of development across the region, the Chorley Local Plan expands upon this, concentrating on more detailed non-strategic issues and identifying specific sites for development or protection.

 

We cover all areas of Chorley including Anglezarke, Astley Village, Bretherton, Brindle, Charnock Richard, Clayton-le-Woods, Coppull, Croston, Cuerden, Eccleston, Euxton, Heapey, Heath Charnock, Heskin, Hoghton, Mawdesley, Rivington and Ulnes Walton.

 

Fylde

 

The Fylde Borough Local Plan

On the 22 October 2018 the Council adopted the Fylde Local Plan to 2032.
The Fylde Local Plan to 2032 (the Local Plan) covers the whole of the Borough for the period 2011-2032.

It provides the statutory planning framework for the Borough for non-minerals and waste matters. 

 

We cover all areas in Fylde including Ansdell, Ashton Central, Clifton, Lytham, Elswick & Little Eccleston, Fairhaven, Freckleton East Freckleton West, Heyhouses, Kilnhouse, Kirkham North, Kirkham South, Medlar-with-Wesham, Newton & Treales Park, Ribby-with-Wrea, Singleton & Greenhalgh, St Johns, St Leonards, Staining & Weeton, Warton & Westby.

 

Hyndburn

 

The Hyndburn Local Plan was adopted in Novemeber 1996 and The Local Plan is gradually being replaced by the Hyndburn Local Development Framework. Part of this is the Hyndburn Borough Council's Core Strategy adopted on 19th January 2012.

 

We cover all areas of Hyndburn including Accrington, Altham, Baxenden, Belthorn, Clayton-le-Moors, Great Harwood, Huncoat, Knuzden, Oswaldtwistle, Rishton, Tottleworth and Whitebirk.

 

Lancaster

 

The Lancaster District Local Plan was adopted on 16 April 2004. Lancaster City Council’s Core Strategy replaced many of the policies in the Local Plan. Lancaster's Core Strategy was adopted by Lancaster City Council on 23 July 2008. It outlines Lancaster council’s spatial vision for the district, suggesting broad locations for new homes and jobs, identifying areas for regeneration and conservation for the period up to 2021.

 

Following this a 'strike through edition of the Local Plan' was published in September 2008. It shows the policies that have been fully or partially replaced by the Core Strategy. 

 

The Lancaster Core Strategy has Development Plan status, and along with other Development Plan Documents, it is an important consideration in determining most planning applications.

 

Additionally, in December 2014 Lancaster's Development Management DPD and the Morecambe Area Action Plan DPD were adopted.

 

There is a small portion of Green Belt on the northern fringes of Lancaster, covering the area above its urban area through to Carnforth, helping to keep the adjacent countryside open, and prevent further urban expansion between these and the nearby communities of Morecambe, Hest Bank, Slyne and Bolton-le-Sands.

 

 

We provide professional town planning consultancy services in all 14 Local Authority Council Areas within Lancashire.

 

Planning Consultant - Blackburn with Darwen

Planning Consultant - Blackpool

Planning Consultant -Burnley

Planning Consultant - Chorley

Planning Consultant - Fylde

Planning Consultant - Hyndburn

Planning Consultant - Lancaster

Planning Consultant - Pendle

Planning Consultant -Preston

Planning Consultant - Ribble Valley

Planning Consultant -Rossendale

Planning Consultant - South Ribble

Planning Consultant - West Lancashire

Planning Consultant - Wyre

 

plus Lancashire County Council area regarding County planning matters.

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Lancashire Planning - 2023

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