Visitors and the Park

Park Boundaries

There are some large pieces of local stone set beside major roads leading into the Park which mark the boundaries

Park Issues

Autumn 2015 update

So you want to build in the Park? - Start here

The Lake District National Park Authority (LDNPA) affects many aspects of life in the Park. However it is as the Planning Authority for the National Park that most people come into contact with it.

 

  • Still sometimes referred to as 'the Planning Board' or just 'the Board' by locals from it's old title of 'Lake District Special Planning Board'.

 

  • Based in Kendal (outside the Park - there is a nice National Park Centre at Brockhole between Ambleside and Windermere - quite good fun for small children and has a boat landing on Windermere,  and would have made nice offices you might think?)

 

  • The LDNPA is the first port of call before carrying out any work.

 

  • Do not assume your project is too small to require Planning consent.

 

  • Always check - it only takes a 'phone call - 01539 724555 - ask for the Duty Officer (this may take persistence and you can call in weekday mornings to LDNPA HQ in Kendal and queue - there are some planning surgeries around as well)

 

  • It helps to remember that planning officers are not the ogres they are often made out to be but regular people doing a difficult job (always stick to the 3 'p's - politeness, patience... and persistence :)

 

  • Confused about Planning Officer and Building Inspector? - see Technical

 

  • Got your Planning Permission? Pause for thought here

This list below is not definitive and is only meant to point out a few things and set you off on further research. The rate of change of planning regulations and interpretation, particularly under the present government, make it near impossible to be completely up to date - but you have to try. There are several detailed online guides including the government planning portal around and you can submit a Formal Enquiry to the LDNPA (see their website for the form) although a written answer may take some time depending on the nature of the enquiry. There is talk of charging for pre-application discussions.

 

If you are thinking of alterations or extensions I suggest you talk to your neighbours and explain what you are thinking of doing. Apart from being polite it can avoid objections if you proceed with a Planning Application - and the latest application forms do ask if you have consulted the community. (There could be other issues apart from Planning - e.g. the Party Wall Act or even land ownership issues lying dormant - not uncommon). If neighbours are happy with your proposals it can be useful if they are willing to comment positively by email or letter during any planning application consultation period - it doesn't just have to be objections that are sent in (close neighbours will likely be informed individually by the LDNPA of an application).

 

There are some odd things that the average person may not realise require planning permission such as some decks, some garden sheds, 'gardening' if it involves earth moving machinery.... always check.

 

There is no such thing as 'just a garage' or 'only a conservatory'. These are dealt with in the same way as any extension to a property. Households can often have permitted development (PD) rights to extend or alter a dwelling. These are curtailed somewhat within the Park but can still apply.

BUT there can be fine points of interpretation..

Note also that recently announced by government temporary increases in size of permitted development extensions do not apply within the National Park.

Even if you think your extension will be within the limits you should at least have a word with the duty officer at the National Park Authority.

 

Commercial uses such as shops, guest houses, farms have no or limited (and sometimes unusual) 'PD' (permitted development) rights - i.e. any alterations require planning permission, including new rooflights. Note that Flats do not have any 'PD' rights either - and neither do most domestic outbuildings.

 

Remember that if you live in a barn conversion it is very likely that any permitted development rights were removed in the granting of the original permission for conversion, unless very long ago. Thus any new alterations such as adding a window or even a rooflight will often require permission.

 

Planning revolves around the 'use' of land/property. Thus a house has 'domestic' or 'residential' use and a business has, in general terms a 'commercial' use (there are detailed categories in Planning legislation). Changes in use usually require planning permission although there can be exceptions.

 

Altering an access or making a new one - for vehicles or pedestrians - from a field or garden for example on to a lane, track or road can be tricky - Check with LDNPA first and then Cumbria County Highways.

 

Check if your property is within a 'Conservation Area' or a 'Schedule 4' area, as tighter restrictions may apply on use or external appearance and trimming trees.

 

If your property is 'listed' - normally Grade II unless really special - alterations will require a Listed Building Application to the National Park Authority.

Often this is IN ADDITION TO a Planning Application. The two are separate applications although there is now a combined form available.

Note there are special considerations for a Grade II* (referred to as a 'Grade 2 star' listed building.

Be VERY careful doing any work to a listed building - there is no time limit on unauthorised work and the penalties can be heavy.

November 2015 update

I've been told recently that the LDNPA are to start charging for pre-application discussions. On complex or sensitive sites where quite a bit of negotiation might be needed a fee of £1,000 has been mentioned. No official word yet but a scale of charges dependent on size of project will likely appear in the near future. This brings the LDNPA into line with many other planning Authorities but only time will tell if it brings an improvement in handling applications. Many architects think pre-application discussions are a waste of time given the quality and reliability of advice on offer.

 

The government seems to be reviewing permitted development rights for householders (again) after introducing new planning legislation on 15th April 2015 - see here for the government site.

 

Over the past year there have been quite a few local occupancy housing consents and starts within the Park which is mostly a good thing despite the house designs sometimes looking a bit out of place - you often used to see a North Lakes/Cumberland look to Housing Association projects hereabouts but recently a more urban look has appeared.

Requests for tree and bat surveys still head the list of  things that surprise applicants in making planning applications

 

Routine annoyances are the lack of any information on the progress of a planning application until just before the date for a decision, sometimes long silences in response to formal enquiries and a general reluctance to return calls and emails. But, well, I guess they are all very busy...

 

The last time I checked there was apparently no intention for the present to charge the Community Infrastructure Levy on planning applications within the Park (outside is different).

 

Bats are now a major issue in implementing planning permissions - if your consent involved having a bat survey done read the 'mitigation' section in the bat survey report as you might need to organise bat measures months in advance of work starting.

 

The website of the Authority had another makeover (with strange tilting titles) but content can still be hard to locate - you can view recent planning applications online complete with drawings and forms... very handy. They still do not post written objections to applications, nor do they give much indication on the progress of applications. I've been told this is a technical limitation of the software they use.

 

The planning portal set up by the UK government (for England and Wales only - Scotland and Northern Ireland try here) to allow online applications is quite good but can be tedious for anything other than Householder Applications. The government effectively privatised it recently. An advantage to applicants is that they can upload Acrobat pdf or other electronic format drawings and the Planning Authority effectively pays for any printing costs in distributing paper copies for consultation. I imagine every planning authority has had to invest in large format plotters and scanners, train staff and buy printing supplies

 

National Park policies severely restrict new residential permissions and so it is very unlikely that barn conversions, flats or any 'open market' housing will be allowed that don't include local occupancy restrictions. Occupancy restrictions have varied over the years and generally now come within the Conditions of a Planning Consent - there seems to be some variation in the geographical extents of 'local'

 

The concessions on planning restrictions announced by the government to permitted development rules only apply outside the Park - mostly (certain types of office to residential use apparently does apply until mid May 2016 but needs careful checking)

 

Some local occupancy housing is currently possible but it is tricky even before you reach design issues - on larger schemes the occupants may have to obtain certification from the LDNPA that they are in housing need and thus qualify to occupy any such property.


There are still people buying old properties to demolish and rebuild (usually an existing planning unit you see so often unrestricted), or to renovate. ('modern' design isn't the non-starter it once was either)

 

Domestic extensions are still OK in principle and appropriate commercial uses are still encouraged.

 

Planning Applications are becoming increasingly complex - you can expect routine requests for information that was unusual on small extensions a couple of years ago.. bat surveys, owl surveys, tree surveys, flood risk assessments... what used to take me 30 minutes now takes several hours.

Once you have your planning consent

You've done all the hard work - got your permission (been 'granted consent' in the jargon) - now what?


Take time to read the Notice of Consent.

 

In recent years the 'fine print' or 'Conditions' listed on the Notice have become more important.

 

If you do not understand what they mean ask the Planning Authority or your Architect for an explanation in plain English.

 

Some are routine - such as the length of time the consent is valid - others will be specific to the application.

 

A particular wording to watch out for is anything that is described as requiring agreement in writing with, or notification to, the Planning Authority before work starts on site (or the 'consent is implemented') or before a certain stage is reached.

 

There is a form again for agreeing any such Conditions and a modest fee (you can thank the government for this)

 

Also read your bat survey - these are now normally just referred to via the Conditions on the planning consent but the date limits on when works can be carried out can be quite complex. Even if you have no bats, for now, you may be surprised to find that there are requirements to be met when carrying out the work.

I usually ask the ecological consultant to spell these out in 'plain English' for clients and often ask them to talk to the building contractor so that everyone knows where they stand.

What next to let me start building?

Normally a Building Regulations application - see Technical

Amendments before or during construction

The LDNPA is now sending out 'Start' notification forms with every planning consent - the idea is that you tell them when you are commencing construction to enable them to monitor compliance and so avoid potentially expensive unauthorised amendments to the design.

 

This comes at a time of low tolerance of minor amendments - for anything apart from moving the odd window or door they normally request a complete reapplication - and so I suspect that people will take some persuading to notify - but it is a worthwhile initiative and makes sense in the current planning climate.

There is a 'Compliance' Team who are very polite but persistent.

 

The answer if you want to make changes is to discuss it with the original case officer, if still available, and agree a course of action.

 

The LNDPA have tried various systems over the years to deal with amendments but the government seems to have got involved and there is now an application form and potentially a long wait although planning officers do their best to keep on top of these as work is frequently held up on site pending a decision.

 

Common sense often breaks out and a planning officer may accept changes in principle but still require a 'non-material' or 'material' amendment application.

 

It can happen that after later deliberation they come back and ask for a full re-application (of course you get a 'free go' within a year of the date of a decision anyway, but not many people take this route, tending to go the amendment application route.

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Some General points to bear in mind

Some visitors believe this is a 'park' as in 'theme park' which can lead to some odd encounters in the garden

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William Sutherland rias riba

Chartered Architect

Director

Cluan, Rydal Road, Ambleside LA22 9BA

Tel: 015394 34489

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