Planning Permissions

Ellesmere Port and Neston Borough Council deals with all types of planning applications submitted in the borough. These may relate to the construction of buildings and extensions, the use of land and buildings and display of advertisements (but not applications relating to minerals and waste disposal: these are dealt with by Cheshire County Council 01244 602424).

Each week a list of the planning applications that have been received is published. This can be viewed at the council's offices in 4 Civic Way, Ellesmere Port and is also available in libraries. If you would like to see a copy of the most recent weekly list click the link below:

Planning applications weekly list

Current planning applications can all be viewed in the planning department at the Council Offices, 4 Civic Way, Ellesmere Port. Planning applications submitted in Neston, Parkgate, Burton, Ness and Willaston, can also be viewed at Neston Town Hall. To check if an application is available at Neston, phone 0151 336 3991. If you have any difficulties viewing the plans at either of these locations, please telephone 0151 356 6662 or 0151 356 6683. For information about applications on the list, telephone 0151 356 6662/ 6683. In addition, planning applications are publicised by means of letters to neighbours, site and press notices.

The construction of new buildings or extensions normally also need building regulationsapproval. For advice phone 0151 356 6688.

Before starting any work, remember to check whether you need any other types of permission or consent.

Why is planning permission needed?

Planning permission is needed for most building work, the display of adverts, or changes in the way buildings or land are used.
The aim is to ensure that new development improves the environment, rather than causing harm. It is not about stopping development (although in the Green Belt, any new building is restricted), but achieving a balance between the needs of the landowner and the impact it will have on the surrounding area.

When is planning permission needed?

The Office of the Deputy Prime Minister (ODPM) produces a simple guide for householders and business owners. However it is advisable to speak to a planning consultant, architect or solicitor, or contact the council's Development Control Service. Planning officers are happy to meet on site or at the offices to provide advice about any planning matter.

Is planning permission always required?

The planning legislation allows a wide variety of development to be built without planning permission (although building regulations approval may still be necessary). If a building has 'permitted development' status, permission is automatically granted by national legislation. Establishing whether this method can be used often requires research into the property's planning history. Before carrying out any work it is always best to check with one of the council's planning officers.

Who can give me advice?

Planning officers are happy to discuss your plans or provide advice on other matters at an early stage. By meeting before plans are drawn up, you and the council can save time and money. There is no charge for this service, but it is advisable to make an appointment. Meetings can be arranged at the offices or on site. It is useful to send in a sketch plan of your proposal before the meeting.

These discussions ensure you have the right application forms, advice on how to complete them and copies of relevant planning policies, speeding up the application process. It also gives you the opportunity to take advice from a Highway Engineer or Environmental Health Officer, if this is required.

Submitting an application

Planning applications must be submitted on the correct forms provided by the council. These are available from the council offices in Ellesmere Port or Neston Town Hall or by phoning 0151 356 6685 or faxing 0151 356 6689 or downloading them from here.

There are different forms for each type of application. If you have any doubts, phone 0151 356 6662.

An application will not be accepted for processing until it is legally valid. To be valid, it must contain:

	the necessary application forms
	site and block plans
	plans of the proposal showing existing and proposed layouts and all relevant elevations
	the correct planning fee
	the relevant certificate of land ownership
	any supporting information you may wish to submit

Advice on all these matters is available by phoning0151 356 6662.

You may choose to employ an agent or architect to submit your application. He or she will receive all subsequent contact and correspondence from the council.

The council is required to consult the owners of neighbouring properties. You or your agent are strongly advised to discuss your proposals with neighbours before submitting your application. This can avoid objection and delay. It is important to note that your application is a public document and any information it contains is available for public inspection.
Fees for planning applications are set by central Government and vary depending on the type of application.

Who is consulted about the application?

Once an application is accepted, the council will consult your neighbours, local amenity societies, and bodies such as the Highway Authority, British Gas, Health and Safety Executive etc. The number of people consulted varies with each application. Twenty one days is allowed for this process.
A planning officer will be allocated to your application and will visit the site. Once the site has been inspected and consultation completed, the case officer may need to negotiate to make the scheme more acceptable. If this is the case, consultation about the revised plans is usually necessary.

How is a decision reached?

Once all negotiations are complete, the Case Officer will write his/her report and make a recommendation to approve or refuse. Straightforward planning applications are determined by the Head of Planning Services (about 70%). The remainder, go before the council's Planning Committee. The dates of the committee meetings are available by phoning 0151 356 6620.
In deciding whether or not to grant planning permission, the council must refer to its own planning policies and those of Government. The council's planning policies are set out in the Local Plan.

The council also takes into account the views of everyone who has been consulted about the application.
The council has eight weeks from receiving your application to make a decision. If it takes longer, you do have a right of appeal to the Secretary of State, but before taking this option you should take advice from your agent and/or the planning officer.

Occasionally a decision is deferred to allow for further negotiations, information to be gathered, or a site visit.

What happens next?

Planning permission will either be approved or refused and consultees (including neighbours) are informed. Planning permission may be granted subject to conditions, such as access, parking, materials etc. If permission is refused, the council's reasons are given and the applicant has the right to appeal to the Secretary of State. If you need further detail on a decision or advice on conditions, please telephone or Mike Stelfox on 0151 356 6683.

Amending your plans

If you decide you need to amend your scheme after receiving planning permission you should contact your case officer and either:

Consultation is normally carried out on revised schemes. It is important to remember that any permission has a limited life (three or five years). You can apply to renew your planning application if it is due to expire, or submit a fresh application after it has expired.

How to appeal

If you don't receive a decision on your application within eight weeks or you receive a refusal or permission with unacceptable conditions, you can appeal to the Secretary of State. Before submitting an appeal, you are advised to contact the case officer or Mike Stelfox 0151 356 6683 to see whether a compromise is possible.

Enforcement action

If work is carried out without planning permission or not in accordance with planning permission, the council has the right to take enforcement action. The council would normally try to resolve such situations by negotiation, but in some cases, legal action is unavoidable.

Making a complaint

If you wish to make a complaint about developments being carried out without permission, it must be in writing and it must be signed so that the council can respond. Alternatively, you can make your complaint through aborough councillor. You may wish to discuss your complaint before writing. The enforcement officers are happy to give confidential advice and meet you at your property. Please phone Harry Cowley on 0151 356 6646 or Mike Stelfox on 0151 356 6683.

Dealing with your complaint

The council aims to respond to your complaint within 2 days of receiving it, and visit the site in the next 5 days. It will then send you an explanation or details of intended action within 15 days. Many complaints are resolved after one visit, but some cases will involve complex legal issues that might only be resolved through legal action. In these cases, the council will try to keep all parties fully informed of progress.

Cases fall into three broad categories:

1. The work/use being carried out does not require planning permission.

2. The work/use being carried out does require planning permission but is acceptable in planning terms.

3. The work/use being carried out requires planning permission and is not acceptable.

In the first case, the council will investigate and inform all parties concerned of its conclusions. No further action can be taken.

In the second case, it is the council's policy to request a planning application to rectify the matter. If this is submitted, it is processed in the normal way. If no application is forthcoming, the council must decide whether any further action is appropriate.

In the last case, the council will attempt to negotiate a satisfactory solution, but if this is not possible, enforcement action may be authorised by the council's Planning Committee. Enforcement procedure includes the right of appeal to the Secretary of State and can result in a lengthy process. In cases where there is a serious threat to local amenity or safety, the council has the option to serve a 'stop notice' or court injunction requiring the work/use to stop.

If permission is granted but with certain conditions, the council's planning officers and enforcement team check that they are being complied with. If breaches occur, they are dealt with by negotiations. But if compromise is not reached, the council has the powers to serve a Breach of Condition Notice or Enforcement Notice. If you have any doubts about how to comply with conditions imposed on a permission, or suspect a development is not in accordance with approved plans, contact Harry Cowley on 0151 356 6646 or Mike Stelfox on 0151 356 6683.