Obtaining Planning Permission
If you wish to build on land, or make alterations to an existing building or structure within Arun District or the South Downs National Park, you may need planning permission and/or an application under the current building regulations.
The Town and Country Planning Act 1990 defines development as ‘any building, engineering, mining or other operation in, over or under land or the making of any material change of use of any buildings or land’.
This covers, for example, a roof extension, creation of a new office building or merely the change of use of a shop to a restaurant. Less obvious examples are: the construction of a boundary fence, or a garden shed, the formation of a basement, conversion of a house into flats and replacing a shop front.
The term ‘Planning’ covers a number of different types of consent: Listed Building Consent; Conservation Area Consent; Advertisement Consent; Tree Consent; and Prior Notification.
Your development may need these types of consent in addition to planning permission.
Please note that on this page we link to the Arun District Council website for further information because they will deal with the majority of planning enquiries/applications in our area and in most cases the legal framework is the same wherever your property is.
However if your property lies within the South Downs National Park then your application will be with the SDNPA.
In either case you can use the Planning Portal to make your application, see more below.
Listed Building Consent
The 1990 Listed Building and Conservation Areas Act 1990 specifies that buildings of a ‘special architectural or historic interest’ should be preserved. Lists of these buildings are available at the planning authority. The consent required covers both internal and external works.
Conservation Area Consent
Conservation Area Consent – Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 defines conservation areas as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. Buildings within conservation areas are subject to tighter planning controls.
Advertisement Consent
Advertisement Consent – The control of advertisements is outlined in the Planning Act 1990 and further details are in the Town and Country (Control of Advertisements) Regulations. The result of the legislation is that if you are installing a new shop front and a new sign on a shop, then you will need both planning consent for the shop front and advertisement consent to display the sign. The consent required also covers ‘A’ boards although within reason these are often allowed.
Tree Consent
Tree Consent – Applications to work on protected trees are also dealt with under the Planning Act 1990. There are two types of tree application: Works to a tree protected by a Tree Preservation Order (TPO) and works to a tree in a Conservation Area. The latter requires a specific request and you will need to seek advice from a qualified arboriculturist to justify the works. It is an offence to cut down, top, lop, uproot, wilfully damage or destroy a protected tree without the Council’s permission.
Prior Notification
Prior Notification – Certain changes of use, works to agricultural buildings and telecommunications can be carried out under a Prior Notification process. Details of these are contained in the Town and Country (General Permitted Development)(England) Order 2015. If applicable this type of notification can only be used if it is submitted prior to the works or change of use being carried out. This is a complex area of planning and it is best to seek advice before submitting one.
Pre- Application Advice
If you need planning permission it is possible to apply for pre-application advice. This will provide an opportunity to steer projects in the right direction and ensure better quality applications are submitted.
Making a Planning Application
Use the Planning Portal to submit digitally or in paper form providing you have three copies of all the documentation.
You will need:
- The correct Application Form, completed in full, signed & dated.
- Plans to cover all relevant aspects of the proposal with measurements in metric.
- Supporting documentation such as Local Validation Checklist, Biodiversity Checklist and Design & Access Statement plus others as needed depending on the proposal and its location.
For more information and list of fees see Arun District Council’s website
The planning process is very complex and you may find it useful to appoint a planning agent to act on your behalf. If you do appoint an agent then all communications will be with them. A list of registered planning agents can be found at the Royal Town Planning Institute.
What happens once you have submitted an application?
- Validation Check: An application is not validated until all the necessary documentation have been submitted.
- Once complete applications are assigned to a case officer.
- Various statutory bodies will be consulted: For example the Environment Agency
- The relevant Town/Parish Council will be notified for their comment, if any.
- Details of most applications are advertised in the Public Notices sections of the West Sussex Gazette and in the planning weekly list published on the planning authoritie’s website
- Case officer will carry out a site visit and in most cases post up a notice to alert the public to the application.
In most cases there is a 21 day period for the public and consultees to submit their comments. Anyone can comment on a planning application but only material planning considerations can be taken into account when determining the application. For more see the Development Control Committee.
No decision will be made in this 21 day period, but once it is over the case officer considers all the responses and determines if the decision can be made by the officer under delegated powers or by Councillors at the Development Control Committee. See the Council’s Decision Making Process or Development Control Committee for more information.
At the Committee there is an opportunity for the applicant, agent and members of the public to speak about the application.
Once the decision has been made, a decision notice will be issued and anyone who commented on the application will be advised of the outcome.
Planning Appeals
If you think the Council has made the wrong decision on your application or if you have not been given a decision within 8 weeks (thirteen for larger schemes), you can ask the Planning Inspectorate to consider the case. The appeals process takes time so it is a good idea to discuss the issues with the case officer.
Planning Enforcement
A breach of planning control occurs when a development that requires permission is done without the relevant permission.
A breach can also occur when a structure is demolished within a Conservation Area without consent, not complying with the conditions attached to a planning permission or not building in accordance with approved plans. For more information see the ADC’s Planning Compliance webpage.
Unsure if you need Planning Permission?
- General guidance can be found on the Planning Portal. This provides interactive guides and common project helpers as well as a full range of planning documentation. You can make an application online via this portal digitally.
- Check the planning history for any planning conditions relating to the property. It is possible to view the planning history for a property or site here.
- Check for Article 4 Directions and Conservation Areas. Local planning authorities have the right to remove permitted development rights over an area as well as imposing planning conditions. An order to withdraw rights is known as an Article 4 Direction. To check to see if there is an Article 4 Direction you will need to contact the Planning Office. You should also check to see if the property is located within a Conservation Area.
If you have carried out these checks but are still unsure if your proposed development needs planning permission or is permitted development then you may seek a formal confirmation by making an application for a ‘Certificate of Lawful Development of Use’. This is not compulsory but it does provide a formal record of whether planning permission was needed. This may be useful for example when you come to sell the property.
If you carry out work and it is subsequently determined that planning permission was required, then the planning compliance team may request the that you make an application for retrospective permission or restore the land or building to its former state.
Permitted development rights
The regulations allow for certain types of development to proceed without the need to apply for planning consent. The General Permitted Development Order (GPDO) specifies what would qualify for permitted development.