How can I find out about the planning applications around me?

Householders will be informed of any application on adjoining land.

How do I object to or comment on an application?

If you wish to comment on a planning application write or e mail to the above.

Please note you can only object to a planning application where a decision has not yet been made. To find out the status of a particular planning application contact the planning office. It is always advisable to make an appointment with an officer if you feel the need to discuss a proposal.

What is Planning Permission and Building Regulation Approval?

Planning: The Planning Service controls the development and use of land. To do this, the Council considers planning applications and decides whether to give permission or not. The aim of the Sandwell Council's Planning Service is to ensure that we protect and improve the quality of the environment by making sure that all new development is well designed, appropriate and will not cause harm to neighbours.

Building Control: Building Control ensures that building works comply with the health, safety, energy conservation and access for the disabled requirements as laid down in the Building Regulations and Building Acts. Building Regulation Approval is the means by which the Building Consultancy Service checks that building work is carried out to the correct standard.

• Full guidance on Planning Permission
• Full guidance on Building Regulations

Will I need Building Regulation Approval when I have Planning Permission?

In some instances you may find that you need both or either Building Control Approval and/or Planning Permission.

When should I apply?

In both the case of Planning Permission and Building Regulations, before the work commences.

How do I apply for Planning Permission?

The process of applying for planning permission is explained below. Should you have any queries the Planning staff will be pleased to assist.

Pre-Application Discussion

Before submitting an application you may wish to discuss your proposals with a planning officer. The Council has long supported the concept of pre-application discussions in order to help improve the quality of development proposals and to speed up the process of determining planning applications. Advice provided by the Council during pre-application discussions will be given in good faith but without prejudice to the determination of any application that may be submitted.

Planning Application Forms

We actively encourage you to use the Planning Portal for submission of all the above applications online whenever possible. You can download a number of application forms from the Portal for submission.

Plans/Drawings and Ownership Certificates

Appropriate guidance notes relating to the completion of each type of form and the submission of supporting information are attached to each form. Four copies of all plans and drawings are required.

These must be an accurate representation of the proposed development, usually at a scale of 1:50 or 1:100 and include sufficient information to allow both the Council and members of the public to clearly see what is proposed. In addition to this, four copies of a location plan, usually at a scale of 1:1250, must be submitted with the site boundary clearly edged in red.

The Council has a license agreement with the Ordnance Survey to enable it to supply location plans for submission with planning applications.

Details of the current cost of these location plans can be obtained from the planning office. Applications must be accompanied with the appropriate completed ownership certificate.

Fees

The fee payable maybe different for each application, details are given on the individual forms listed above. Payments can be made by either sending a cheque to the address stated within the form, via telephone on 0845 3553500 or online.

A planning application fee calculator is available via the Planning Portal website.

Not all Planning Applications have to be considered by the Planning Committee. There is a wide range of applications that can be dealt with by the Director of Planning and Transportation as what are called "delegated matters".

For those applications that are to be considered by the Planning Committee the index to the meetings and recommendations are now available on the internet. (Full Reports will be available shortly)

• CMIS (Committee Management Information System) website.

How do I obtain Building Regulation Approval?

There are two types of Building Regulation Approval:

• For all non-domestic proposals a Full Plans application must be submitted.
• For domestic proposals you have a choice of either a Full Plans application or a Building Notice application.  (Building Notice applications cannot be used in certain circumstances.)

The Full Plans Procedure

As the name suggests, full plans of your proposals must be submitted, drawn to a suitable scale. The plans need to be working drawings, and may need to contain complex technical details.

Unless you posses sufficient skills it may be best to appoint a Surveyor, Architect, or Technical Draughtsman. Information that should generally be shown on the plans includes:

• Elevations.
• Floor Plans.
• Detail Sections through the proposal.
• Site location plan.
• A full written specification.
• Drainage details.
• Calculations for structural members and on occasion, thermal insulation values and drainage capacities.

When your proposals have been checked in accordance with the Building Regulations we may need to contact you to discuss items of non-compliance, if amended details are provided to show compliance, your plans will then be approved.

When your plans are approved you will receive an Approval Certificate and a set of plans stamped with an approval date and plan number.

If the works are carried out in accordance with the approved plans there should be no fear of contravening the Building Regulations during the building process.

The Building Notice Procedure

This is a simpler approach particularly suitable for smaller projects such as bathroom installations, minor structural alterations and domestic extensions.

This option can be used for all work other than for buildings where mandatory means of escape regulations apply, the Regulatory Reform (Fire Safety) Order 2005. This generally means that work relating to offices, shops, factories and public buildings cannot be carried out under a Building Notice.

The Building Notice procedure cannot be used if the proposal is within 3.0m of a public sewer shown on the map of sewers.

If you decide to use the Building Notice procedure, the following information should be submitted:

• A Site location plan.
• A full and detailed description of the proposed work .
• A completed application form.

If the project contains specialist components that cannot be fully assessed for compliance with the regulations by site visit alone the Council may request that further information is provided as the project proceeds.

When using the Building Notice procedure, the application is not approved, it is merely accepted by the Council as intent to build. The work may commence 48 hours after the deposit of your Building Notice.

The main advantage of using this procedure is that you do not need to go to the expense of having detailed plans prepared, but on the downside, should the work on site be found to be incorrect, you could find yourself having to carry out expensive remedial works.  You are advised to restrict your use of this procedure to minor works only.  You are advised not to use if for extensions or loft conversions.

With this procedure the full Building Notice charge is payable when the notice is deposited. If you have any concerns regarding this alternative approach please contact a member of the Building Control Team who will be pleased to assist.

Applications are available from the office, contact details are set out above.

How long will it take to obtain planning permission?

The Council aims to decide 80% of applications within 8 weeks. However, some planning applications raise complicated issues. By their very nature such applications will take longer to deal with and be subject to some variations in procedure.

When can I start work?

Building Control: Once you have made a Building Regulation application, you can normally start works 48 hours after giving Building Control notification of your intended start date. However, if your application is a 'Full Plans' type, then any works you carry out on site that are subsequently found to be in non-compliance after examination of the plans will have to be corrected.

NB: if a planning application is also required for the works, then work must not commence until the necessary permission has been granted.

Options for notification to building control, are by telephone, fax, email, proforma notification card issued with the Full Plans Approval or Building Notice acknowledgement.

Planning: Once you have received your approval notice from the Council and the relevant conditions have been satisfied.

What happens if I do work without approval?

Building Control: It is an offence to carry out works that are subject to Building Regulations without first obtaining approval. Should you be caught carrying out works you could be subject to legal prosecution and/or a continuing fine until the works are removed.

If you fail to remove the offending works, then the authority have the powers to remove and recover costs from the owner.

Planning: If you build something that needs planning permission without obtaining permission first, you may be forced to put it right later, which could prove troublesome and costly. You might even have to remove an unauthorised building.

If you required permission for work the Council may simply ask you to apply retrospectively. However, this can depend on the nature of the development and its effect on neighbours so if the Council considers it necessary it will take enforcement action immediately and require you to cease activities, or demolish problem buildings. Failure to comply with a notice could involve criminal proceedings.

How much will my application cost?

• Planning
  The cost of applications for planning permission varies, to find out the cost of specific planning application refer to the above contact points.
• Building Control
  Building Regulation work is subject to charges. Charges for the "Full Plans" option are required in two stages. A charge is payable when an application is submitted and a further charge is payable after the first inspection of the works on site.
• Building Notice
  A single charge is payable upon submission of the notice. This charge is equivalent to the combined "Plan Charge" and "Inspection Charge" which would be payable when making a "Full Plans" application.

How long does permission last?

• Building Control
  Permission will last for 3 years from the date of Full Approval or Building Notice acknowledgement.
• Planning
  Full permission is valid for five years so you can start any time during that period but not starting will mean reapplying. If outline permission has been granted, you will need to submit for the approval of reserved matters within 3 years. Temporary planning permissions can be limited to lesser periods.

How do I appeal against a decision?

If the Council refuses permission or imposes conditions it will give reasons. If you are unhappy or unclear about the reasons for refusal or the conditions imposed, please contact the officer who processed your application.

Planning

You must make an appeal against a decision on planning permission within six months. If after speaking to the planning officer you wish to appeal against a refusal of planning permission or against a condition which is imposed on an approval you can appeal to the Secretary of State. For an application to appeal, you will need to write for an application form to:

The Planning Inspectorate
Room 3/17
Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

For more information about appeals against Planning Permission you can view the Planning Inspectorate web site: www.planning-inspectorate.gov.uk.

Building Control - Determinations

Where the Council decides that your deposited plans do not comply with one of more requirements of the Building Regulations but you believe that they do, you will need to apply to the Secretary of State for a determination. Your application should be made in the form of a letter, with relevant enclosures as indicated below.

• The names and addresses of the parties involved, including any agents, the local authority, and the full address of where the proposed building work will be carried out.
• A statement setting out details of the building, the proposed work, and the matter in dispute.
• A statement setting out your case for compliance with the particular requirement of the Building Regulations in question.
• A copy of each of the plans of the proposed work and other documents which have been submitted to the local authority with your 'full plans' application, and all of the relevant correspondence with the authority, including the 'notice of rejection of plans' if one has been issued.
• A copy of any listed building consent where the proposed work has required this. If relevant, a copy of any associated planning permission relating to the listed building should also be provided.
• A copy of any other documentation - whether commissioned by you or otherwise - supporting your case for compliance, including any calculations. Where appropriate, it may also be provided.
• A fee is payable for a determination and should be included with your application. It is calculated on the basis of half of the local authority's plan charge, excluding VAT, subject to a minimum limit of £50 and an upper limit of £500. Cheques should be made payable to "Department for Transport, Local Government and the Regions".

You should send your letter of determination and all of the relevant documentation to:

Department for Transport
Local Government and the Regions
Building Regulations Division
Floor 3/C1
Eland HouseBressenden Place
London
SW1E 5DU

Telephone: 020 7944 5748/5739
Email: bregs.br@dtlr.gov.uk

Please note that you must apply for a determination before the work, which is in dispute, has commenced.

Appeals

If the Council refuses your application for a relaxation or dispensation of a particular requirement of the building regulations, then you have the right to appeal to the Secretary of State. Your application should be in the form of a letter, with the relevant enclosures as indicated below:

• The names and addresses of the parties involved, including any agents; the local authority and the full address of where the building work will be/has been carried out.
• A statement setting out details of the building, the building work, and the matter in dispute.
• A statement setting out your case for either relaxing or dispensing with the particular requirement of the Building Regulations in question.
• A copy of each of the plans of the building work and other documents which were submitted to the local authority with your relaxation or dispensation application and of all relevant correspondence with the authority involved, including the authority's 'notice of refusal'.
• A copy of any listed building consent where the building work has required this. If relevant, a copy of any associated planning permission relating to the listed building should also be provided.
• A copy of any other documentation - whether commissioned by you or otherwise - supporting your case for relaxation or dispensation, including any calculations. Where appropriate, it may also be helpful to include a location and block plan, and a few photographs of the building work to illustrate particular points.

No fee is payable for an appeal.

You should send your letter of appeal and all the relevant documentation to:

Department for Transport
Local Government and the Regions
Building Regulations Division
Floor 3/C1
Eland HouseBressenden Place
London
SW1E 5DU

Telephone: 020 7944 5748/5739
Email: bregs.br@dtlr.gov.uk

You can download a leaflet by the Department of Transport Local Government Regions regarding Appeals and Determinations at: www.odpm.gov.uk

Can I obtain planning history for my property?

A. You can obtain the planning history of your property by contacting the planning service and asking for details. The Planning Office will advise you of the appropriate fee for this service.

How do I find out whether a property is listed or not?

You can find out whether your property is listed or not by contacting the Planning Office.

How can I find out about the planning applications around me?

You can visit our online Planning Public Access system where you can search by site address or application number to find out the planning history on a site and surrounding area.

Please complete and submit the Planning Contravention Form or contact the Planning Office on 0121 569 4045/4044.