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Post decision approval

A decision to approve a development from conservatory to housing estate will result in different issues and sometimes further requirements for different interested parties. This will depend on if you were supporting, objecting or were the applicant. At the same time there may be other permissions or consents needed to allow the development to proceed. Approval from the Local Planning Authority does not mean that the development can or will go ahead and the authority may need further involvement.  This page seeks to outline some of the next potential steps necessary. 

Reserved Matters

If the permission granted was for outline permission, it is likely that there will be some reserved matters.  These are matters such as layout and landscaping that will need a further planning application approval and may be one or more applications for different issues and may also be for only part of the original site.  Applicants are advised to discuss what is required with the Local Planning Authority for a reserved matters application/s using its pre application service.  Both objectors and supporters of the scheme would have a further opportunity to comment on any reserved matters application/s. 

Planning Conditions

An approval may have planning conditions imposed.  The nature of these conditions can vary and you should read these carefully.  Some conditions will require further approval from the Local Planning Authority, for example agreement of specific materials to be used in the development.  Some conditions will require specific actions to be undertaken and potentially in a specific order, for example tree protection during development prior to other development starting.  Some conditions will impose ongoing requirements that need to be complied in perpetuity, for example opening hours for shops or removal of rights to extend a dwelling in the future without further permission.   

For conditions that need further approval from the Local Planning Authority, an application for approval of matters reserved by condition can be made and planning officers with consultation if judged necessary will accept or refuse submission of details.

Conditions can sought to be removed or varied via a new application, but if you intend to apply for this you should discuss the matter further with the Local Planning Authority. 

Non Material Amendments

After an approval further thoughts on the design or due to requirements of building regulations alterations to the approved development may sought or be required.  A revised application may be needed, but if the alteration is not material it may be regarded as a non material amendment and this can be applied for instead of a new planning application.  However, it is for the Local Planning Authority to determine if the alteration is material or not and their judgement is final. 

In most cases the following as amendments to previously approved plans are accepted:

  • Reduction in the volume / size of the building/extension
  • Reduction in the height of the building/extension
  • Amendments to windows / doors/openings that will not have any impact on neighbouring properties

The following would normally take a development beyond the scope of the permission and will therefore require a fresh application to be submitted:

  • Significant increase in the volume of the building / extension
  • Significant increase in the height of the building / extension
  • Changes which would conflict with a condition on the original approval
  • Additional and / or repositioned windows / doors/openings that will have an impact on neighbouring properties
  • Changes which would alter the description of development from the original application
  • Amendments that would warrant re-consultation either of neighbours, council departments or statutory bodies

Alterations to Listed Buildings are always material and not accepted as non material. Judgement on these matters will always take into account issues and considerations at the time of the decision and the context of the development approved as a whole. 

Appealing the decision

The applicant can appeal the decision in respect of any condition imposed.  There is currently no third party right to appeal. 

Further information on appeals can be found here. 

Other Consents/Permissions

While planning approval has been given, other authorities may need to provide agreement.  If the development includes works the public highway, including access or other connection to the highway or works to public footpaths this may also need permission from Suffolk County Council as either authority or landowner. 

Approval applies to the land, but does not override any ownership issues that are private legal matters and may need to be resolved prior to any implementation of development. 

Development near rivers and ditches depending on the type of development may need to involve the Environment Agency.  Sewer and surface water connections may need the involvement of Anglian Water.  Building Control and Licencing may also be involve in certain types and sized developments and a developer is advised to check on these matters.

Community Infrastructure Levy (CIL)

For some development a payment of CIL may be needed and this needs to be checked very soon after the release of an approval.  

Further information on CIL can be found here.