RCD_PLANPERMISSION(1).pdf

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Founder of the European Ropes Course Industry

The RCD Guide to Planning Permission

Contents

STEP ONE 2 Does my Ropes Course need Planning Permission?

STEP TWO 3 So I need Planning Permission What do I do next?

STEP THREE 4 How to make an application for your ropes course

STEP FOUR 5 Which type of application should I make?

STEP FIVE 8 The Main Issues

STEP SIX 11 What happens to your application?

STEP SEVEN 13 Building Regulations and other Legislation.

The Planning Process Simplied (Enlarged on P14) :

If you do not hear then you can appeal to the

Secretary of State for the Environment.

If it permission is refused, then talk to the

planning department in order to clarify the reasons why.

Ask what changes can be made.

If it has been refused you can submit another modiedapplication, free of charge, within 12 months

of the decision on your rst application.

STEP SEVEN

STEP SIXThe council will decide your application within eight weeks.

STEP FIVEThe council will acknowledge your application within a few days.

STEP FOURSend the completed application forms back to your local council, along with

the correct fee. Each of the forms must be sent along with a plan of the site

and a copy of the drawings showing the work you propose to carry out.

Photographs of the site will be helpful.

STEP TWOIf planning permission is required, ask for an application form. Ask if they

foresee any problems, which can be overcome by altering your proposal.

STEP ONEContact the planning department of your local council. Ask for their advice.

STEP THREEDecide what type of application you need to make.

FULL APPLICATIONIf you know what you wish to do and have prepared detailed

drawings.

OUTLINE APPLICATIONIf you want to see what the council thinks of the work you intend

to carry out before you go to the trouble of making detailed drawings.

Copyright Ropes Course Developments LTD 2012

Ropes Course Developments LTD, Lasham Woods, Lasham Road, Lasham, ALTON, GU34 5FZ. USE GU34 5SQ for Sat NAV. T: +44 (0) 1256 381188

+44 (0)1256 381188 [email protected] www.rcd.co.uk

The RCD Guide to Planning Permission 2006


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DOES MY ROPES COURSE

NEED PLANNING

PERMISSION?

The majority of land uses in England and Walesare dened by the Town and Country Planning"Use Classes Order". Ropes Courses and othertypes of outdoor recreational and trainingfacilities fall within Class D2 of the Order.In general:

Change of use of an area of land fromanother use, such as farming or forestry,to construct a Ropes Course, will requireplanning permission.

Construction of a Ropes Course structureand associated buildings, car parks andother facilities will require planning

permission.

There are very few exceptions, and these arecovered by the Town and Country Planning(General Permitted Development) Order.For example:

Use of land for any purpose for not morethan 28 days in any calendar year, includingthe erection of moveable structures neededfor that use.

Use of land for recreation or instructionby certain recreational organisations, beingthose holding a certicate of exemption under

Section 269 of the Public Health Act 1936.

Development on land within an amusementpark, including the installation of plant ormachinery used in connection with publicentertainment.

There are strict criteria applying to theseexceptions, and it is essential that you check theposition with your Local Authority.






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SO I NEED PLANNING

PERMISSION WHAT DO

I DO NEXT?

Visit or write to the Planning orDevelopment department of the LocalAuthority in whose area your site islocated.

The planning of recreational and trainingfacilities takes place at several levels. NationalPark Authorities and County Councils developgeneral strategies for their areas, while Districtand Borough Councils are more interested inspecic sites. In general, it is best to start withyour District or Borough Council.

Ask to see and read the Councilspublished Local Plan for the area in whichyour site is located.

This document will be divided into a "WrittenStatement" and a "Proposals Map", and youshould concentrate on the sections devoted tosuch matters as leisure, recreation countrysideand community facilities. The plan shouldidentify parts of the local authoritys area thatare considered suitable for such uses. It mayeven contain proposals for specic facilities,such as country parks or areas for intensiverecreation.

Make a note of any specic land useallocation shown on the "Proposals Map"which covers the area of your site.Some areas will be unallocated, for example

farmland, where it is generally expected thatthe existing use will remain. You may also ndthat the plan shows other types of designation,such as Floodplains, Conservation Areas, Sitesof Special Scientic Interest or Areas ofOutstanding Natural Beauty.

Read and take notes from the "WrittenStatement" about the Councils proposalsand policies for the area of your site.It will give details about any new sites beingproposed for outdoor recreational or trainingfacilities, and it will set out the criteria forassessing any proposals which are received.It will also explain what the various land

designations mean, and the way in whichdevelopment will be controlled in such areas.

Much of the content of the Councils LocalPlan will have come from higher levels ofauthority. The Council will have inbuilt aconsiderable weight of information derivedfrom Government Acts of Parliament,Circulars, or Planning Policy Guidance Notes,

from County Council Structure Plans, or froma variety of other sources. So if the Plan is upto date, you will not need to do much furtherresearch. You may nd that having read theLocal Plan, it seems that your current schemeis unlikely to receive Planning Permission;however, it may highlight more promisingalternatives. If your scheme seems to meetmost if not all of the criteria in the Local Plan,you should take things further.

Make an appointment to see either thePlanning Policy ocer or the DevelopmentControl Ocer within the District orBorough Council.

The Planning Policy Ocer is responsible forencouraging new developments that t in withthe Councils Local Plan objectives, while theDevelopment Control Ocer is responsible fordealing with specic Planning Applications.If you can meet both at the same time, youwill save yourself a lot of time and eort. Yournotes about the Councils Local Plan will giveyou plenty of information to support yourproposals. Explain how your scheme ts inwith a land allocation in the plan, or meetsthe objectives or policies in the plan. Giveoutline details of your scheme, highlightingwider community or recreational benetswhile staying clear of any controversial issues.

Now is also the time to conrm whether or notyour particular scheme would need PlanningPermission at all, for example if it is only aLow Ropes Course, and whether an Outline orDetailed Planning Application would be thebetter way to proceed.

REMEMBER Local Authorities have a dutyto control new buildings or changes of use ofbuildings or land. Control means nding abalance between the need for change and thewish to see the countryside protected. But theygenerally welcome development that would makea positive contribution to the community or theenvironment, and are reluctant to refuse Planning

Permission unless there are serious problems.You should come away from your meeting witha clear idea of whether to go ahead.






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HOW TO MAKE AN

APPLICATION FOR YOUR

ROPES COURSE

There are two types of Planning Application;

An Outline Application this is a relativelycheap and simple way of nding out whetheryou could build a ropes course. You need onlyto be able to identify the exact area of landyou intend to use on an Ordnance Survey1:1250 or 1:2500 scale plan. You will needto ll out an "Application Form" giving briefdetails of the proposals and outline theproposed site on the Ordnance Survey Plan inred, and a Certicate that you are the ownerof the land or entitled to a tenancy. You willpay a fee to the Council on the basis of theland area measured in units of 0.1 hectares.

A Detailed Application this is a more timeconsuming and expensive procedure. You willneed to ll out an "Application Form" givingbrief details of the proposals. You will alsoneed to supply an Ordnance Survey basedlocation plan showing the site outlined in red,a block plan at 1:500 or 1:200 showing therelationship of the site to surrounding areas,and plans/elevations of all the buildings andstructures at 1:100 scale. The applicationshould also be accompanied by a designstatement explaining the scheme.

4 Copyright Ropes Course Developments LTD 2012





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WHICH TYPE OF

APPLICATION SHOULD

I MAKE?

An Outline Planning Application will only beappropriate in certain cases. For example;

If you do not wish to spend a lot of time andmoney having detailed plans for a projectdrawn up.

The disadvantages of an outline application arethat:

The lack of detail in the application tends toworry local authorities and residents, leadingto requests for more detailed information.

You will still need to make a more detailed

application with full plans, called a "ReservedMatters" application, even if the OutlineApplication is approved.

Normally, you should make a Detailed PlanningApplication for your project. While this mayinvolve more time and expense at the outset,you should get a quicker decision.

Here is some advice on making your application;

If the application is complicated, considerappointing a professional consultant.

The Local Authority Planning Departmentand the Royal Town Planning Institute

(tel. 0171 636 9107) can tell you aboutconsultants in your area. They will be able togive you an estimate of fees, depending onwhether you only need them to make andhandle the application process, or willexpect them to prepare all the necessaryplans and documentation. Remember that itmay cost you less to buy a small amount ofprofessional help at the outset rather thanpay for more extensive help later to sort outavoidable problems!

Check that there are no other controls suchas Tenancies, Legal Covenants or Rights ofWay over your site. These may not stop you

applying for or even getting Planning

Permission, but you will not be able to startconstruction unless they have been fullyresolved. You should check your Deeds andconsult a solicitor.

Ask your Local Authority to send you at least

ve sets of Planning Application forms and acopy of any explanatory notes or guidelines.Read these carefully, since every localauthority has slightly dierent requirements.

The application form will always ask for:

your full name and postal address - thesemust be legally identiable.

the name and address of any "agent" or"consultant" acting for you.

the location of the site, with an OrdnanceSurvey eld number or grid reference.

the area of the site in hectares. a description of the proposed development

use a clear description such as:

"Use of land for the erection of a RopesCourse. Associated administration building,toilets and changing rooms. Form newvehicular access and car parking area."

There will be further questions about the project.These will normally include details of:

materials to be used in any new buildingsand structures.

any trees to be removed. any new or modied accesses to a public

highway.

arrangements for dealing with foul or surfacewater drainage.

If your project is a commercial undertaking,you will also be asked to ll in a second formgiving details of the relationship between yourproposals and any existing use adjacent to thesite. This might include other types of outdoorrecreation facility, or a hotel or conferencecentre. It will ask for details of storage of anyhazardous materials, disposal of trade refuse,parking provision, numbers of vehicles enteringthe site each day, oorspace for dierent useson the site, and numbers of employees. It isimportant to give specic answers to these

questions, but if in doubt, say so on the form.






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A Landscaping scheme at a minimum scaleof 1:200 will normally be required as part ofany application for a Ropes Course. It shouldcomprise:

a survey of all existing features

features of landscape, amenity or natureconservation interest to be retained hard landscaping including walls, and

ground surfacing soft landscaping, size, species and position

of trees and shrubs. protection measures for trees and other

features during construction a maintenance scheme for at least two

years from completion

A Tree Survey at a minimum scale of 1:200is essential in the case of a Ropes Coursedevelopment located in woodland. Such a surveyshould be carried out by a qualied person and

should accurately plot the position, trunk girth,height, canopy spread, species and condition ofall trees on the site. It should also give cleardetails of which trees are to be used to constructthe course, and measures to ensure their safetyand survival.

Photographs of the site are not mandatory.In some instances, Local Authorities will acceptphotographs or photomontages of certainstandard items such as litterbins or portablebuildings. It is unlikely that they will accept themin lieu of 1:100 plans and elevations.Photographs of the site "as existing" may be veryhelpful, but it is important to accompany them

with a caption sheet and plan showing thedirection of each view.

The Design Statement is an important partof the application. Many Local Authorities,consultees and members of the public willnot know what constitutes a Ropes Course.

The statement should:

briey explain the concept of a Ropes Course explain the background to the project say why the chosen site is appropriate mention any positive planning, community

or nancial backing give a statement of objectives for the project explain the design principles behind the

Course say who is expected to use the course emphasise any community benets mention any employment opportunities say how any likely problems will be minimised

Since the Statement may be read separatelyfrom the remainder of the application, it is worth

considering making it a bound documentcontaining reduced size copies of all the planstogether with photographs, artists impressions,and other supporting information. This mightinclude extracts from other publications or docu-ments that support the concept of ropes courses,or explain how well they have tted in othersituations. Dont forget you are selling an ideato people who may be reluctant to acceptchange!






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THE MAIN ISSUES

Any Planning Application for a new RopesCourse will raise a variety of issues. Some ofthese will be common to any proposal, somewill be unique. The most common issues apply

to many types of development in countryside orwoodland areas;

Scale the scale of a development is crucial.Any new scheme should be generally smallin scale and not designed to attract largenumbers of people on a casual basis. Certaintypes of site may be located within specicareas for high intensity recreation or traininguse, such as Country Parks or Picnic Areas,but these are few and far between. Schemesbased around existing buildings or facilitiesare likely to be more acceptable than newsites. High ropes courses which are visiblefrom a long distance are likely to raise more

objections than low ropes courses whichcannot easily be seen. Courses set into naturallandscape features such as trees or valleys willbe less intrusive than pole based courses onat or unscreened sites.

Access high volumes of vehicular tracare actively discouraged from using countrylanes and byways. Any proposal which givesrise to increased trac will be resisted. It maybe possible to reduce trac problems byencouraging the use of public transport,cycling or pedestrian access instead of privatecars. If road vehicles are essential, participantsshould be encouraged to use organised group

transport from a common origin.

Parking parking areas are large andunsightly. Planning Authorities often insiston high levels of car parking for recreationalfacilities, but then use the resulting problemsto refuse permission. Standards vary betweenauthorities, but average 1 space for every3 members of sta and 1 space per3 participants.

Nature and Geological Conservation there are several types of nature or geologicalconservation areas which may raise issues.

These will be revealed on the Councils LocalPlans, and will include:

Internationally Important NatureConservation Sites (IINCSs)

Ramsar Sites wetland sites Special Protection Areas EC sites of special

importance for birds Special Areas of Conservation EC sites

of special natural interest

National Sites

National Nature Reserves owned or leasedby English Nature

Sites of Special Scientic Interest (SSSIs) identied by English Nature

Regional and local sites

Sites of Nature Conservation Interest (SNCIs) non statutory

Regionally ImportantGeological/Geomorphological Sites (RIGS) non statutory

Other sites

Local Nature Reserves usually managedby Local Authorities

Non statutory nature reserves usuallymanaged by wildlife organisations

Protected Species

The known habitats of rare species protectedby the Wildlife and Countryside Act, Protectionof Badgers Act and other legislation, such as:

Bats and Badgers Sand Lizards Smooth Snake Red Squirrel Early Spider Orchid






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Trees

Many trees are protected by Tree PreservationOrders (TPOs). These are divided into threecategories:

Woodland Orders protecting large areasof woodland Group Orders protecting small isolated

groups of trees Individual Orders protecting individual trees

Specic permission must be obtained from theLocal Authority for the lopping, topping or fellingof any tree protected by a Tree PreservationOrder. The assistance of a qualied Tree Surgeonor Aboriculturalist will be needed to support anapplication. This must be accompanied by acondition survey, which needs to show that thetree is dead, dying or dangerous. Permissionto fell or lop trees covered by an Order in order

to construct a Ropes Course is unlikely to begranted. If permission is granted, it is likely toinclude conditions requiring replacement treeplanting. Please refer to "RCDs Guide toIssues concerning the Use of Ropes Coursesin Trees" for more information.

Hedgerows

Some hedgerows are protected under theHedgerow Regulations. This allows LocalAuthorities to prohibit the removal of "important"hedgerows, dened as having been in existencefor more than 30 years and which meet criteriasuch as being an ancient parish boundary or

containing important species.

Some nature conservation sites can have morethan one designation. Development which mayaect them is tested against rigorous criteria.At the highest levels, development is rarely ifever permitted. Even on sites of regional orlocal importance, the developer would haveto prove beyond doubt that the communityor environmental benets of any schemewould far outweigh any damage to the site.

Landscape Conservation outside NationalParks, there are other types of landscapeconservation area, which are shown onCouncil Local Plans. They include:

Areas of Outstanding Natural Beauty(AONBs)

Heritage Coasts Green Belts buers between areas of major

development.

Development in the above areas is tested againstspecic criteria. Generally, development wouldbe rejected if it were likely to cause serious harmto the character of the landscape or othernotable features of such areas. Ropes Coursesand other recognised forms of low/mediumintensity countryside recreation or training willnot normally cause serious harm, and can often

be successfully integrated into the landscape.In some areas, such as designated Green Belts,there is limited encouragement of facilities thatprovide access to the countryside for adjacenturban populations. In every case however, useof or extension to existing facilities is more likelyto achieve permission.

Conservation of Natural Resources thereare several areas which are regarded asbeing at risk from damage by development.

These include:

High Quality Agricultural Land Groundwater Source Protection Areas

Development on Grades 1, 2 and 3 AgriculturalLand is only allowed where it would meet verystrict criteria. It is not permitted in areas whereit could endanger the quality of water inwatercourses or aquifers.






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Conservation of Cultural and HistoricFeatures every part of England and Walescontains numerous sites or areas of interest.

These are normally divided into the followinggroups and either listed or occasionallymapped on Local Plans:

Scheduled Ancient Monuments sites ofnational importance

Unscheduled Ancient Monuments sitesidentied by local archaeological survey

Listed Buildings Conservation Areas Historic Parks and Gardens

It is likely that some Ropes Course schemeswould aect Scheduled or Unscheduled AncientMonuments. Such schemes would be subjectto very rigorous criteria and it unlikely thatpermission would be given if there were anyvisual or other impact on the monument or

its setting.

Listed status for any building automaticallyprotects its curtilage and setting. Developmentwhich would aect either the building directly orits setting requires a specic form of applicationto be made to the Local Authority, known as"Listed Building Consent". The procedure issimilar to that for obtaining Planning Permission,and the process can be run in parallel. Four setsof Listed Building Consent applications forms andaccompanying plans have to be sent to the LocalAuthority, but the nal decision is normally madeby the responsible Government Department.Any proposals for a Ropes Course within the

grounds of a Listed Building would normally beresisted if the facility would be detrimental to thesetting of the building. In some cases, LocalAuthorities are prepared to moderate their viewson such development if it could in some way helpto contribute to the upkeep of a threatened build-ing, or would be set in areas well away from themain range of buildings.

Conservation Areas are primarily to be found incities, towns and villages, and are unlikely to bethe setting for Ropes Course schemes. The crite-ria applying to schemes in Historic Parks andGardens are largely the same as those applyingto Listed Buildings.

Hazardous Environments there are threetypes of hazard which are relevant to theplanning of Ropes Course schemes.

These are;

Natural hazards which may threatendevelopment, such as ooding or coastalerosion

Man made hazards which may threatendevelopment, such as land instability orcontamination

Man made features that must be protectedin order to avoid potential hazards to users,such as gas pipelines or oil installations.

Such areas or features are sometimes butnot always identied in Council Local Plans.Permission for any development that may beaected by such hazards is likely to be rejectedunless measures are taken to reduce the risks.






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WHAT HAPPENS TO

YOUR APPLICATION?

A. REGISTRATION

Shortly after submitting your application to theLocal Authority with the correct fee, you willreceive an acknowledgement and receipt. Theapplication will have been added to the Registerof Planning Applications, and allocated a uniquereference number.

Your acknowledgement should give you thefollowing information;

The date of registration The registration number The names of the case ocers dealing

with the application

The date by which a decision should havebeen made

Many Local Authorities operate a schemeof "Ocer Delegation". Decisions on manytypes of application are taken by the ocerswithout being referred to a Planning Boardor Committee. These include very smalldevelopments that are unlikely to raisecontroversial issues or objections. However,because of their nature, it is likely that anapplication for a Ropes Course will eventuallybe referred to the Council for a decision.

B. CONSULTATIONThe Local Authority will then begin a process ofconsultation. Broadly this comprises:

Technical consultations with statutory publicbodies and organisations, e.g.

The Highway Authority (usually the CountyCouncil) about road access

English Nature about nature conservationissues

Forestry Commission about issues aectingforestry

Department of National Heritage about listed

buildings or archaeology

Environment Agency about matters aectingdrainage or rivers

Technical consultations with otherorganisations, e.g.

Local wildlife groups Technical consultations with local bodies and

organisations Local archaeological societies Amenity groups

Informing local people, e.g.

Parish Councils Community Councils Local residents associations Adjoining owners and residents

All these "consultees" are given a period of time,usually 21 days in which to make representations

or objections to your application. In some cases,they may ask the Council for further informationabout the scheme. If the Councils PlanningOcers cannot supply the information, theymay write to you. Try to write back as soon aspossible, since any delay will have a "slowingdown" eect on the process, as the Councilocers will have to relay the additionalinformation to those who raised the query,giving them more time to reply.

You may feel that it would be worthwhile"canvassing" or "lobbying" support for yourscheme with local organisations and residents.

This is not normally wise. Unless you are

prepared to go to the trouble and cost ofcirculating detailed information to a largenumber of people in a short period of time,there will always be someone "left out" whocould become your biggest objector.

Even if you decide to send details only to themembers of the Council or Planning Board,ensure that everyone receives the sameinformation. Unless there are particular issuesthat need a "personal" approach, leave thepresentation of your scheme to the PlanningOcer.You may be accused of trying to "railroad"a scheme through the system it rarely works!






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C. POLICY

CONSIDERATIONS

The Planning Ocer will consider yourapplication against existing Council policies

and any past history of decisions on your site orsimilar planning applications. If you have doneyour pre-application work thoroughly, you shouldbe aware of the way in which the ocers arelikely to assess your scheme. They will also checkthat the application meets technical standards forsuch matters as car parking.

D. SITE VISIT

The Planning Ocer will visit the site, take notesand photographs and possibly go to see theowners or occupants of any adjoining land orproperties. He may discuss any concerns they

have, but will always ensure that they see theplans and make any representations in writing.He may contact you for further information at thisstage as a result of any representations receivedfrom neighbours.

E. REPORT

The Planning Ocer will usually prepare areport, which is circulated in draft to seniorocers and sometimes Councillors for comment.

The report will describe the development andall the main issues. It will set out any policybackground which supports the scheme, and any

which would be compromised. It will also prcisthe results of statutory consultations and anyletters of objection. The report will concludeby summarising the main points in favour andagainst the scheme, and make a clear recom-mendation to the Planning Committee or Board.

F. DECISION

Local Authorities are bound to issue a decisionwithin eight weeks of registration of yourapplication, unless this period has been extendedby mutual agreement, for example if additionalinformation has been requested.

If the decision has been delegated to thePlanning Ocer, he will either issue a PlanningPermission (conditional or unconditional) or aRefusal of Planning Permission.

If the decision is to be taken by a Planning

Committee or Planning Board, they will meetand consider the Planning Ocers report andrecommendation. You will not normally be givenan opportunity to explain your scheme to theCouncillors, although some Local Authoritiesallow applicants and objectors time to speakduring the meeting. The Committee or Boardis not bound to accept the Planning Ocersrecommendation. They may either decide toaccept it, or reject it.

They may decide to defer consideration forfurther information, revised plans or a "SiteMeeting". In controversial cases, a "Site Meeting"will allow Councillors to see the site for them-

selves and hear pro and counter argumentsfrom you the applicant, and from consulteesand objectors. You should regard a "Site Meeting"by the Council as a good opportunity to presentyour application without relying on the PlanningOcers to do it for you. It will give you a betterinsight into any objections, and the chanceto address any issues before the plans arereconsidered by the Council.

When the Council have nally met to make adecision, they will take account of any issuesraised at the "Site Meeting" and revisions to thescheme. They will then authorise the PlanningOcer to issue either a Planning Permission

(conditional or unconditional) or a Refusal ofPlanning Permission.

Planning Permissions will state the nature of thedevelopment and list any Conditions that willapply to the development. These must be fairand reasonable, and may include such mattersas control over operating hours or landscaping.

G. APPEAL

If your application is Refused, or you areunhappy with any of the Conditions on aPermission, you have the right of Appeal to

the Secretary of State within six months of thedecision date.

www.rcd.co.uk



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BUILDING REGULATIONS

AND OTHER LEGISLATION

Before starting work on your scheme, you shouldcontact the Building Control Department of the

Local Authority to nd out whether any aspectsof the scheme may require Building RegulationsApproval or other approvals. Send them a copyof the scheme, which received planningpermission for a full response.

USEFUL REFERENCES:

In addition to the Structure and Local Plansprepared by individual Local Authorities, thefollowing Government Planning Policy GuidanceNotes may be useful:

PPG 1 General policy and principles

PPG 7 The Countryside: Environmental Qualityand Economic and Social Development

PPG 9 Nature ConservationPPG 15 Planning and the Historic EnvironmentPPG 16 ArchaeologyPPG 17 Sport and RecreationPPG 21 Tourism

They may be obtained from:

The Stationery Oce Bookshop123 KingswayLONDONWC2B 6PQ

Tel. 020 7242 6393

If you need any further assistance with yourplanning application you should contactRCDs recommended Planning ConsultantDavid Morgan:

[email protected]

Alternatively contact RCD:

0870 429 6980 or email [email protected]

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Contact us today for a free site visit anywhere in the UK:

The RCD Guide to Planning Permission


Ropes Course Developments LTD Lasham Woods Lasham Road Lasham ALTON GU34 5FZ USE GU34 5SQ for Sat NAV T: +44 (0) 1256 381188



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