| Informative Notes: | | 1
)In accordance with Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan comprising of the Regional Spatial Strategy for the East of England (the East of England Plan and the Milton Keynes and South Midlands Sub-Regional Strategy), Bedfordshire Structure Plan 2011 and the South Bedfordshire Local Plan Review and material considerations do not indicate otherwise. The policies which refer are as follows:
East of England Plan (May 2008)
ENV7 Quality in the Built Environment
Bedfordshire Structure Plan 2011
None
South Bedfordshire Local Plan Review
BE8 Design Considerations
H13 Extensions to Dwellings in the Green BeltIn accordance with Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan comprising of the Regional Spatial Strategy for the East of England (the East of England Plan and the Milton Keynes and South Midlands Sub-Regional Strategy), Bedfordshire Structure Plan 2011 and the South Bedfordshire Local Plan Review and material considerations do not indicate otherwise. The policies which refer are as follows:
East of England Plan (May 2008)
ENV7 Quality in the Built Environment
Bedfordshire Structure Plan 2011
None
South Bedfordshire Local Plan Review
BE8 Design Considerations
H13 Extensions to Dwellings in the Green Belt |
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)In accordance with Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, the reason for any condition above relates to the Policies as referred to in the Regional Spatial Strategy (RSS), Bedfordshire Structure Plan 2011 (BSP) and the South Bedfordshire Local Plan Review (SBLPR).In accordance with Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, the reason for any condition above relates to the Policies as referred to in the Regional Spatial Strategy (RSS), Bedfordshire Structure Plan 2011 (BSP) and the South Bedfordshire Local Plan Review (SBLPR). |
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)The Buckingham & River Ouzel Internal Drainage Board advise that it is essential that ground conditions be investigated and if found satisfactory, the soakaways constructed in accordance with the latest Building Research Establishment Digest.
Please note that the watercourse on the boundary of, or passing through this site is under the statutory control of the Board. In accordance with the Board's byelaws, no development should take place within 7 metres of bank top, without the Board's prior consent, this includes any planting, fencing or other landscaping. Please contact the Internal Drainage Board at Cambridge House, Cambridge Road, Bedford, MK42 0LH - Telephone (01234 354396) - E-mail contact@idbs.org.ukThe Buckingham & River Ouzel Internal Drainage Board advise that it is essential that ground conditions be investigated and if found satisfactory, the soakaways constructed in accordance with the latest Building Research Establishment Digest.
Please note that the watercourse on the boundary of, or passing through this site is under the statutory control of the Board. In accordance with the Board's byelaws, no development should take place within 7 metres of bank top, without the Board's prior consent, this includes any planting, fencing or other landscaping. Please contact the Internal Drainage Board at Cambridge House, Cambridge Road, Bedford, MK42 0LH - Telephone (01234 354396) - E-mail contact@idbs.org.uk |
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)Please note that the unnumbered drawings submitted in connection with this application have been given unique numbers by the Local Planning Authority. The numbers can be sourced by examining the plans on the View a Planning Application pages of the Council's website www.centralbedfordshire.gov.uk.Please note that the unnumbered drawings submitted in connection with this application have been given unique numbers by the Local Planning Authority. The numbers can be sourced by examining the plans on the View a Planning Application pages of the Council's website www.centralbedfordshire.gov.uk. |
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)This permission relates only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment or under the Building Regulations. Any other consent or approval which is necessary must be obtained from the appropriate authority.This permission relates only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment or under the Building Regulations. Any other consent or approval which is necessary must be obtained from the appropriate authority. |
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)The Council Highway Development Control Service advises as follows with regard to the 'Stopping up' required by condition number 3 of this permission:-
ADVICE FOR APPLICANTS ON STOPPING UP OF HIGHWAYS
(Town and Country Planning Act 1990 Section 247)
1. INTRODUCTION
1.1 A public highway may have within it areas which are, for any one of a number of reasons, unnecessary as highway. Such areas remain highway however, unless and until they are stopped up by a formal legal procedure. While they are highway you cannot legally enclose them, plant them or build anything on them. Even low fences or retaining walls cannot be erected without you first obtaining a formal licence from the Central Bedfordshire Council. This note does not, however, deal with these licensable structures, but explains the procedures which you will have to follow if you want to erect a more substantial structure (e.g. a garden fence or wall, a porch, garage or building extension) on land which is at present highway but is unnecessary as such.
1.2 A substantial structure such as those mentioned above cannot legally be erected on the highway, so before you put up a garden fence or build a porch, for example, in such a position, you must obtain a Stopping Up Order formally extinguishing highway rights over the area concerned. Assuming that such an Order would be acceptable to the Central Bedfordshire Council there are two other matters which must first be taken into account namely the possible presence of public utilities' apparatus (i.e. gas, electricity, water, sewerage or telephone cables, pipes etc.), and ownership of the land.
2. PUBLIC UTILITIES' APPARATUS
2.1 You will have to find out whether there is any public utilities' apparatus in, on or over the land concerned. This will sometimes be obvious from inspection - you may see a British Telecom manhole cover, water stop valve or overhead electricity cable, for example but a great deal of apparatus is completely buried, so to make sure that you know exactly which service is present, you should contact all the public utilities in your area. Your telephone book will give you the numbers you need under "Gas" etc.
2.2 If there is any apparatus in, on or over the land you will need to ask the appropriate utility whether it can remain there if highway rights are extinguished. If for example, British Telecom were not prepared to allow an underground telephone cable to remain in the area proposed to be stopped up then you would either have to pay to have the cable moved, which might be very expensive, or to abandon or modify your proposal so as to avoid affecting it.
3. LAND OWNERSHIP
3.1 You must make sure that you own or acquire the land which you propose to enclose or build on. The question of ownership of the land can be a complex one, but the following general advice may be helpful. It should not be regarded as complete or authoritative.
As a general rule, the Central Bedfordshire Council own only those areas of highway land which have been bought by them to widen old roads or build new ones. In any particular case Mouchel Property Services will be able to tell you whether the land concerned is Central Bedfordshire Council owned or not and, if it is, you will have to negotiate its purchase with the Council. Correspondence should be addressed to the Central Bedfordshire Council's, Highways Help Desk P.O.Box 1395, Bedford, MK42 5AN.
On modern housing developments the estate developer usually builds the roads on land which he owns and then dedicates them as public highways, retaining ownership of the land over which they run. If the land which you wish to enclose or build on is part of such a development the Development Control Section at the Central Bedfordshire Council more may be able to tell you from their records who the original developer was, but it is again up to you to track down him or his successor and negotiate with him for the purchase of the land.
Old roads (usually referred to as 'ancient highways') have sometimes evolved informally over many centuries from rough tracks or paths, and often the land over which they run is not shown on any title deeds. There is a legal presumption that in the absence of any evidence to the contrary, the land over which a highway runs belongs, up to the centre line of the highway, to the frontager (i.e. the owner of the adjacent land).
If you are in any doubt as to the ownership of the land which you wish to use, you should take advice from a solicitor. It is not generally a good idea to obtain a Stopping Up Order extinguishing highway rights over land before you are sure that you own it. If anyone else owns the land when the Order is made, then they and not you might have the right to use it.
4. STOPPING UP
4.1 Stopping up is best attempted by applying to the Department of the Environment, Transport Local Government Regions (DTLGR) for an Order under Section 247 of the Town and Country Planning Act 1990 (Stopping up "to enable development to be carried out in accordance with planning permission").
4.2 You can only get a Section 247 Order if your intended use of the land concerned needs planning permission. Such permission might be needed, for example, for change of use from highway verge to parking area or garden, for enclosure with a fence more than one metre high or for the erection of a porch, garage or extension. This is a matter for the Local Council's Planning Officer, whom you should consult.
4.3 Once you have obtained planning permission, and not before, and once you are sure that you own the land (see 3 above) you can apply for a Section 247 Order by completing Form TCPA 247 , which is obtainable from and should be returned after completion to;
Government Office for the East of England
DTLGR
Eastbrook
Shaftesbury Road
Cambridge
CB2 2DF
Form TCPA 247 includes a useful set of explanatory notes.
Together with the form you must submit to the DTLGR evidence that you have consulted the Highway Authority (i.e. the Central Bedfordshire Council); a copy of your correspondence with the Assistant Director of Planning will normally suffice.
4.4 If they are happy with your proposal, the DTLGR will publish the Order in draft, advertising it with notices on site and in the press, and allowing a period (usually 28 days) for public comment. If there are any objections they will be referred to you so that you can try to resolve them, but if there are none then in due course an Order authorising the stopping up of the unnecessary area of highway will be made. A copy will be sent to you. Then, and only then, you can proceed with your fencing, garage building or whatever development you wish to carry out.
5. TIMESCALE
5.1 From the day the DTLGR receive your completed Section 247 application form, to the day the Order is made and you can go ahead with your development, even in a straightforward case, can be at least five months. Before that stage has even been started, you have to find out whether you own the land, buy it if you don't, and apply for and obtain planning permission for your proposal.
6. IMPORTANT CAUTION
6.1 You must NOT erect a substantial structure (see 1 above) on the highway unless and until a Stopping Up Order has been made. Without an Order the structure would be an unauthorised encroachment on the highway, and the Central Bedfordshire Council might have to take action against you to have it removed.
6.2 Once a structure has been erected on the highway it cannot normally be authorised in retrospect by a Section 247 Order.The Council Highway Development Control Service advises as follows with regard to the 'Stopping up' required by condition number 3 of this permission:-
ADVICE FOR APPLICANTS ON STOPPING UP OF HIGHWAYS
(Town and Country Planning Act 1990 Section 247)
1. INTRODUCTION
1.1 A public highway may have within it areas which are, for any one of a number of reasons, unnecessary as highway. Such areas remain highway however, unless and until they are stopped up by a formal legal procedure. While they are highway you cannot legally enclose them, plant them or build anything on them. Even low fences or retaining walls cannot be erected without you first obtaining a formal licence from the Central Bedfordshire Council. This note does not, however, deal with these licensable structures, but explains the procedures which you will have to follow if you want to erect a more substantial structure (e.g. a garden fence or wall, a porch, garage or building extension) on land which is at present highway but is unnecessary as such.
1.2 A substantial structure such as those mentioned above cannot legally be erected on the highway, so before you put up a garden fence or build a porch, for example, in such a position, you must obtain a Stopping Up Order formally extinguishing highway rights over the area concerned. Assuming that such an Order would be acceptable to the Central Bedfordshire Council there are two other matters which must first be taken into account namely the possible presence of public utilities' apparatus (i.e. gas, electricity, water, sewerage or telephone cables, pipes etc.), and ownership of the land.
2. PUBLIC UTILITIES' APPARATUS
2.1 You will have to find out whether there is any public utilities' apparatus in, on or over the land concerned. This will sometimes be obvious from inspection - you may see a British Telecom manhole cover, water stop valve or overhead electricity cable, for example but a great deal of apparatus is completely buried, so to make sure that you know exactly which service is present, you should contact all the public utilities in your area. Your telephone book will give you the numbers you need under "Gas" etc.
2.2 If there is any apparatus in, on or over the land you will need to ask the appropriate utility whether it can remain there if highway rights are extinguished. If for example, British Telecom were not prepared to allow an underground telephone cable to remain in the area proposed to be stopped up then you would either have to pay to have the cable moved, which might be very expensive, or to abandon or modify your proposal so as to avoid affecting it.
3. LAND OWNERSHIP
3.1 You must make sure that you own or acquire the land which you propose to enclose or build on. The question of ownership of the land can be a complex one, but the following general advice may be helpful. It should not be regarded as complete or authoritative.
As a general rule, the Central Bedfordshire Council own only those areas of highway land which have been bought by them to widen old roads or build new ones. In any particular case Mouchel Property Services will be able to tell you whether the land concerned is Central Bedfordshire Council owned or not and, if it is, you will have to negotiate its purchase with the Council. Correspondence should be addressed to the Central Bedfordshire Council's, Highways Help Desk P.O.Box 1395, Bedford, MK42 5AN.
On modern housing developments the estate developer usually builds the roads on land which he owns and then dedicates them as public highways, retaining ownership of the land over which they run. If the land which you wish to enclose or build on is part of such a development the Development Control Section at the Central Bedfordshire Council more may be able to tell you from their records who the original developer was, but it is again up to you to track down him or his successor and negotiate with him for the purchase of the land.
Old roads (usually referred to as 'ancient highways') have sometimes evolved informally over many centuries from rough tracks or paths, and often the land over which they run is not shown on any title deeds. There is a legal presumption that in the absence of any evidence to the contrary, the land over which a highway runs belongs, up to the centre line of the highway, to the frontager (i.e. the owner of the adjacent land).
If you are in any doubt as to the ownership of the land which you wish to use, you should take advice from a solicitor. It is not generally a good idea to obtain a Stopping Up Order extinguishing highway rights over land before you are sure that you own it. If anyone else owns the land when the Order is made, then they and not you might have the right to use it.
4. STOPPING UP
4.1 Stopping up is best attempted by applying to the Department of the Environment, Transport Local Government Regions (DTLGR) for an Order under Section 247 of the Town and Country Planning Act 1990 (Stopping up "to enable development to be carried out in accordance with planning permission").
4.2 You can only get a Section 247 Order if your intended use of the land concerned needs planning permission. Such permission might be needed, for example, for change of use from highway verge to parking area or garden, for enclosure with a fence more than one metre high or for the erection of a porch, garage or extension. This is a matter for the Local Council's Planning Officer, whom you should consult.
4.3 Once you have obtained planning permission, and not before, and once you are sure that you own the land (see 3 above) you can apply for a Section 247 Order by completing Form TCPA 247 , which is obtainable from and should be returned after completion to;
Government Office for the East of England
DTLGR
Eastbrook
Shaftesbury Road
Cambridge
CB2 2DF
Form TCPA 247 includes a useful set of explanatory notes.
Together with the form you must submit to the DTLGR evidence that you have consulted the Highway Authority (i.e. the Central Bedfordshire Council); a copy of your correspondence with the Assistant Director of Planning will normally suffice.
4.4 If they are happy with your proposal, the DTLGR will publish the Order in draft, advertising it with notices on site and in the press, and allowing a period (usually 28 days) for public comment. If there are any objections they will be referred to you so that you can try to resolve them, but if there are none then in due course an Order authorising the stopping up of the unnecessary area of highway will be made. A copy will be sent to you. Then, and only then, you can proceed with your fencing, garage building or whatever development you wish to carry out.
5. TIMESCALE
5.1 From the day the DTLGR receive your completed Section 247 application form, to the day the Order is made and you can go ahead with your development, even in a straightforward case, can be at least five months. Before that stage has even been started, you have to find out whether you own the land, buy it if you don't, and apply for and obtain planning permission for your proposal.
6. IMPORTANT CAUTION
6.1 You must NOT erect a substantial structure (see 1 above) on the highway unless and until a Stopping Up Order has been made. Without an Order the structure would be an unauthorised encroachment on the highway, and the Central Bedfordshire Council might have to take action against you to have it removed.
6.2 Once a structure has been erected on the highway it cannot normally be authorised in retrospect by a Section 247 Order. |
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