PLANNING

GENERAL INFORMATION

PLANNING APPLICATIONS

Responsibilities
Leeds City Council is the planning authority for Boston Spa.  Whilst only Leeds can grant planning permission the Parish Council has a statutory right to be consulted about all applications in its area and is sent a copy of every application.  In addition we also receive copies of applications affecting the village even if they are over the boundary with an adjoining Council.

This is the only stage at which the Parish Council has a right to make observations so it is important that views are made known at this stage.

Publicity
Planning is an open process and the City Council is required to publicise planning applications.  This is usually achieved by placing notices in the vicinity of the application site by fixing them to a nearby lamp-post.   In addition the City Council notifies neighbours by letter. The plans and copies of the application are made available for viewing at Wetherby library. Details of applications also appear in the Yorkshire Evening Post each Thursday (listed under Wetherby) and in the Wetherby News on a Friday. 

Action
If you want to object to or support any particular application you will need to :-

  • send in your objections or observations to the City Council as soon as you are made aware of or receive notification of the application
  • if you wish the Parish Council to know your views before it sends in its own comments, write to the clerk,  or cc your e-mail to her at Parish Clerk

additionally you can if you wish send a copy of your concerns to the Ward Councillors ( see Useful Contacts or Members for details)

Alterations to your home
Although some work may be ‘permitted development’, it is unwise to assume that you can extend or alter your home without applying for permission.  The "rules" controlling permitted development rights were changed last October (2008) and these changes were intended to make it easier to erect some extensions, convert lofts etc... without the need to obtain planning consent in every case.  However the new rules are subject to some local interpretation and indeed in some cases have made the situation worse as tree houses and decking etc. now require a full application to be made.  In any event properties in Conservation Areas are subject to yet more constraints so an inquiry to the local authority is always worthwhile before embarking an any such projects. The basic "rules" for houses are set out on the Planning Portal website and the relevant page can be seen HERE.  Please note that this only applies to houses  - flats, maisonettes and other buildings have different requirements which can be seen on the Planning Portal website.

It is strongly recommended that householders always contact the Leeds City Council Planning Department  0113 247 8000 to enquire whether proposed changes do require planning permission.  You are advised not to accept the opinion of builders, contractors or installers of prefabricated extensions as authoritative. Please note that, even when work is classed as permitted development, it is required to comply with current Building Regulations.  

LISTED BUILDINGS 

As has been mentioned before Boston Spa has a wealth of Listed Buildings and special rules apply to all works affecting the builidng or the setting of the builidng.

Why are buildings listed ?
Buildings are 'Listed' because they are considered to be of special architectural or historic interest and as a result require special protection. Listing protects the whole building, both inside and out and possibly also adjacent buildings if they were erected before 1st July 1948.

The prime purpose is to protect the building and its surroundings from changes which will materially alter the special historic or architectural importance of the building or its setting.

The list of buildings is prepared by the Department of Culture, Media and Sport and properties are scheduled into one of three grades: Grade I; Grade II* and Grade II with Grade I being the highest grade.

Over 90% of listed properties fall within Grade II.

All buildings erected prior to 1700 and substantially intact are listed, as are most buildings constructed between 1700 and 1840, although some selection does take place. The selection process is more discriminating for buildings erected since 1840 because so many more properties remain today.

Buildings less than 30 years old are generally only listed if they are of particular architectural or historic value and are potentially under threat.

Leeds City Council holds a copy of the Statutory List for public inspection and this provides details on each of the listed properties.

Applying for Listed Building Consent
Listed Building Consent is required in order to carry out any works to a Listed Building which will affect its special value for listing purposes. This will almost certainly be necessary for any major works, but may also be necessary for minor alterations and possibly even repairs and maintenance. Listed Building Consent may also be necessary for a change of use of the property.

Works such as re-pointing and even repainting can give rise to the need for a Listed Building Consent, even if planning permission is not necessary. Replacement windows and doors are common areas of controversy and strict control.

Identical repairs in matching materials may not require consent, but it is always advisable to check with the Councils' Listed Buildings Officer, (usually in the Planning Department) before undertaking any work.

You may need to submit a Listed Building Application where your proposal does not directly affect the Listed building but is close enough to potentially affect the 'setting' of a listed building. Your proposal may need to be sympathetically altered to suit the circumstances.

Applications for Listed Building Consent are made in a similar fashion to normal planning applications on a form that can be obtained from your local planning department. If you need planning permission for your intended proposal then the two applications can be submitted together. There is no fee for the Listed Building Consent application.

Further information can be found on the Planning Portal website by clicking HERE

TREE PRESERVATION ORDERS

Many of the trees in Boston Spa are protected by Tree Preservation Orders, some invidually and others in groups and information on the extent of such Orders can be obtained from the planning authority.  Permission is normally needed to prune or fell trees over a certain size where they are the subject of a Preservation Order or are within the Conservation Area.  You are advised to always consult with Leeds City Council’s Tree Officer, Richard Lapish, 0113 247 8149 before carrying out any work on trees other than garden fruit trees.  If you do not do this yourself you should ensure that any commercial firm undertaking work on your behalf has obtained written authorisation or confirmation that specific consent is not required. The fines for unauthorised action are significant.

More information on Tree Preservation Orders can be obtained from  HERE