Variation or Removal of Condition
Please note that the application form cannot be completed
on-screen and must be printed before completion.
Help Completing the Form
1. Applicant Name and Address
Please enter the Applicant Details, including full name and
title. Please also enter the house/flat number and/or name (if
applicable) and street name in the Street address field. The town,
county, country and full postcode should also be entered.
If the application is being submitted by an agent (i.e. someone
who is acting on the applicant's behalf) all correspondence,
including the decision letter, will be sent to him/her.
2. Agent Name and Address
Please enter the Agent Details, including full name and title.
Please also enter the house/flat number and/or name (if applicable)
and street name in the Street address field. The town, county,
country and full postcode should also be entered.
If the application is being submitted by an agent (i.e. someone
who is acting on the applicant's behalf) all correspondence,
including the decision letter, will be sent to him/her.
3. Site Address Details
Please enter the same address of the site as stated on the
decision notice, together with the full postcode or grid
reference.
4. Pre-application Advice
The local authority may be able to offer (possibly for a fee)
pre-application discussions before a formal application is
submitted in order to guide applicants through the process. This
can minimise delays later in processing the application.
Pre-application discussions can also help you and the planning
authority identify areas of concern about your proposed development
so that you can give consideration to amending your proposal before
the application is submitted. The advice and guidance given to you
at the pre-application stage is given in good faith. However, it
does not guarantee or supply a definitive undertaking as to whether
your proposal is likely to be acceptable.
If you have received pre-application advice from the planning
service please indicate the reference/date of any correspondence or
discussion and the name of the officer. If you do not know these
details then please state ‘Unknown’.
This will assist the Council in dealing with your application as
quickly as possible.
5. Description of Your Proposal
Please describe the development or works as shown on the
original decision letter and clearly indicate the permission
reference number and condition that you wish to discharge, remove
or vary. It is essential that the number and description of the
condition(s) to which this application relates are specified, so
that no confusion arises.
6. Conditions(s) - Removal
If you wish the condition to be varied, please state how you
wish the condition to be rephrased, eg you may wish to vary the
hours of opening for your premises: ‘variation to condition 3 to
allow opening of the premises between 08.00 to 23.30 Monday to
Fridays, 08.00 to 00.30 on Saturdays and 14.00 to 22.00 on
Sundays’.
7. Ownership Certificates
An ownership certificate must be completed stating the current
ownership of the land to which the application relates under
Article 12 of the Town and Country Planning (Development Management
Procedure) (England) Order 2010.
It is an offence, knowingly or recklessly, to complete a false
or misleading certificate.
- Certificate A - Sole Ownership
Certificate A should only be completed if the applicant is the
sole owner of the land to which the application relates (i.e. the
applicant is the freeholder and there are no leaseholders with
seven years or more remaining on their leases).
If the application involves a leasehold flat then certificate A
does not apply as the applicant is not the sole owner. Therefore,
in this circumstance, the applicant should complete certificate B,C
or D (see details below).
- Certificate B - Shared Ownership (All other owners
known)
Certificate B should be completed if the applicant is not the
sole owner but knows the names and addresses of all the other
owners (e.g. this certificate will need to be served if the
proposals encroach onto adjoining land).
The Notice to Owners
(Notice 1) must also be completed and sent to all known
owners.
A copy of the notice must also be sent with the application to
the local authority.
- Certificate C - Shared Ownership (Some other owners
known)
Certificate C should be completed if the applicant does not own
all of the land to which the application relates and does not know
the name and address of all of the owners.
The Notice to Owners
(Notice 1) must be completed and sent to all known owners.
Where the owner is unknown the Notice to Unknown Owners
(Notice 2) needs to be published in a local newspaper.
A copy of the notice must also be sent with the application to
the local authority.
- Certificate D - Shared Ownership (All other owners
unknown)
Certificate D should be completed if the applicant does not own
all of the land to which the application relates and does not know
the names and addresses of any of the owners.
The Notice to Unknown Owners
(Notice 2) needs to be published in a local newspaper.
A copy of the notice must also be sent with the application to
the local authority.
8. Agricultural Holdings Certificate
All applications to remove or vary conditions must include the
appropriate agricultural holdings certificate to be considered by
the local authority.
It is an offence, knowingly or recklessly, to complete a false
or misleading certificate.
If the land to which the application relates forms an
agricultural holding or part of an agricultural holding as defined
by the Agricultural Holdings Act 1986 and comprises land subject to
an Agricultural Tenancy all agricultural tenants must be notified
prior to the submission of an application.
You must either
- confirm that none of the land to which the application relates
is, or is part of, an agricultural holding, or
- give notice to all tenants on the agricultural holding using
the Notice to Agricultural Tenants
(Notice 1) .A copy of the notice must also be sent with the
application to the local authority.
If you are the sole tenant of the Agricultural Holding, insert
'sole tenant - not applicable' in the table under option (B).
9. Planning Application Requirements & Local Level
Requirements
There are two levels of requirements, national and local:
- National - Use the checklist to ensure that
the forms have been correctly completed and that all relevant
information is submitted.
- Local - The local planning authority will have
produced a document (usually available from their website) which
details any specific information that is required to accompany the
application in addition to the national requirements.
Failure to complete the form correctly or to supply sufficiently
detailed drawings or other relevant supporting information may
result in your application being returned as invalid.
10. Declaration
Please sign and date your application.
11. Applicant Contact Details
Please provide contact information for the applicant.
12. Agent Contact Details
Please provide contact information for the agent.
13. Site Visit
Access to the site (i.e. where the works are proposed to take
place) may be required by the case officer. Please provide contact
details in the event that an appointment needs to be made. This
will assist the Council in dealing with your application as quickly
as possible.
If you need any further help or guidance
please email the Planning
Enquires team or telephone 01233 330264.
This webpage was updated on
11/29/2011