WODC charges

Tue 16 Jul, 15:53

Thanks for that. I am going to assume I don't need planning permission to replace my pair of collapsing garden sheds. As pretty well nobody is going to see them, then I will take my chances.

Tue 16 Jul, 12:55 (last edited on Tue 16 Jul, 12:57)

Having been down this rabbit hole in the past myself, yes, so far we don't have Article 4s (other than the one Richard mentions), and there are some PD rights still allowed in Conservation Areas/AONBs, though by no means all. This link has been helpful – behind a paywall, but…

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Tue 16 Jul, 11:44

There was a (belated) Article 4 on office-to-residential permitted development, including a couple of sites in Charlbury, but nothing else. 

Tue 16 Jul, 10:58

I have to be a bit careful here as I’m no longer allowed to offer advice (probably just as well these days) but can make some general points.  If anyone thinks I’m wrong, please shout.

 There is a distinction between what is permitted under the rules (i.e. by law) and the discretionary exercise of a planning judgment where a specific planning permission is required.  The rules are contained in the T & C P General Permitted Development Order as (constantly!) amended.  They include provisions which permit some ‘development within the curtilage of a dwellinghouse’ - which can include sheds.

The Order – and thus what it permits - applies everywhere unless specifically excluded by the Order itself or by a Direction under Article 4 (of the Order).  That is the mechanism by which a local authority can exclude the provisions of the Order in a Conservation Area – but it doesn’t have to. 

As far as I know WODC has never imposed an Article 4 Direction on the Charlbury Conservation Area.  On a quick look, I can find no reference to one on their website – but easily checked.  And if there’s no such Direction, then the rules under the Order will still apply – on which there is guidance via the Planning Portal. 

Just to be absolutely clear, that is simply a general statement of my present understanding of the law and is NOT intended in any way to act as formal advice to Steve or anyone else!  

Mon 15 Jul, 21:19

Steve, if you need some help with this please send me an email at liz.leffman@westoxon.gov.uk

Mon 15 Jul, 18:44 (last edited on Mon 15 Jul, 18:45)

Rod,
  the problem is that in a conservation area, normal permitted development laws do not apply. Instead what is allowed is subject to a lot of local district council discretion, and the rules for those are not written down. It would include such things as the location of the building, whether it impacts on views and is visible from the road and public paths. That includes outbuildings such as sheds. If you are in a more historically important part of the conservation area, they are likely to be more restrictive than if you live in a 1990s housing estate.

So those general guidance rules don't apply. The householder is responsible for knowing whether you need planning permission or not, but in order to find would for sure whether you do, then you have to submit outline plans and pay a fee for the assessment.

Now, I can make a guess that I would not need planning permission to replace a couple of rotting sheds in a location that pretty well nobody can see, but to find out for sure costs money. You can't just read the rules as they are not set down in detail.

Mon 15 Jul, 18:19

Steve, I'm way out of date these days but if you go to https://www.planningportal.co.uk/ there should be guidance available on Permitted Development Rights that would enable you to make your own assessment of what you can and can't do without applying for permission - there certainly used to be a Guide for Householders.  And then as long as you follow that, it shouldn't be a problem, even in a Conservation Area.  As anyone can see, I've put up a greenhouse and shed over the years and no-one's come knocking on my door with an Enforcement Notice!

I'll leave the politics out of this one...

Mon 15 Jul, 18:08

Steve, There's a story in the press last week that WODC wants to take back some of its services from Publica -- the limited company which is jointly owned by a number of district councils, including West Oxfordshire and the Forest of Dean -- and that the reclaimed services would include planning applications. See https://www.oxfordmail.co.uk/news/24445009.west-oxfordshire-council-looking-take-back-control-services/

If this happens, maybe the procedures can become less burdensome and also less expensive! It seems to me outrageous that it's necessary to pay £220.50 to put up a few self-printed notices on Street Fair Day. No wonder communities are dying ...

Mon 15 Jul, 17:20

Our shed also was in danger of collapse so we demolished it ourselves, burnt the wood and put another in its place without informing anyone. It’s still there now (only just) !

Mon 15 Jul, 16:57 (last edited on Mon 15 Jul, 16:57)

I have a couple of rather decrepit wooden sheds on my property, which are in dire need of replacement. They can't actually be seen from any public road, footpath, road or any of the neighbours. I can't even see them from my house, as they are tucked away down the…

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