Building Control

 

There are several procedures to follow after the granting of permission and prior to the commencement of building works.

 

Appeals

If you are the applicant and are dissatisfied with a planning decision or a condition imposed in the decision, you are able to appeal to the Planning Inspectorate. Information about making a planning appeal can be found on the Planning Inspectorate website.

An objector cannot appeal the decision of an application. The only right of appeal for a third party is if you believe that the Council has not followed due process. It is recommended that you obtain your own legal advice if you believe this to be the case.

 

Post Consent Conditions

Often approval is granted subject to conditions which must be complied with prior to the development starting on site or any other stage of the development such as first use or occupation.

The information required within each condition should be formally submitted to the Council for consideration with the relevant fee (£43 for a householder application or £145 for anything else). You can submit an application with more than one condition. Once the details have been approved in writing the development should be carried out only in accordance with those details.

Decisions may take up to eight weeks, or longer if consultation with third parties is required. Commencement of the development without complying with the pre-commencement/occupation requirements may be liable to enforcement action. 

 

Listed Building Consent

Listed building consent is in addition to planning permission and protects buildings of special architectural or historical interest. Listed Building Consent may be required for external or internal alterations to listed building(s). There is no fee.

 

Building Control (including Demolition Notice)

Construction works are subject to a variety of building regulations and most development will require building control approval prior to commencement of the relevant part of the development. This is to ensure that buildings are designed and constructed in accordance with Building Regulations and associated legislation.

Building approval would be required for such works as the demolition of existing buildings, the erection of a new building or structure, the extension or alteration to a building, change of use of buildings, installation of services, underpinning works, and fire safety/means of escape works.

Notice of intention to demolish existing buildings must be given to the Council’s Building Control Service at least 6 weeks before work starts. A completed application form together with detailed plans must be submitted for approval before any building work is commenced.

Epsom & Ewell’s Building Control service is managed by Elmbridge Building Control Services Ltd (EBCS). They can be contacted at 01372 303145 or bcadmin@epsom-ewell.gov.uk.

 

Party Walls

The Party Wall Act 1996 requires a building owner to notify, and obtain formal agreement from, any adjoining owner, where the building owner proposes to carry out work to an existing party wall; build on the boundary with a neighbouring property or in some circumstances, carry out groundworks within 6 metres of an adjoining building.

Notification and agreements under this Act are the responsibility of the building owner and are quite separate from Building Regulations or planning controls. The Building Control Service will assume that an applicant has obtained any necessary agreements with the adjoining owner.

Further information and advice is to be found in the Explanatory Booklet

 

Works to the Highway

Prior approval must be obtained from Surrey County Council before any works are carried out on any footway, footpath, carriageway or verge, including where the proposal is to form a vehicle crossover or to install dropped kerbs (apply here) or to place items such as outdoor furniture, scaffolding or a skip bin on the pavement.

 

Protected Species

Approval may be required under the Wildlife and Countryside Act 1981 for protected species such as where a proposal involves works that may affect bats. The Natural England website provides further details.  

 

Other Authorities

Approval may be required from utilities providers such as SES Water of SGN. It is the obligation of the landowner or developer to ensure due diligence is undertaken. Underground services can be checked by using LinesearchbeforeUdig (LSBUD) which is a free service.

 

Community Infrastructure Levy (CIL)

CIL is a charge on new development which is used to deliver the infrastructure needed to support development. If a development is CIL liable, the Council will send you a Liability Notice and you are required to submit a Notice of Commencement prior to the commencement of works. More details are found on the CIL page.

 

Commencement of Works

Planning permission is subject to a condition which states that works must commence within three years of the date of the decision notice. Commencement comprises the carrying out of operations or the change in use. What constitutes material operation or development is contained in Section 56 of the Town and Country Planning Act 1990.

 

Working Hours

Working hours and deliveries associated with the development are limited to between 8am- 6pm Monday to Friday and 8am-1pm on Saturday. No works are permitted on Sundays or Bank Holidays. The Council has formal powers to control noise and nuisance under The Control of Pollution Act 1974, the Clean Air Acts and other relevant legislation.

 

Enforcement

If you believe that there has been a breach of a planning permission or unauthorised works or use is being undertaken that is contrary to the permission that has been granted, please complete the form on the Enforcement page. The Council’s Enforcement Officer will then investigate.

 

Changes to the Approval

Should there be any change from the approved drawings during the build of the development, this may require an application for a non-material amendment, variation to the original permission (s73 application) or a fresh planning application if the changes differ materially from the approved details.

 

Further Information

Planning advice

Types of Planning applications

The Decision-making process

Enforcement

Trees and Hedges

Heritage and conservation

 

Documents

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PDF icon EBCS Fees.pdf184.66 KB