Planning F.A.Q. answers kindly provided by HLL Humberts Leisure

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Planning F.A.Q. answers kindly provided by HLL Humberts Leisure

Below are a list of frequently asked questions concerning planning permission aimed specifically for independent traders and small businesses. Please feel free to contact the planning team (Simon Davis, Martin Taylor or Darren Hood) at HLL Humberts Leisure on 01273 325911 should you wish to discuss any of this advice in further detail, if you have further questions or indeed if you would like us to act on your behalf.

Planning - Frequently Asked Questions

I want to use the flat above my shop for office / storage space
- do I need planning permission?

Do I need planning permission to place an illuminated sign on the front
of my shop?

Do I have to install a ramp into my shop over the existing steps to
meet the requirements of the Disability Act?

My windows have been smashed and I would like to fit shutters
- are there rules as to which type I can install?

Do I need planning permission to alter my shop front?

Is it possible to change the use of my shop premises and is planning
permission required?

Do I need planning permission to install an A Board on the
forecourt or pavement outside my shop?

Q. I want to use the flat above my shop for office / storage space
- do I need planning permission?

A. This should be acceptable provided that the use of the upper floor remains ancillary to the main use of the building. In other words, the office or storage must be used in connection with the shop business and not as a separate business in itself. Permission may be required however if the intensity of the office / storage use increases or if external works are required to the building in order to facilitate the use. Traders should also note that Listed Building Consent may be required for any internal works to listed buildings.

Q. Do I need planning permission to place an illuminated sign on the
front of my shop?

A. There are permitted development rights in place that allow shopkeepers to put up such signs, however these rights are subject to a number of restrictions which should be adhered to. Of particular relevance to the North Laine is the fact that all such illuminated signs located within a Conservation Area require planning permission. For shops outside of the conservation area, there are various other restrictions which relate to the position, size and number of advertisements. Also relevant are the restrictions on the type of illumination to be used. Please contact HLL Humberts Leisure for further details.

Q. Do I have to install a ramp into my shop over the existing steps to meet the requirements of the Disability Act?

A. The Disability Discrimination Act 1995 imposes duties on those who provide services to the public, including retailers, to make "reasonable adjustments" to the physical environment of their premises in order to facilitate access for people with mobility or sensory difficulties. In practice, this means that service providers are required to take steps to improve access. However, you cannot be forced to make changes which are either impractical or beyond your means. Indeed, failure or refusal to provide such a service to a disabled person is only discrimination where it cannot be justified.

In many cases, the provision of an external ramped access to shops in the North Laine will be impractical due to the space available. However there may be other small changes that can be made to assist those with mobile or sensory difficulties. Planning permission will be generally required for new external works (and internal works in the case of listed buildings) and it is advised to check with the Council before making any changes.

Q. My windows have been smashed and I would like to fit shutters
- are there rules as to which type I can install?

A. Generally, speaking the majority of security solutions including the favoured roller shutter option will require planning permission. Brighton & Hove Council have set out their rules on this subject in their Supplementary Planning Document “Shop front Design” (September 2005) which is available direct from the Council or on their website. Furthermore, the Council will not accept certain types of shutters in its conservation areas or on listed buildings. You should also note the requirement to apply for a listed building consent in addition to planning permission for proposed security additions to listed buildings.

HLL Humberts Leisure can advise you as to what type of security option would be best for your circumstances and what the chances of gaining permission for such might be.

Q. Do I need planning permission to alter my shop front?

A. Planning Permission will always be required to provide a new or replacement shop front. In addition, alterations to shop fronts may require planning permission if the Council considers that the changes represent a material change to the external appearance of the premises. The Council has an adopted Supplementary Planning Document entitled “Shop front Design” (September 2005) which sets out their policy on new, replacement or changes to shop front design. Further advice on shop fronts and/or the interpretation of the Council’s policies can be obtained from HLL Humberts Leisure.

Q. Is it possible to change the use of my shop premises and is planning permission required?

A. The Town and Country Planning Use Classes Order (as of April 2006) makes provision for changes in the use of certain types of building. With respect to shops and other similar public service providers, the regulations only allow for changes from hot food and drink (Classes A3-A5) related uses back to Class A1 Retail or Class A2 Financial/Professional Service (i.e. estate agent/bank) uses. Anyone wishing to change the use of an A1 or A2 use must apply to the Council for planning permission. The chances of success in gaining planning permission will depend on a number of factors and HLL Humberts Leisure can advise on the likelihood of gaining planning consent in these situations.

Q. Do I need planning permission to install an A Board on the forecourt or pavement outside my shop?

A. Planning permission is not required for these signs as they are not permanent development and can be removed at the end of the day. As a result, in cases where you own private land in front of your shop (i.e. a forecourt), you are able freely able to site one A-Board with no restriction on where the board can be placed (within the extent of your land).

However, should you wish to site one on the public highway (including the pavement), then you would be required to obtain consent from the Council’s Street Licensing Team. They will then assess the situation and if appropriate, issue a license which specifies where the board is allowed to be sited.

The Council is in the process of producing a new supplementary planning document entitled “Advertisements” which will provide guidance and assistance on the rules and council policies regarding new signage. Further guidance on A-Boards is contained within this document.

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