Your Home and Planning Permission p6

SECTION 10: TREES

Trees are an important and valuable landscape resource which are sometimes undervalued.

They provide oxygen, improve air quality, stabilise soil, sustain diversity of wildlife, support flora and fauna and contribute to the health and well-being of us all.

Trees can provide aesthetic and amenity value which contribute to our sense of place, provide screening and privacy for our homes, add colour, seasonal interest and for visual amenity.

Trees can also act as important landmark features, contribute to our sense of place and help to define our urban and rural character and local identity.

The Council has a duty in relation to the preservation of trees where appropriate, and in exercising its planning powers will ensure that appropriate and adequate provision is made for the preservation of existing trees and planting of new trees.

The Council will make provision for the preservation of trees and woodlands within the Borough where it considers it is expedient in the interests of amenity.

Trees are sensitive to change in the environment around them and can be destroyed.

The impact of development in close proximity to trees, ground works or the storage of materials around them, or changes in ground levels adjacent to a tree, can all impact greatly on the health and condition of trees.

Care and precautions also need to be taken to avoid the adverse impacts of soil condition and root damage which can result when new development is undertaken insensitively.

It is important that trees are protected by appropriate measures to prevent such damage.

This is especially important at an early design stage of development proposals and during the construction phase whether approved by a planning permission or when carrying out ‘permitted development’.

Before carrying out any works to trees, or works that may impact on trees, you should check that the trees are not protected by a Tree Preservation Order (TPO) or protected by a planning condition attached to a planning permission.

Trees located within a Conservation Area are protected by the designation as though a Tree Preservation Order was in effect, in accordance with Section 127 of the Planning Act.

If works are proposed to trees located within a Conservation Area, notification must be given to the Council six weeks prior to carrying out the works.

If the Council considers the tree works to be inappropriate or unacceptable, it may proceed to protect the trees through the serving of a Tree Preservation Order.

You must apply to the Council’s Planning Department for consent to carry out any works to trees protected by a Tree Preservation Order (TPO). To check if your site is protected by a TPO please use our online map of the current TPOs within the Borough.

For more guidance in relation to protected trees and how to apply for consent to undertake works to a protected tree(s) please refer to the guidance on the Trees section of the Council Planning Department’s webpage.

Note: It is a criminal offence to cut down, uproot or willfully destroy or damage, top or lop a tree protected by Conservation Area designation, or by a Tree Preservation Order without the requisite permission by the Council. On summary conviction you could be fined up to £100,000.

SECTION 11: HOMEWORKING

Many small businesses are started by people working in their own homes, and technological innovations have led to an increase in homeworking.

Homeworking does not necessarily require planning permission as in its simplest form it is not development.

Permission is not normally required if no material change of use occurs i.e. where the use of part of the house for business purposes does not change the overall character of the property’s use as a single dwelling, for example, the use by a householder of a room as an office.

Homeworking is likely to be ancillary to the residential use if:

work is carried out primarily by persons living in the residential unit;
the business is clearly secondary to the main use of the property as a dwelling house;
the use is totally carried out within the building;
there will be no loss of amenity for neighbouring residents, for example, from noise, smells, unsociable hours, advertising, impact on visual amenity, or traffic generation; and
the use is not one which by its nature would attract more than occasional visitors.

It is possible to create a material change of use while not changing the primary use of the house.

However, where the business activity increases and the non-residential use of the property ceases to be ancillary to its use as a single dwelling, a material change of use is likely to have taken place and planning permission would therefore be required.

The likelihood of there having been such a material change of use may be indicated where any the following have occurred:

the laying out of rooms in such a way that those rooms could not easily revert to residential use at the end of the working day;
a significant alteration of the house;
a significant increase in the volume of visitors or traffic;
a significant increase in noise, fumes or smells;
the installation of specialised machinery, fixtures and fittings, or equipment not normally found in a dwelling;
the proposed use is considered to be an unusual activity for a residential area; or
additional employees are working from the property but do not live there.

If the answer to any of these is ‘yes’, then planning permission is likely to be required.

In the particular case of a childminding service, it is considered that persons who wish to use their home for childminding will not normally require planning permission where the number of children does not exceed six at any one time.

This is based on the maximum number of children up to the age of 12 (including their own children) that childminders registered by The Health and Social Care Trust can care for.

Other considerations set out in this section also apply.

If you are in any doubt about working from home, you are advised to seek the advice of the Council’s Planning Department at an early stage.

You can apply for a Certificate or Lawful Use for the proposed activity to confirm it is not a material change of use from the lawful use as a dwelling.

Alternatively, if there is considered to be a material change of use and it is not considered to be homeworking, then you can apply for planning permission to change the use of the property, or part of the property.

Such a planning application will then be determined in the context of a range of planning policies contained within the Council’s Local Development Plan 2030 Plan Strategy (adopted October 2023).

In particular, the Economic Development and Retailing policies as well as the General Policy within the Plan Strategy will be relevant considerations (as will a range of other planning policies) depending on the nature and the location of the use.

SECTION 12: MAKING YOUR HOUSEHOLDER APPLICATION

Application Forms

If you need to apply for planning permission, planning application forms and associated guidance is available on the NI Direct website or accessed via the Council’s website.

Whilst the form is not difficult to complete, you may find it helpful to employ the services of an agent to make the application on your behalf.

You may also find it helpful to discuss your proposal with the Council’s Planning Department before you complete the application form.

You can talk to a planner officer via telephone on 028 2563 3500 or make an appointment to discuss in person.

Application Fees

A fee is charged for most planning applications.

The amount varies depending on the type of application and the proposed development.

The Council’s Planning Department can advise you of the correct fee for your application.

Further details on planning fees can also be found on the Council’s website.

You may not have to pay a fee if you are altering or extending your house to improve the safety, health or comfort of a disabled person living in the house.

Planning Publications which may help you

You may wish to consult the following publications which are available to view on the Council’s website:

Mid and East Antrim Local Development Plan 2030 – Plan Strategy (adopted October 2023)
The Strategic Planning Policy Statement (SPPS)

Length of Time to get a Decision

When a planning application is received, the Council’s Planning Department will notify your neighbours and inspect the site. We will likely have to consult other bodies such as DfI Roads and Northern Ireland Water.

Advertising and Consultation

Once we have all the information we need, we will carry out relevant consultations on the proposal in accordance with the legislative requirements.

We will:

Publish notice of the application in the local press;
Notify neighbours of the application by letter;
Publish notice of the application on the Council’s website;
Notify relevant statutory consultees, such as DfI Roads, NI Water etc where appropriate; and
Notify relevant non-statutory consultees such as the Council’s own Environmental Health Section or Tree Officer if required.

Neighbour Notification: Telling your Neighbours

The Council would advise you to talk to your neighbours about your proposals.

The Council is legally required to notify your neighbours about your planning application.

These are identified occupiers of buildings on adjoining land who are within 90 metres of the application site.

This also includes occupiers of buildings on land which would adjoin the boundary of the application site but for an entry, laneway or road.

However, owners not in occupation or persons with other interests in the land will not be notified.

Further advice on neighbour notification is contained in the planning application form and on the Council’s website.

Refusal of planning permission or imposition of a condition

You may appeal against a refusal of planning permission or against a condition attached to any approval of permission within 4 months of the date of our notice of decision.

You can get the forms and explanatory notes you need from the Planning Appeals Commission (PAC) and your appeal should be made direct to them.

For further information please visit their website or contact them via telephone on 028 9024 4710 or via email at: info@pacni.gov.uk.

Additional information

Staff in the Council’s Planning Department will be glad to give you general information as well as advice on any particular development you have in mind.

Please telephone 028 2563 3500 to speak to a planning officer or to make an appointment to visit the planning office to speak in person.

If you require more detailed information, we would advise you to submit full details of your query in writing to the Council’s Planning Department at planning@midandeastantrim.gov.uk, which will be acknowledged and a response issued in due course.