Planning Register - Decision Notices

Local planning authorities are statutorily obliged to maintain a register of all planning applications and decisions and this has to be open to public inspection.

As part of the planning process, a decision notice is issued to an applicant when a decision relating to a planning application has been made.  This sets out what works have been permitted together with details of any conditions that have been imposed.  Other documents that are available relate to tree preservation orders (TPO’s), Section 106’s and Section 38’s.  

Tree Preservation Order

Planning authorities have powers to protect trees by making Tree Preservation Orders.

The issuing of a TPO makes it an offence to cut down, top, lop, uproot, wilfully damage or destroy any protected tree(s) without first having obtained permission from the Local Authority.  All types of tree can be protected in this way, whether as single trees or as part of a woodland, copse or other grouping of trees.  Protection does not however extend to hedges, bushes or shrubs.

TPO's are recorded in the Local Land Charges Register which can be inspected at your Council offices.

When purchasing a property the official searches carried out by your Solicitor should reveal the presence of a TPO on the property or whether your property is within a Conservation Area within which trees are automatically protected.  A TPO will not prevent planning permission being granted for development.  However, the Council will take the presence of TPO trees into account when reaching their decision.

Section 106 Agreements

Planning Obligations (aka Section 106 agreements) are an important part of the planning system. They are commitments made by developers (when getting planning permission) to do things that will lessen the harm caused by their development proposals (for example by providing funds for traffic calming measures, new play facilities, public art, tree planting, cycle paths, meeting places, affordable housing).

Section 38 Agreements

A common way of creating new highways is by an agreement between developers and the local Highway Authority (Herts County Council) under Section 38 of the Highways Act 1980.

These agreements are most often made with housing developers, who agree to build the roads to standards laid down by the Highway Authority.

What to do to get this service

Many decision notices can be supplied to you without a prior appointment.  However, if the original decision notice was issued some years ago (before 1995), it may take us some time to find it.  In some cases it may be better for you to contact us with the required information.

Anyone can purchase a copy of any decision notice that relates to a planning legislation.  The cost is £20.60 per decision notice.  It would be helpful if you have the number of the application, alternatively the address or post code would assist.  Details of the most recent decisions are available online .  We will endeavour to process all requests within 5 working days.

Management Support Unit
Council Offices
North Herts District Council
Gernon Road
Letchworth Garden City
Herts   SG6 3JF

Tel: 01462 474221
Fax: 01462 474500
DX:31317 Letchworth Garden City

It is also possible to purchase copies of Building Control documentation subject to legislation.

Information if you're buying or selling property

Since 14 December 2007 every home put on the market, no matter what size, must have a Home Information Pack .  It brings together valuable information at the start of the process - such as a sale statement, local searches and evidence of title - which could save you money, time and stress. The Pack also includes an Energy Performance Certificate that contains advice on how to cut CO2 emissions and fuel bills.

The Home Information Pack must include:

• The local land charges register relating to the property being sold. Once a search is completed, which can be carried out by a personal search company or a local authority, you will receive an official search certificate.
• Other records held by the local authority on matters of interest to buyers, such as planning decisions and road building proposals. These are referred to as local enquiries in the Home Information Pack regulations. A local authority or a personal search company can be used.  
• The provision of drainage and water services to the property. The local water company or a personal search company can be used (however, the search must comply with the HIP Regulations).