This section provides you with guidance on the types of structures that require planning or building regulations permission and the general principles that will be used to assess a formal application. Please note that this advice note provides informal and generalised guidance on the need for permission and does not remove the requirement for you to satisfy yourself that your proposal does not need consent. Is planning permission required?
The provision of external smoking shelter facilities will, in most cases, require full planning permission as they are likely to materially affect the external appearance of the building (section 55 of the Town and Country Planning Act, 1990)
The only exception to this relates to those uses that benefit from relevant 'permitted development rights'. Permitted development rights remove the need to apply for planning permission for a range of certain specified developments. These are defined within the Town and Country Planning Order of 1995 and include:
- Industrial and warehouse sites (part 8, General Permitted Development Order (GPDO))
- Development by local authorities (part 12, GPDO)
- Schools, colleges, universities and hospitals (part 32, GPDO)
In such cases, depending on the nature of the proposed shelter and its location, formal planning permission may not be required. Even if you consider that permitted development rights apply to your proposals, we would advise you to check firstly with us in writing to confirm this before you put up the structure.
Enquiry forms are available on request or from the 'Read more' section on the right-hand side of this page (householders should use the 'Householder Enquiry Form'. For all other queries please use the pre-application advice enquiry form. There may be a charge for this service.
Please note that public houses, clubs, nightclubs and similar premises do not enjoy any permitted development rights. Consequently development that includes awnings, canopies, gazebos, parasols, shelters or similar structures will require the submission of a formal application.
What do you need to consider if planning permission is required?
General principles
Whilst it is not possible to provide advice that covers every type of shelter for every type of location (each application is assessed on its merits on a case-by-case basis) the following general principles should be noted:
- Shelters should not generally be sited on a front elevation or visually prominent elevation to ensure that the character of the host property and surrounding streetscene is not harmed
- Shelters should be of a high quality design, incorporate materials that respect the character of the host property and the surroundings and not appear excessively dominant
- Careful consideration should be given to the siting of shelters to ensure they do not result in a nuisance to adjoining property and occupiers
What will be taken into account when we determine an application?
When determining an application for a smoking shelter regard will be given to national planning guidance and the local development framework which currently consists principally of regional guidance, the Joint Replacement Structure Plan and the South Gloucestershire Local Plan which was adopted in January 2006. Whilst the local plan does not contain a specific policy for assessing smoking shelters regard will be given to the policy 'D1 - achieving good design in new development' and policy 'EP 1 - environmental pollution'. These policies seek to achieve the highest standards of design whilst protecting the amenity of surrounding users.
You may also wish to consider the design advice contained in the 'South Gloucestershire design checklist'.
Conservation areas
Shelters erected within or adjoining a conservation area will be assessed against local plan policy L12. This policy states that development will only be permitted where it would preserve or enhance the character or appearance of the conservation area and its setting.
Listed buildings
Shelters in the vicinity of a listed building will be assessed against local plan policy L13. This policy states that development will not be permitted unless the building and its setting is preserved, features of architectural and historic interest retained and the character, historic interest and structural integrity of the building also retained.
A separate listed building consent application will not be required if the shelter is not physically attached to the listed building itself. However, the impact of the shelter on the character, historic interest and setting of the listed building will still be considered through the planning application.
Advertisement consent
Advertisement consent will be required where a shelter incorporates an advertisement that is not excluded from control or does not benefit from 'deemed consent' as defined in the Town and Country Planning (control of advertisements) regulations of 1992.
Please note that the A5 'no smoking' signs which are required to be displayed at premises under the smoking act do not require advertisement consent because they benefit from deemed consent being 'warning' signs (schedule 3, part 1, class 2A).
Pre-application advice
The Development Control Department can provide informal pre-application advice on the likelihood of gaining planning permission for a smoking shelter. This process can often identify any potential difficulties prior to the submission of a formal application. Please write to the department providing as much detail as possible (including a site plan and drawings) to enable a judgement to be made.
Enquiry forms are available on request or from the 'Read more' section on the right-hand side of this page. Huseholders should use the 'Householder Enquiry Form'. For all other queries please use the pre-application advice enquiry form. There may be a charge for this service.
If you need any further advice please contact 01454 868004.
Building control
An application under the building regulations is unlikely to be required if the shelter is detached from the main building and is less than 15 square metres in floor area. If it is not within 1 metre of the site boundary and is constructed in substantially non-combustible materials it can be built up to 30 square metres in area.
In addition, if the shelter is linked to the main building, compliance with the building regulations will not be required if it does not exceed 30 square metres in area and acts as a conservatory, porch, covered yard or covered way.
These shelters must, however, be built properly and not create a danger to the health and safety of the occupants or the general public. If they are deemed to be dangerous Building Control can take action under the 'dangerous structure' legislation and require them to be made safe.
If further clarification is required please contact the Building Control Department on 01454 868004.