The smoke free legislation (Health Act 2006) came into force in England on Sunday 1 July 2007. It affects most public premises.
Smoking shelters, canopies, the creation of outdoor areas and the placing of tables and chairs on the highway are all likely to require planning permission. Prior to proceeding with any work, you are advised to complete the Smoke Free Enquiry Form (which can be downloaded at the foot of this page) or contact the Planning Department on 0115 981 9911.
In assessing planning applications we will consider the visual impact of the proposal on the street-scene, the impact on the fabric of the building, the impact on the amenities of adjacent occupiers, obstruction of the highway, pedestrian safety, noise nuisance and litter. Proposals for premises that are within Conservation Areas or are Listed Buildings will need to be designed particularly sensitively in order not to detract or adversely affect the character or appearance of the Conservation area or the character or setting of the Listed Building.
Conditions may be imposed, if planning permission is granted, to restrict, for instance, amplified music, and/or hours of use. In order to review the impact of a proposal on sensitive locations, a temporary permission may be granted in the first instance.
Permanent structures/shelters/canopies/awnings
Whether freestanding or attached to the building permission, will generally be required for smoking structures/shelters.
Canopies/awnings will normally have a material effect on a building’s external appearance and will therefore require planning permission. Advertisement consent may also be required if advertisements are to be displayed on a canopy or awning.
Alterations to elevations
If you are considering making alterations, such as the insertion of patio doors, this will require planning permission.
Use of existing open areas/decking
The use of ancillary private gardens and open areas will not normally require permission provided that they form part of the lawful planning unit for the premises and that there are no planning conditions prohibiting their use.
If the area is shared by other premises/users, or if the area is currently used for other purposes, planning permission for a change of use may be required.
Depending on the location and nature of work involved, timber decking may require planning permission.
Portable or freestanding awnings and patio heaters
Planning permission will not normally be required for portable or freestanding awnings or space heaters but please complete the Smoke Free Enquiry form (which you can download at the foot of this page) for confirmation that your proposal will not require planning permission.
Pavement and forecourt tables/chairs
Where tables and chairs are to be located on the public highway, planning permission will be required together with express permission from the County Council as Highways Authority (0115 982 3823).
Advertisements
Advertisement consent may be required for additional signage required to direct customers to the smoking facilities.
Listed buildings
Listed Building Consent is likely to be required for any physical alterations to a Listed Building.
Planning applications
Planning applications will be considered against the policies contained within the Rushcliffe Borough Local Plan 1996 and the Rushcliffe Borough Non-Statutory Replacement Local Plan 2006. More information is available using the following links:
As planning can be complicated, and as this note is only intended as a guide, if you are in any doubt as to whether planning permission would be required please fill in the Smoke Free Enquiry Form below or contact the planning department on 0115 981 9911.
Other legislation may also apply, for example, Building Regulations and licensing. Please contact them to find out what may be applicable:
- Building Control - 0115 914 8459.
- Licensing - 0115 914 8231.
- Environmental Health - 0115 914 8276.
