Planning issues

I'm building a smoking shelter, will I need planning permission?

The majority of planning applications will need planning permission. Most shelters will be built on commercial, industrial, or retail premises and will need permission. Other application protocols will include listed building status, and building in a conservation area.

Are smoking shelters covered under the new legislation?

No, the point of the new legislation is to improve health , and the environment people socialise and work in. There is no guidance in the legislation covering smoking shelters. Please contact our Planning team for more information.

Why have no smoking shelter guidelines been included in the legislation?

Other countries, most notably New Zealand, tried to define smoking structures but there are simply too many ways to design a smoking structure which would comply. You should therefore seek legal advice or contact who will advise you as to whether your design would comply with the law. Please note that if you construct a shelter without planning permission you may be required to remove it, putting you to considerable time, trouble and expense.


How long will it take for my application to be determined?

We are governed by an eight week turn around time for minor applications. This is governed by the quality of information received by the council. If not all the information is received then the application is likely to be rejected. Please contact our Planning team for more information. 


What is meant by the term "enclosed"?

Take the example of a room which has a ceiling or roof which extends over every wall and there are no openings i.e. empty spaces or gaps in those walls except for a door and windows. The room will be "enclosed".

What is meant by "substantially enclosed"?

Any covered area where the area under the roof is more than 50 per cent enclosed.