Burnley Council - XML FAQ RSS/RDF Feed http://www.burnley.gov.uk/site/custom_scripts/faq.php 127 34 http://www.burnley.gov.uk/ http://www.burnley.gov.uk/site/custom_scripts/images/bly_strap.gif Who has to pay the Business Rates? The occupier of a non-domestic property normally pays the business Rates - usually this is the owner-occupier or leaseholder.  If a property is empty, the owner or leaseholder will have to pay. 6 Business rates 288 What is a non-domestic property? Non-domestic properties are business properties such as shops, offices, car parks, warehouses and factories, and any other property that is not classed as domestic property.  In some cases, properties may be used for both domestic and non-domestic use (for example, a shop with a flat above it), in which case both Council Tax and Business Rates will be charged. 6 Business rates 289 What if I work from home? If you work from home, the council may charge Business Rates for the part of the property used for work, and you will have to pay Council Tax for the rest of the property (although your property&#39;s valuation band may change).  It will depend on the circumstances of each case and your should ask your local Valuation Office Agency for advice.  Visit <a href="http://www.voa.gov.uk/">http://www.voa.gov.uk/</a> for their details. 6 Business rates 290 What if I own a holiday home? Unless you plan to make your holiday home available for hire for at least 140 days a year, you will not have to pay Business Rates on the property.  You will have to pay council Tax instead.<br /><br />If you offer bed-and-breakfast accommodation in your own home to six people (or fewer), you will not be liable for Business Rates as long as you are living in the property.  You will have to pay council tax on the whole property.<br /><br />If you hire out your holiday home for more than 140 days a year, or you provide bed-and-breakfast for more than six people at any one time, you will have to pay Business Rates on that part of your property.  You will still have to pay Council Tax on the part of your property you use as your home.<br /> 6 Business rates 291 Are any non-domestic properties exempt from Business Rates? Some types of property are exempt from Business Rates.  This means that no Business Raes are charged for them.  Exempt properties include:<br /><br /><ul><li>agricultural land and buildings</li><li>fish farms</li><li>churches and other places of worship</li><li>sewers</li><li>public parks</li><li>certain property used for disabled people</li><li>swinging moorings for boats</li><li>Public highways</li></ul><p><br /></p> 6 Business rates 292 Why have you sent me a reminder when I have always paid on time before? The Council collects Rates for almost 4,000 commercial hereditaments so all our notices have to be produced automatically by our computer system.  If, on the day the reminder notices are produced, you have not paid the instalment then you will get a reminder, regardless of your payment history.<br /> 6 Business rates 344 How can I make sure I don’t get any more reminders? Paying on or before the due date will guarantee you will be sent no further reminders.  Paying by Direct Debit is the easiest way to pay and will also ensure no more instalments are forgotten.  You can apply on-line to pay by <a title="Direct Debit" href="http://www.burnley.gov.uk/downloads/NNDR_DD_Form_2006-07.pdf">Direct Debit</a>.<br /> 6 Business rates 345 Why are your notices so harshly worded? We do not mean to alarm or upset people by the wording of our notices but we are under legal obligation to make it absolutely clear to people what could happen if they do not make the required payments.  If people do not pay as instructed then a court summons will be issued and costs will be incurred, it would be wrong for us not to make clear to people that this is the case. 6 Business rates 346 Can I wait for the reminder notice every month? Only one reminder notice will be sent to you for late payment, if you default for a second time in any financial year then your right to pay by instalments will be withdrawn and the <b>total sum</b> will become due.<br /> 6 Business rates 347 Why haven’t I received any previous reminders? <p>A reminder notice will have been sent to you for the time you had missed payment of a previous instalment.  Officers in the Recovery Section will be able to advise of the date this notice was sent.  If you are experiencing difficultly receiving your mail you must contact the <a title="Royal Mail" href="http://www.royalmail.com/portal/rm/product1?catId=500185&amp;mediaId=400144">Royal Mail</a> for further help.<br /></p> 6 Business rates 350 Will I be able to have instalments next year? <p>Yes.  The Final Notice relates just to the current bill.</p> 6 Business rates 352 I’ve brought my instalments up to date; can the Final Notice be ignored? Your right to pay by instalments has now been withdrawn.  You may have made payments since this notice was sent, but if you have not paid the <b>total sum</b> specified on the Final Notice within 7 days then a <a title="Magistrates' Court Summons" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=4">Magistrates&#39; Court Summons</a> will be issued. 6 Business rates 349 I can’t afford to pay the total sum due, what can I do? If you cannot make the required payments you are advised to <a title="CONTACT US" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">CONTACT US</a>.  We may be able to make arrangements with you however; it may not always be possible to prevent a Magistrates Court summons from being issued. 6 Business rates 351 The summons has been issued in the name of our Ltd Company, who needs to attend? <p>In most cases it will be one of the Directors who wil attend the hearing.  However, any appointed officer of the Company can attend to present the case on behalf of a Ltd company.  In such cases, please note that the court may request the written authorisation from a Director that a person/employee is duly appointed.</p><p>In the case of a sole trader or partnership the person named on the summons must be the one who attends. </p> 6 Business rates 354 I have paid the Rates; do I still have to pay the costs? <p>Yes.  Costs are incurred when the summons is issued.  The Council will continue with its action to clear any remaining balance on your account.<br /></p> 6 Business rates 355 What can I do if I can’t afford to pay in full? If you cannot pay the total sum due in full before the Court date then the application will proceed.  However, you can make payment arrangements now if you <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a>.<u><br /></u> 6 Business rates 356 Why have I incurred costs? Costs cover the extra expenses the Council has incurred in issuing notices, staff time, postage, stationary, and the fees that are paid to the Court upon complaint.  Recovery of unpaid Rates is a costly exercise and it is fairer for this to be financed by businesses that have failed to pay than by those who have. 6 Business rates 357 Will the Magistrates decide how much I can pay? No.  The Magistrates will only decide whether or not to grant a Liability Order they will not consider any ability to pay at this hearing.<br /> 6 Business rates 358 Will my company name be ‘black-listed’? Applications for a Liability Order are made in the Magistrates Court, not the County Court; therefore it will not adversely affect your credit records.  If sums remain unpaid and further action is taken in the County Court any judgement will appear on credit files.<br /> 6 Business rates 359 I have appealed the Rateable Value on the property, why have you issued a Court summons? <p>If you have been issued with a demand notice you are required by law to make the required payments, even if you have lodged an appeal with the Valuation Office Agency.  Having an appeal pending is not a valid defence against the granting of a Liability Order.  </p><p>If you have paid your Rates and are later successful in appealing your rateable value, you will be entitled to a payment of interest.<br /></p> 6 Business rates 360 I wish to attend the hearing but I cannot appear on the date I have been summonsed. <p>You can make a request directly to the court <u>in writing</u> in advance of the hearing.  You should tell the Court the reasons why you cannot attend and some idea of when you will be available. The Magistrates will then consider adjourning the hearing to another date.</p><p>If illness prevents you from attending you must supply a <u>Doctors certificate</u> that confirms that you are not fit to attend Court.  Please note that a sick note preventing you from working will not be sufficient.</p> 6 Business rates 361 Do I have to attend Court? <p>It&#39;s up to you.  You are only required to attend if you wish to dispute the granting of the Liability Order and believe you have a <b>valid defence</b> in law to do so.  If you choose not to attend, the hearing will just continue in your absence and your case will be dealt with in accordance to law.  </p> 6 Business rates 353 What can I do if I can’t afford to pay the Liability Order in full? If you cannot pay the total sum due immediately you are advised to <u>contact us</u> to discuss your payment intensions.  If you do not agree formal repayment terms then recovery action will continue.<br /> 6 Business rates 362 I don’t own the business now and I am in employment, can you deduct the arrears from my wage? No. There is no provision in the legislation for us to issue an Attachment of Earnings Order for NNDR.  If payment arrangements are agreed you may want to request that your employers take voluntary deductions from your wage, however your employers are not obliged to do so.  Please <a title="CONTACT US" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">CONTACT US</a> to discuss your arrears.<br /> 6 Business rates 363 The bailiffs have attended; why haven’t I received any other documents? You will have previously been issued with a bill, a reminder/final notice, a Court summons, notification of an impending bailiff visit and possibly other sets of documentation.  If you wish to know what documents have previously been issued to you and when, you can <a title="contact us" href="mailto:recovery@burnley.gov.uk">contact us</a>.<br /> 6 Business rates 364 I have paid all the Rates I owe, why are the bailiffs still pursuing me? <p>Our records will show that you still owe money.  If you have paid all but the bailiffs fees they are entitled to continue action until all debts are paid in full.  If you have any query about the balance outstanding then please <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a> or the bailiffs immediately.</p> 6 Business rates 365 I don’t own goods of any value, what happens when the bailiffs call? <p>If bailiffs gain access to your property they will assess what goods you have and judge if their value is sufficient to clear the arrears.  If you have insufficient goods, or if the bailiff cannot make contact with you, the bailiff will leave you with notice to state that they have called.  You must then pay the total sum due <b>within 7 days</b> or <a title="CONTACT US" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">CONTACT US</a> to make arrangements.  </p><p>If you ignore the visit by bailiffs you risk an application being made to the Court for you to be <a title="committed to prison" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=9">committed to prison</a> for non-payment of NNDR or <a title="Insolvency" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=8">Insolvency</a> proceedings starting in the County Court.</p> 6 Business rates 366 I feel that bailiffs have acted unlawfully, what do I do? <p>All of our bailiffs follow a strict code of conduct and we are proud to report that complaints are extremely rare. However, if you are aggrieved by any action of our bailiffs then <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a> and we can discuss your complaint.  Ultimately any person aggrieved by the actions of a bailiff in the conduct of his visit may make complaint to the Magistrates&#39; Court.</p><p><br /> </p> 6 Business rates 367 Can I object to the imposition of a Charging Order? If you wish to object you must submit to the Court your written objections, including any evidence, not less than 7 days before the hearing.  A copy of this letter must also be sent to the Councils&#39; appointed solicitors.  You must also attend the hearing.<br /> 6 Business rates 368 If a Charging Order is applied for: will I incur further costs? Yes.  Courts costs, solicitors fees &amp; charges and ongoing statutory interest will be added to the debt if the Council has to apply for a Charging Order.  There will also be additional fees to remove the Order from the HM Land Registry.<br /> 6 Business rates 369 Can my home or business premises be taken from me? <p>In some cases where a final charging order is made the Council may then apply to the court to force the sale of your property to recover the debt owed.<br /> </p> 6 Business rates 370 I can’t afford to pay in full; can I still make payment arrangements with you? If you have received a committal summons we advice you to <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a> immediately.  We will review your individual circumstances and in most cases it will still be possible to make payment arrangements with you.  <br /> 6 Business rates 371 Where can I obtain legal advice? <p>You can obtain free advice from your local <a href="http://www.citizensadvice.org.uk/">Citizens Advice Service</a>  or your local directories will list the names of solicitors in your area.  </p><p>See also our <a title="Where Can I Go For Help?" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=14">Where Can I Go For Help?</a> page.</p> 6 Business rates 372 Will there be a solicitor at the Court I can speak to? Yes.  A duty solicitor may be requested.  You may wish to seek legal advice before the hearing or make arrangements for your own solicitor to represent you in Court.<br /> 6 Business rates 373 Why have I been summonsed to Court when the debt was shared with my business partner? If you are jointly and severally liable for the NNDR with another person (partner/joint tenant) then the Council can pursue any party for full payment of the total debt.  <br /> 6 Business rates 374 What will happen if I fail to attend the hearing? The Magistrates may issue a <u>warrant for your arrest</u>.  Additional costs will also be incurred and these will be added to the debt. 6 Business rates 376 What should I do if I need an interpreter? Please <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a> before the hearing.  You may bring your own interpreter.  However, this should not be a child.<br /> 6 Business rates 377 My demand shows a 'multiplier supplement'; what is this? There are two multipliers used to calculated your rates payable.  If there is a supplement shown on your demand your rates have been calculated using the higher multiplier.  This sum is the difference in charge compared to smaller (SBRR) multiplier. 6 Business rates 1516 I cannot afford to pay the debt in full; can I make payments in instalments? Where the Court has issued a warrant of arrest for an unpaid Liability Order the Council is instructed not to accept part-payment and you should pay the total sum due in full if you wish to avoid being arrested.<br /> 6 Business rates 379 Can I make arrangements to attend Court to sort the situation out and avoid prison? We will always do all we can to help people in financial difficulty.  If you cannot afford to pay the total sum due then please <a title="contact us" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">contact us</a> for further assistance.<br /> 6 Business rates 380 The Police/Warrant Officer has left a note at my home, what do I do? <p align="center"><b>Contact them immediately.  Ignoring the debt will not make it go away.</b> </p> 6 Business rates 381 Having problems paying? <p>If you are experiencing difficulty in paying your NNDR Tax bill please <a title="CONTACT US" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=13">CONTACT US</a> as soon as possible.</p><p>You be eligible to certain reliefs, discounts or exemptions for further information please speak to our Business Rates team or <a title="EMAIL" href="http://localtaxation@burnley.gov.uk/">EMAIL</a> them.</p><p align="center"><b>WE ARE HERE TO HELP YOU.  DO NOT DELAY IN MAKING CONTACT WITH US; THE DEBT WILL NOT GO AWAY IF YOU IGNORE IT.</b></p><p>Please also refer to the <a title="Where Can I Go For Help?" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?documentID=934&amp;pageNumber=14">Where Can I Go For Help?</a> page. </p><p> </p><p> </p><p><br />       <br /> </p> 6 Business rates 382 The payment date is not convenient for me, what can I do? <a title="CHOOSE DIRECT DEBIT!!" href="http://www.burnley.gov.uk/downloads/NNDR_DD_Form_2006-07.pdf">CHOOSE DIRECT DEBIT!!</a>  Paying this way gives you a choice of 5 payment dates (1st, 7th, 16th, 23rd &amp; 30th) that should suit most businesses.  <br /> 6 Business rates 348 I have received a demand; Am I paying by Direct Debit? <p>If you have been set up to pay via the Direct Debit scheme this will be detailed on the demand notice in one of two ways; either a footnote at the bottom of page one or at the side of each instalment.</p><p>If Direct Debit is not mentioned on the demand you will be required to make cash/cheque/card payments.</p> 6 Business rates 1515 If I have appealed against the Rateable Value do I still have to pay my rates bill? <b>YES.</b>  If a demand notice has been served you must make payments as demanded.  If you fail to make the required payments the Council will take recovery action and you may incur additional fees and charges.   If you are successful with any appeal you will be entitled to claim back any overpaid rates. 6 Business rates 1517 My rateable value has been reduced on the current list, why do I not get a full reduction in my rates? <p>The impact of any increase in rateable value is lessened by the phasing in of the increased charge over a period of years, this scheme is financed by any business with a reduction in the rateable value having thier decreases phased in over the same period.  This is known as &#39;transition&#39;.</p> 6 Business rates 1518 My small shop is empty pending a sale, do I still pay rates? <p>Paying rates on an empty property is determinded by the rateable value.</p><p>If the RV is &pound;2,200 or less you will not have to pay rates whilst the property is empty.</p><p>If the RV is more than &pound;2,200 then you will be entitled to 3 months exemption from rates.  After this 3 month period rates will be payable at 100% of the normal rates.</p><p>* Premises &#39;not in use&#39; will only qualify for exemption if they are empty, if you continue to store goods in your shop you will not be eligible for exemption.</p> 6 Business rates 1519 I have just taken over the lease on a unit that has stood empty for years; why have I not been given 3 months exemption on my demand? <p>The 3 month exemption period applies only for the first 3 months a property stands empty.  If the property changes ownership the exemption will not begin again.  </p> 6 Business rates 1520 Our business has closed down but some equipment is still being stored on the premises; how do I apply for empty relief? To qualify for empty property relief and the 3 month period of exemption you will have to remove ALL items from the premises and cease using the premises for storage. 6 Business rates 1521 I have taken on the lease of a small unit to store domestic items; why have I been charged rates? <p>If you are the occupier/leaseholder/owner of any premises appearing on the Valuation List as a non-domestic property then you will be liable for the Business Rates charge.</p><p>If you feel the assessment to be incorrect you can make an appeal to the <a title="Valuation Office Agency" href="http://www.voa.gov.uk/">Valuation Office Agency</a>.  Please note that you must maintain payments whilst any appeal is being considered.</p> 6 Business rates 1522 Why is the rateable value of my premises nothing like the rent I pay? <p>The Valuation Office Agency assess non-domestic premises and produces a summary valuation explaining how the RV has been calculated.  Each square metre of the property will attract a &pound; value for rateable purposes, some areas of use will be valued at different levels eg: office space may be charged at &pound;10 p/sqm whilst an area used for retail sales may be charged at &pound;90 p/sqm - car parking, storage, toilets, canteens, boardrooms, loading bays etc.. are all valued.   </p><p>Additional adjustments are applied for general facilities like air conditioning. The location of the premises will also effect the valuation eg: a town centre high street will generally be more expensive than a being on the outskirts of town.</p><p>You can view the summary valuation of your premises on the <a title="Valuation Office Agency" href="http://www.voa.gov.uk/">Valuation Office Agency</a> website.  If you feel the valuation to be incorrect you can appeal.  Note that if you intend to appeal you must maintain your bill payments.</p> 6 Business rates 1523 What is an approved list? An Approved List is a list of contractors who have been assessed prior to the tendering process for a particular item of work or service. Several departments within the Council have approved lists, and this applies in particular to building and engineering work. 9 Council opportunities 660 How do I get on an approved list? A business will only be added to an approved list when they have completed the relevant application form and have satisfied the Council on a number of criteria, including financial standing, previous experience, insurance, health<br />and safety, and equal opportunities. If you would like to be considered for one of the Council&#39;s approved lists you will need to complete an application form.<br /><br />There are two applications forms, one for work costing over &pound;25,000 and one for work under &pound;25,000 and both are accompanied by Guidance Notes to help<br />you complete the forms. The Council has revised the forms to try to keep them as simple as possible. If you need help completing the forms, however, Council Officers are available to assist you.<br /> 9 Council opportunities 661 What happens once I am on an approved supplier list? The firms on the Lists are then given the opportunity to tender for specific work relevant to their capabilities. These opportunities are offered on the basis of previously demonstrated competitiveness and/or quality, together with a system of rotation to provide opportunities to all approved firms subject to work availability. 9 Council opportunities 662 How are the approved lists maintained? Lists are controlled and maintained to a workable size and this may mean that some lists may not remain open.  The situation is reviewed periodically and advertisements placed in the local and trade press, inviting applications in areas where further contractors or suppliers are required. 9 Council opportunities 663 How much do I have to save with a credit union? Whatever you can afford - &pound;5 a week, &pound;1 a week, 50p a week. The only requirement is that you save regularly. 48 Business associations 528 What is a credit union? A Credit Union is a profit sharing, democratically run financial co-operative which offers convenient savings and low interest loans to its members. The members own and manage their credit union themselves. 48 Business associations 523 Where is Burnley Area Community Credit Union? <b>Website:</b> <a href="http://www.baccu.co.uk/"><u>www.baccu.co.uk</u></a><br /><b>Telephone:</b>01282 685151 Monday to Friday 9.00am to 4.00pm<br /><b>Office address:</b>47 Parker Lane, Burnley BB11 2BU <br /><b>Office hours:</b> Monday, Thursday and Friday 11.00am to 2.30pm 48 Business associations 527 What are the benefits of a credit union? <ul><li>it is an easy and convenient way to save and borrow. </li><li>it offers very low cost loans. </li><li>insurance at no direct cost. </li><li>it&#39;s a way to learn new skills. </li></ul> <p>Credit unions can provide a focal point for a community by bringing people together, to work alongside each other for their own benefit and the benefit of the community as a whole with organised events, family fun days, quizzes, etc. </p> 48 Business associations 524 Where is Burnley West Credit Union? Burnley West Credit Union Ltd<br />Stoops &amp; Hargher Clough Community Centre<br />Venice Street<br />Burnley<br /><br />Telephone: (01282) 434197 48 Business associations 526 How do credit unions work? The members make regular savings, as little or as much as they wish. These savings then form a common pool of money from which loans are made to members. When members have been saving for a certain period of time (usually about 12 weeks) they can apply for a loan from the pool. Interest on the loan is charged at only 1% per month on the monthly reducing balance. 12.68% Annual Percentage Rate (APR). 48 Business associations 525 How soon and how much can I borrow from the credit union? Most credit unions expect you to save regularly for about 12 weeks before allowing a loan and any loan will be related to your savings in some way. <p>The amount you will be able to borrow will depend on how much you need, what you can afford to repay, and the credit union&#39;s policies. In the early days the credit union will allow small loans, becoming bigger as the credit union gets bigger.</p> 48 Business associations 529 Who monitors the credit union? Credit Unions have to be registered with the Financial Services Authority (FSA). They are covered by the Credit Union Act 1979. They are independently audited and they are regularly monitored by the FSA. <p>Your business is private in the credit union because all members and Officers who have access to personal information must act in a confidential manner at all times.</p> 48 Business associations 530 Are credit unions insured? They are insured against fraud and theft.  They provide life and loan protection insurance at no direct cost to the member payable to a nominated beneficiary. <p>The life savings insurance means that if you die, your beneficiary can receive up to twice the value of your shares.  The loan protection insurance covers the amount of your loan outstanding.</p> 48 Business associations 531 What rights do I have if I buy faulty goods? <p>The goods must be of &#39;satisfactory quality&#39; free from defects, &#39;fit for their purpose&#39; able to do what they were sold to do and must be &#39;as described&#39; by the packaging or display sign.  If they do not meet these standards you are entitled to reject them and get your money back.  If the goods are returned within a &quot;reasonable&quot; period (normally a few weeks).  You do not have to accept a repair, a credit note or replacement (although you may want to consider this if you&#39;ve had the goods for some time).  </p> <p>You also have the right to require the seller to repair or replace the goods within a reasonable time and without causing you significant inconvenience.  If this would be impossible or the retailer does not repair or replace without inconvenience within a reasonable period you can reuire them to reduce the price of the goods by an appropriate amount of rescind the contract.</p> <p>Some retailers may argue that any fault is a result of you damaging the goods in which case you would need to prove that this is not the case, perhaps by obtaining an independent expert opinion.  Ultimately you might have to prove your case in Court.  If you had to pay for an expert opinion you can claim the cost of this as well as the refund.</p> 70 Trading standards 67 What if I have paid for unsatisfactory services? <p>When you purchase a service such as having a car repaired or employing a builder to carry out some work, you are legally entitled to certain minimum standards of service.  The service should be carried out, with &#39;reasonable care and skill&#39;, within a &#39;reasonable time&#39;, for a &#39;reasonable price&#39; - providng the cost was not agreed beforehand.</p> <p>If these requirements are not met, you may be able to sue the trader for compensation.  Alternatively, the person or organisation may be a member of a trade association or other professional body to whom you can complain; be regulated; or have a Code of Practice which they may have to abide by.</p> 70 Trading standards 68 The shop wants to carry out a repair - what if the goods are still faulty? You have the same rights as before you agreed to the repair -prior to having the repair carried out, let the shop know you are reserving the right to reject the goods if the repair is not carried out satisfactorily. You should give the vendor a reasonable opportunity to repair goods - especially if the fault if minor and the goods can be ptu into new condition. 70 Trading standards 69 Do I need a receipt to get a refund? Basically, the answer is no but you will need another proof of purchase. This could be a bank statement indicating the purchase, credit card counterfoil or even a witness who saw you make the purchase. A receipt however is obviously the best proof of purchase you can get so look after it until you are sure that the goods are okay. 70 Trading standards 70 The goods I wanted were marked at a low price but the shop refused to sell them to me. Can they do this? Yes. A shop is not required to sell you anything, or at any price on display. They are making what&#39;s called an &#39;invitation to treat&#39;, which can be withdrawn at any time. However, price indications should not be misleading as it could be an offence under the Consumer Protection Act 1987. If you think you are being mislead, you should report it to Trading Standards. 70 Trading standards 71 What about services rather than goods? When you purchase a service such as having a car repaired or employing a builder to carry out some work, you are legally entitled to certain minimum standards of service.  The service should be carried out, with &#39;reasonable care and skill&#39;, within a &#39;reasonable time&#39;, for a &#39;reasonable price&#39; - providng the cost was not agreed beforehand.<br /><br />If these requirements are not met, you may be able to sue the trader for compensation.  <br /><br />Alternatively, the person or organisation may be a member of a trade association or other professional body to whom you can complain; be regulated; or have a Code of Practice which they may have to abide by. 70 Trading standards 79 What is the minority ethnic population of Burnley? <p>According to the 2001 Census the population is 8.2%. This equates to 7371 people in Burnley. Total population of Burnley is 89542. </p> 93 Community and living 144 Who do I contact in relation to discrimination on the grounds of race, gender and disability re Council services and facilities? <p><a href="mailto:lmflynn@burnley.gov.uk" target="_self">Lynn Flynn</a> - Head of Equality &amp; Access Team</p> <p>Telephone - 01282 477116</p> <p>E-mail - <a href="mailto:lmflynn@burnley.gov.uk">lmflynn@burnley.gov.uk</a> </p> 93 Community and living 162 What are the main languages spoken in Burnley? <p>English, Urdu, Bengali and Pushto are the main languages spoken in Burnley. </p> <p>The <a href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=3101&documentID=51" target="_self">Equality &amp; Access Team </a>can provide transltion and interpretation in these languages. </p> 93 Community and living 163 Where can i get a list of Religious Festival dates? <p>The Council&#39;s Equality &amp; Access Team produces a <a target="_self" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=3332&documentID=70"></a><a target="_self" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=3332&documentID=70">multi-faith calendar each year which is available on this site</a>. To obtain a copy of the calendar please contact the <a href="mailto:equality&access@burnley.gov.uk">Equality &amp; Access Team</a>. </p> <p></p> 93 Community and living 145 Who do I contact in relation to discrimination on the grounds of race, gender and disability re Council services and facilities? <p><a href="mailto:lmflynn@burnley.gov.uk" target="_self">Lynn Flynn</a> - Head of Equality &amp; Access Team</p> <p>Telephone - 01282 477116</p> <p>E-mail - <a href="mailto:lmflynn@burnley.gov.uk">lmflynn@burnley.gov.uk</a> </p> 95 Consumer advice and protection 162 What is the minority ethnic population of Burnley? <p>According to the 2001 Census the population is 8.2%. This equates to 7371 people in Burnley. Total population of Burnley is 89542. </p> 107 Ethnic communities 144 Can I choose a grave? <p>Yes. A customer may choose a grave at the Cemetery, with the assistance of the Cemetery &amp; Crematorium Officer. The customer may choose between a general and lawn grave. Different religious sections are designated - Church of England, Non conformist and Muslim.</p> 162 Burial 1 What happens when the Exclusive Rights Owner dies? The Deed of Ownership should be transferred to a person named in a will or to the next of kin. After the funeral you should contact Bereavement Services and we will guide you through the process of transferring ownership. 162 Burial 78 What are the different graves available? There are traditional graves and lawn-type graves. With a traditional grave the Deed owner may choose to have a headstone memorial and may also cover the grave with top soil and bedding plants. The family are then responsible for the upkeep of the plants. With a lawn grave the Deed owner may purchase a headstone only and then it is set into a desigated headstone border. The headstone can have a marble or granite vase plate on which flowers or wreaths can be placed. The rest of the lawn grave is then turfed by the council 24 weeks after the burial has taken place. The Council then maintains the grassed part of the grave at no expense to the grave owner. 162 Burial 2 What happens when the Exclusive Rights Owner dies? The Deed of Ownership should be transferred to a person named in a will or to the next of kin. After the funeral you should contact Bereavement Services and we will guide you through the process of transferring ownership.<br /> 162 Burial 5 What kind of memorial can be used in the cemetery? There are regulations that determine the specific size and types of material that can be used. All local Stone Masons are aware of these details and further information should be obtained from the Bereavement Services officer as all memorials are individual and very personal items. 162 Burial 6 What happens if I loose my Grant of Right of Burial papers? You will need to know either a grave number or the name and date of death of someone who is buried there. You will then be asked to complete a statutory declaration stating that you are the owner of the grave. This will need to be sworn in the presence of a magistrate or a commissioner for oaths (practising solictor). A duplicate deed will then be issued. 162 Burial 8 How can I locate a relative's grave? We hold records dating back to 1856. As long as the deceased&#39;s name and year of death is provided, staff in the Bereavement Services office should be able to assist in locating the section and grave space number. A fee may be charged if insufficient information is given and research is required. Please contact Bereavement Services to begin your search. 162 Burial 9 Is there an alternative to burial in a cemetery? There is a growing movement for farmers, local authorities, wildlife charities and others to establish Natural (also known as woodland and green) Burial Grounds, often with commemorative trees instead of headstones. In 1994 The Natural Death Centre launched the Association of Natural Burial Grounds to assist schemes of this type. 200 such sites are now open or planned around the UK. Further information can be obtained from <a href="http://www.naturaldeath.org.uk/">www.naturaldeath.org.uk</a> 162 Burial 32 What do I get when I purchase a grave? You will get the exclusive right of burial in the grave for you and family members. You do not purchase the ground itself, this remains in ownership of the Council. You also buy the right to erect a memorial in line with our cemetery regulations. 162 Burial 34 How do I buy a grave? Normally, your funeral director will help to make the necessary arrangements for buying a grave. Some people may want to make their own arrangements at the time of the funeral. You can organise this by directly contacting us. We will be happy to advise you. If you would like to view the section of the cemetery where the burial is to take place before the funeral, we will arrange for a member of staff to meet with you on the site. 162 Burial 35 Who is responsible for maintaining the memorial? It is the responsibility of the Exclusive Rights Owner to maintain the memorial. If a problem arises with a memorial, we try to contact the Exclusive Rights Owner, asking them to attend to the repairs required. If they cannot be traced and the memorial is unsafe, we must make it safe to fulfil our Health &amp; Safety responsibilities. In such circumstances we would normally lay the memorial flat. 162 Burial 7 Can a grave be pre-purchased? Yes. Exclusive Rights to traditional grave spaces (which currently last for 40 years) must be purchased by the applicant. As the Deed Owner, the applicant then has the right to decide who is buried in the grave. <br /> 162 Burial 4 How many people can be buried in a grave? Up to 3 people can be buried in a grave. 162 Burial 3 How long can I buy a grave for? In the cemeteries we manage, we offer two types of grave - purchased graves and public graves. Purchased graves involve the purchase of the exclusive right of burial. Only the owner of the exclusive right of burial can decide who is able to be buried in the grave. The exclusive right of burial is sold for a period of 40 years and is renewable after this period. Public graves do not involve the purchase of an exclusive right of burial. Only an interment fee is charged but other people can then be buried in the grave at the Council&#39;s discretion. 162 Burial 36 Who can buy a grave? Anyone can purchase a grave space in the borough&#39;s cemeteries. Non-residents of Burnley are subject to an additional charge. 162 Burial 37 When can burials take place? Burials can take place on any day of the week except the 25th and 26th December. Please talk to your funeral director or contact us to discuss any specific needs. 162 Burial 38 Do I have asbestos in my home? If your home is more than 15 years old, it is possible that it containsmaterials made from asbestos.<br /><br />Common locations would be on garage orshed roofs and wall panels, drain pipes, insulation board soffit,infill panels and partitions or bath panels.<br /><br />If your home is rented,your landlord may have relevant information. 324 Hazardous and toxic substances 159 Why worry about asbestos? <p>A number of people in Great Britain die each year from mesothelioma and asbestos related lung cancer as a result of <b><u>past exposure</u></b> to asbestos. </p><p>However, these are mainly due to heavy asbestos exposures in industries like shipbuilding and railway engineering in the past. </p><p>Asbestos that is around now, as long as it is treated with care and caution will be no harm to you. It is mainly found on old garage roofs, old buildings etc. If in doubt there are licenced contractors that can remove asbestos for you, so there is no need to worry.</p> 328 Asbestos 58 Do I have asbestos in my home? <p>If your home is more than 15 years old, it is possible that it contains materials made from asbestos. Common locations would be on garage or shed roofs and wall panels, drain pipes, insulation board soffit, infill panels and partitions or bath panels. </p><p>If your home is rented, your landlord may have relevant information. </p> 328 Asbestos 59 What should I do if I have asbestos in my home? <p>The general rule is to always leave asbestos alone, it&#39;s usually safe unless it&#39;s damaged or disturbed. </p><p>You can paint indoor materials with an alkali resistant paint such as PVA emulsion. </p><p>You must never sand, drill or saw asbestos materials.</p><p>Always seek advice before thinking of removing asbestos and follow the basic rules below if carrying out asbestos cement removal work. Do not attempt to remove asbestos lagging, spray coatings or large areas of Insulation Board by yourself as these materials can only be safely removed by a licensed contractor. </p><p>If you are still in doubt, contact your local authority or Refuse Site who will be able to advise you further. </p> 328 Asbestos 60 Can I remove asbestos? <p>Asbestos cement can be safely removed by remembering these basic rules:-</p><p>Prepare the work area - remove any unnecessary items, cover the floor and surfaces with disposable polythene sheeting.</p><p>Wear protective clothing- disposable overall with hood, disposable paper face mask (for use with asbestos) and rubber or disposable gloves.</p><p>Damp down - use a plant sprayer or hosepipe but don&#39;t soak the area as this will make cleaning up more difficult.</p><p>Remove the asbestos without breaking it up, wrap in polythene sheeting or double bag and seal with tape. </p><p>Red Bags especially for asbestos are available at Burnleys Main tip site-Burnley HWRC is most conveniently accessed from the B6243 Princess Way. Turn into Rectory Road/Grosvenor Street from the roundabout opposite the Asda store. There is no charge for these bags. You are allowed 6 bags per person, once every month for 3 months.</p><p>Visually inspect the area and clear up any debris by hand - wipe down with disposable damp clothes. Never use a vacuum cleaner as this will just spread dust around.</p><p>Pick up polythene sheeting and remove protective clothing and dispose of both as asbestos waste.</p><p>Wash hands and face after the job is completed.</p><p>For larger, difficult or more dangerous areas of asbestos there are plenty of Licenced Contractors that can dispose of this for you, safely. You should be able to find these in your local telephone book.</p><p><br /></p> 328 Asbestos 61 How can I dispose of asbestos waste? <p>Asbestos cement can be disposed of free-of-charge by householders at the civic amenity site at Princess Way in Burnley. </p><p>For more information about this service please contact the Burnley Refuse Site on 01282 451592.</p> 328 Asbestos 62 How should I transport asbestos waste? <p>If as a householder, you intend to transport asbestos cement waste in your own vehicle, you do not need to be a registered carrier provided that it is your own waste. </p><p>However, you should take the following steps to ensure that asbestos does not contaminate your car:</p><p>Spray sheets of asbestos cement with water.</p><p>Double wrap or double bag the asbestos cement with heavy duty polythene or in the Red Bags that you can obtain from Burnleys local Refuse site at Princess Way.</p><p>The Red Bags are free of charge, you are allowed 6 bags per person, once a month for 3 months. You must make sure that the asbestos is double wrapped with the red bag on the outer side, so that the collectors are aware that it is asbestos.</p><p>Ensure the wrapping is secured with tape.</p><p>Make sure vehicle occupants do not have access to the asbestos waste.</p><p>You can then take it down to your local refuse site free of charge.</p> 328 Asbestos 63 What is light pollution? Light pollution (also called sky glow) is a brightening of the night sky caused by artificail light being scattered by small particles in the air such as water droplets and dust.  Light pollution also includes light intruding into our homes, such as a bright street light outside a bedroom window. 332 Light pollution 64 What causes light pollution? Artificial light including street lighting, security lamps, advertising and display lighting, floodlights for sporting events and building illumination. Poorly fitted lights allow light to shine upwards, which causes sky glow. Some artificial lights are also reflected upwards from roads, pavements and buildings. 332 Light pollution 65 What can be done about light pollution? At present light pollution is not listed as a statutory nuisance in the Environmental Protection Act 1990. This means we cannot take formal action on your behalf if you suffer from intrusive light. The best approach initially is to inform the owner that their lighting is causing a problem. In most cases all that is required is the proper alignment of fixings, sensors, lights and shielding accessories, or replacement by a lower wattage light. If this fails, the only option is to take a private prosecution agains the polluter under common law. 332 Light pollution 66 How to I report an untaxed vehicle? Burnley Borough Council do not remove untaxed vehicles. To report an untaxed vehicle you should contact the DVLA on <b>08000 325 202</b> or visit their website to complete a form - <a href="http://www.dvla.gov.uk/public/unlic_veh/unlicenced.htm" target="_self">www.dvla.gov.uk</a> 357 Abandoned vehicles 173 What is an abandoned vehicle? A vehicle is classified abandoned if it is untaxed and appears to have been given up. We must be satisfied that the vehicle has been left with no intention of being removed by the owner within a reasonable period.<br /><br />The following criteria will help decide if a vehicle may be abandoned -<br /> <ul><li>The vehicle is not currently licensed</li><li>One or more tyres flat</li><li>Presence of litter, weeds etc. under the vehicle indicating that it has not been moved for some time</li><li>Rusty brake discs indicating that the vehicle has not been moved for some time</li><li>Broken windscreen or any of the windows broken</li><li>Presence of mould on either the inside or outside of the vehicle</li><li>Presence of waste eg tyres inside the vehicle</li><li>Absence of number plates<br /></li></ul>Nuisance vehicles may be <br /> <ul><li>Poorly parked vehicles </li><li>Vehicles causing obstruction </li><li>Neighbour disputes </li><li>Residential parking disputes </li><li>Vehicle breakdown</li></ul>There is little or nothing the council can do about nuisance vehicles.<br /> 357 Abandoned vehicles 172 Is it against the law to abandon a vehicle? Yes, under the terms of the Refuse Disposal (Amenity) Act 1978 it is a criminal offence to abandon a vehicle and carries a penalty upon conviction of a fine of up to &pound;2,500 or 3 months imprisonment or both. The Council can also claim back the cost of removing and disposing of the vehicle. 357 Abandoned vehicles 174 How do I report an abandoned vehicle? <ul><li><a target="_self" href="http://www.burnley.gov.uk/site/scripts/xforms_form.php?formID=55">Complete an online form to report an abandoned vehicle<br /></a></li></ul> <ul><li>Telephone our Contact Centre 01282 425011</li></ul> <ul><li>Email <a target="_self" href="mailto:streetscene@burnley.gov.uk">streetscene@burnley.gov.uk</a></li></ul> <ul><li>Call in to the Contact Burnley One Stop Shop, Parker Lane, Burnley and we&#39;ll be only too pleased to help.<br /></li></ul><br />You will be asked to give the following information, please note we will not pass your details to any third party including the police.<br /><br />Your name, address and telephone number will be requested together with details of<br /><br /> <ul><li>Exact Location of vehicle</li><li>Colour</li><li>Registration number</li><li>Make and Model</li><li>Is the vehicle a wreck?</li><li>Is it displaying a current tax disc?</li><li>You will also be asked if you know who the owner of the land is where the vehicle is situated. <br /></li></ul><br /> 357 Abandoned vehicles 175 Once the council has received a complaint how long will it be before the vehicle is removed? The vehicle will be removed as rapidly as the law permits, which will be as soon as practicable after it has been identified as abandoned.<br /><br />A Council officer will visit the vehicle and make local enquiries to trace the owner, complete a condition report and assess whether vehicle is a wreck i.e. should be destroyed, or a runner. If the vehicle is deemed abandoned it will be compounded. <br /><br />The Council will contact the DVLA to trace the last registered keeper of the vehicle, a letter will be sent to them informing the owner of how to retrieve their vehicle and what costs are involved.<br /> 357 Abandoned vehicles 176 What if the vehicle is abandoned on private land? If the vehicle is on private land we will need to serve the occupier of the land with a fifteen day notice, notifying them of our intention to remove it, however if the occupier gives us permission the fifteen day notice will be wavered and the vehicle compounded as soon as practicable. 357 Abandoned vehicles 177 Can the council remove a vehicle that is causing an obstruction or has been badly parked? No. You should contact the Police on 0845 125 35 45. 357 Abandoned vehicles 178 A car has been given a police aware sticker but has still not been moved. The police may still have an interest in the vehicle, and not wish for the Council to remove the vehicle until their investigations are complete 357 Abandoned vehicles 179 What is a dangerous structure or building? Buildings may become gradually dangerous due to old age, deterioration or by more dramatic causes such as storm, explosion, fire or impact by vehicles.  These buildings can be dangerous to the public. 368 Dangerous structures 717 If I think a building is unsafe or a danger to the public what should I do? <p>All buildings which appear to be dangerous should be reported to the Council who will treat the matter with the utmost urgency.</p><p>You can</p><ul><li><a title="Complete an online form to report a dangerous building or structure" href="http://www.burnley.gov.uk/site/scripts/xforms_form.php?formID=61">Complete an online form to report a dangerous building or structure</a></li><li>Call 01282 425011 </li><li>Email <a href="mailto:streetscene@burnley.gov.uk">streetscene@burnley.gov.uk</a> giving details of the location of the building.</li></ul><p>If it is an emergency at evenings, weekends and over the holiday periods when the offices are closed. Call the Council&#39;s emergency number on</p><h2 align="center">01254 384 940</h2><p><b>Burnley Borough Council is not responsible for housing. These properties are now owned by </b><a href="http://www.bpch.co.uk/"><u>Calico Housing Association</u></a><b>. Freephone: 0800 1692407</b></p> 368 Dangerous structures 718 What will the council do about dangerous buildings or structures? <p>The Council&#39;s Streetscene Unit has a responsibility to deal with dangerous buildings.  If it is considered that a building is immediately dangerous, we can require immediate evacuation and take any action necessary to protect the public and property. This may involve temporary road closure, barricading, shoring, scaffolding, repairs or demolition. </p><p>Where the building is not immediately dangerous the owner would receive a Notice requiring the property to be made safe within a stated time and, if satisfactory action is not taken, an Enforcement Order may be issued. If this is not complied with, the Council can instruct all necessary works to make the building safe and recover expenses from the owner.</p> 368 Dangerous structures 719 I want to extend my house/ build a conservatory. How do I find out if I need planning permission? You might need planning permission if the extension is large, if you&rsquo;ve extended your house before, if the extension or conservatory is nearer the road or footpath than the rest of the house.  You can view our <a href="http://www.burnley.gov.uk/site/scripts/faqs.php?categoryID=373" target="_self">frequently asked questions about building control regulations</a> to give a clear idea of whether you need planning permission.   If you need further advice you can ask at the counter in the Planning Office on Parker Lane or call the Planning Unit on 01282 425011. 372 Planning 188 What happens if my planning application gets turned down? If you have had your application turned down, you will be told why and you will be advised how you might overcome the issue that caused the application to be refused.  You also have the right to appeal against the decision.  Appeals are dealt with by independent inspectors. 372 Planning 189 I think one of my neighbours is building something without planning permission. What should I do? Your neighbour may not have needed planning permission.  Small extensions to houses, garages etc. do not necessarily have to have planning permission.  If you want to check to see if planning permission is needed, contact the Planning Office in Parker Lane. 372 Planning 190 What do I do if I think one of my neighbours is carrying on a business at home? Some low-key business activities can take place in the home without the need for planning permission, but those that can cause disturbance to neighbours may well need permission.  Contact the Planning Office in Parker Lane if you have concerns.  These sort of enquiries are always kept confidential so your neighbour won&rsquo;t know you have enquired. 372 Planning 191 My neighbour has got planning permission for a house extension but he's building it differently to the plans I have seen. Who do I tell? He might have got permission to make a minor change to the plans.  The planning application file, which is kept in the Planning Office in Parker Lane, would show whether the plans have been changed. 372 Planning 192 I have heard that plans have been put in to build houses/factories/shops near my house and I don't agree with the idea. What can I do? First, come in and look at the plans.  If you don&rsquo;t like what you see, you can object.  Making an objection is very straightforward.  All you need to do is to write down why you object and send or take this in to the Planning Office.  When planning applications are submitted, the Planning Office will consult neighbouring residents and businesses.  The Council is expected to make the decision about the application within 8 weeks from the date it is submitted and the normal consultation period is only 3 weeks.  So it is essential that you do submit any objection as quickly as possible so that it can be taken into account in the decision making (see below). 372 Planning 194 Why has the council accepted a planning application when there is so much opposition to it? The Council has to.  If someone puts in a planning application in the proper way, on the proper forms etc., we have to deal with it.  We cannot refuse to accept a planning application. 372 Planning 195 What is a material consideration? These are issues like traffic impact, the design, the layout, whether the proposal affects your rights to privacy and daylight.  Issues that are not ‘material considerations&rsquo; and which cannot be used as reasons to refuse a planning application are loss of a view, commercial competition, effect the proposal might have on property values and ownership. 372 Planning 197 What happens if I get a petition up against a planning application? Your petition will be reported to the Development Control Committee.  The Committee meetings are usually held on Thursdays every 3 or 4 weeks.  Dates are advertised on the Council&rsquo;s website and on the notice boards outside the Town Hall.  The Planning Office will tell you which Committee meeting is hearing the application you are interested in.  You have to fill in a form to say you want to speak and make sure that the form is returned to the Town Hall by 5.00 p.m. on the Monday before the Committee meeting.  You will usually be allowed to speak for 3 minutes.  This can vary if there are a lot of speakers on the same issue. 372 Planning 198 Where can I go for independent advice to fight a planning proposal? The Planning Office can let you have a leaflet about ‘Planning Aid&rsquo;.  Planning Aid is staffed by volunteer, qualified Planners, who will offer independent advice on a whole range of planning issues. 372 Planning 199 What will my councillors do to help me object? Your local Councillors will give you advice about how to make an objection and may support you in your objection. 372 Planning 200 How can I make sure that the plans will not get built? You can&rsquo;t ‘make sure&rsquo; because there are many issues the Council has to consider and your views are only one of the considerations.  A planning application is firstly considered against the Local Plan, then ‘material considerations&rsquo;.  If the issues you have raised are not classed as ‘material considerations&rsquo;, they won&rsquo;t be able to be used to influence the decision. 372 Planning 196 How do I find out if a planning application has been made? <p>A weekly list of planning applications is on show in the Planning Office.  It is also available on the Council&#39;s website:  <a href="http://www.burnley.gov.uk/planning">www.burnley.gov.uk/planning</a> </p><p>You may also search for individual applications and view attached documents and plans using the <a title="Application search facility" href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=372&documentID=805">Application search facility</a> </p> 372 Planning 193 If planning permission is refused on a deemed planning application at an enforcement appeal, is an additional fee payable if a further planning application is submitted in respect of the same site within 12 months? If a further planning application is submitted by the same applicant, for the same site area, using the same description of development and within 12 months of the decision then no fee woul be payable. 372 Planning 254 How much time do I have to comment on a planning application? You have 21 days from the date of the notification letter, site or press notice to submit any comments you wish to make about the application, although comments received after this deadline will be accepted provided that a decision has not been taken. We will not make a decision within the 21 day period. 372 Planning 547 What issues are taken into account when deciding a planning application? <p>It is important to understand that the Council can only take into account planning issues when determining an application. Consequently your comments should be restricted to relevant planning issues only. There is no exhaustive list of material planning considerations, but the following issues are likely to be relevant in most cases:- </p> <ul><li><a href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=372&documentID=45" target="_self">Burnely Local Development Plan</a>  </li><li><a href="http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/contentservertemplate/odpm_index.hcst?n=2263&l=2" target="_self">Government Planning Policy Guidance</a>  </li><li>Case law and precedent </li><li>Considerations of highway safety </li><li>Residential amenity </li><li>Noise, disturbance and smells </li><li>Design, appearance and layout </li><li>Impact on trees, listed buildings and conservation areas </li><li>Human Rights </li></ul> <p><a href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=372&documentID=119" target="_self">Further information on material planning considerations</a> </p> 372 Planning 545 What issues cannot be taken into account when deciding a planning application? <p>Examples of issues that are not planning matters include:</p> <ul><li>Loss of a view </li><li>Private rights such as restrictive covenants, private rights of way and rights to light </li><li>Ownership of land </li><li>Boundary or access disputes </li><li>Objections on grounds of business competition </li><li>Effects on property value </li><li>Morality or personal opinion </li><li>Matters covered by other legislation </li><li>The reputation of the applicant/developer </li><li>Nuisance caused by building work </li><li>Speculation about future developments</li></ul> <p><a href="http://www.burnley.gov.uk/site/scripts/documents_info.php?categoryID=372&documentID=119" target="_self">Further information about material considerations for planning applications</a> </p> 372 Planning 546 Should I get together a petition to comment on a planning application? <p>If you think that a lot of people will agree with you about a proposal, you can organise a petition. If you decide to do this, make sure it clearly refers to the application number, the address of the site, the reasons for objecting to or supporting the scheme, the name and address of each signatory and the name of the individual or organisation who has organised the petition.</p> <p>It is often better to have a short petition that includes residents who would be directly affected by the proposal rather one that includes long list of people who do not live or work anywhere near the site in question. </p> <p>Whilst petitions are a popular means of highlighting the views of local residents, a single letter can be equally effective. </p> 372 Planning 548 How can I make comments on a planning application? <p>Under Planning law the Council must publicise all planning applications in order to give local residents or any other interested party the opportunity to submit their comments on the proposal. So it is up to you to have your say!! </p> <p>We welcome all comments on planning proposals whether they are in favour of the development or against it. They help us make the best decisions.</p> <p>All comments must be made in writing and should clearly state your name, address, the proposal and reference number together with your reasons for either objecting to or supporting the application. </p> <ul><li>Comments can be submitted via the <a href="http://www.burnley.gov.uk/site/scripts/xforms_form.php?formID=59" target="_self">Online Planning Applications Comments Form</a> .</li><li>Comments can be emailed to <a href="mailto:planning@burnley.gov.uk" target="_self">planning@burnley.gov.uk</a> </li><li>Comments can be sent by letter addressed to Planning and Environment Services, PO Box 29, Parker Lane, Burnley, BB11 2DT.</li></ul> <p></p> 372 Planning 549 Can the comments I make on an application be seen by others? <p>You should be aware that under the provisions of the Local Government Access to Information Act 1985, the Council is required to make any letters or petitions received available for public inspection. All letters are held with the planning application and may be inspected by the applicant or the general public. </p> <p>You should not forget that the laws of libel are very strict. If you say something defamatory about a person that is untrue, even if you believe it to be true you may be at risk of legal action. </p> 372 Planning 550 What happens after a planning decision has been made? <p>In all cases if you have commented on a planning application we will notify you of the final decision. This may be some time after you were initially consulted. You can also request a copy of any conditions imposed on a planning permission. These are also available online for decisions made since January 2005 and are listed on the individual decision notice.  You can view them using the <a title="Application search facility" href="http://www.burnley.gov.uk/site/scripts/planning.php">Application search facility</a></p><p>If the application is refused or the applicant is unhappy about any of the conditions imposed on a permission he/she has the right to appeal against the decision to the Planning Inspectorate. We will write to you if an appeal is submitted to advise you how to make further comments to an Inspector.<br /></p><p>Once the development is underway if you have concerns that it is not being built in accordance with the approved plans or the conditions have not been followed, you should contact the planning office and we will check the situation and get back to you. </p> 372 Planning 552 What happens when I have made my comments on a planning application? <p>The Planning Officer will consider the consultation responses received together with the information contained in the application against the relevant policies contained in the Local Development Plan and other material considerations. The Planning Officer will prepare a report and make a recommendation as to whether permission should be granted (subject to conditions) or whether it should be approved. </p><p>If the application is amended significantly after we have invited initial comments we will write to you again to advise you of this and give you a further 14 days to submit your comments on the amended scheme. </p><p>If the application is considered to be minor and uncontroversial the decision to approve or refuse planning permission will normally be taken by a relatively senior planning officer who has delegated powers to act on behalf of the Council. In all other cases the report and recommendation is submitted to the Development Control Committee for decision. </p><p>If the application requires a Committee decision we will write to you to notify you of the date the application will be considered in advance of the meeting and provide you with details of the decision making process and public speaking arrangements. </p><p>You should be aware that local opposition or the fact that a large number of people have objecting to an application does not mean that the Council has to refuse permission.<br /></p> 372 Planning 551 Are the houses in Herbert St, Burnley being identified for demolition? Herbert Street falls under Proposal 10 of the draft preferred option for Piccadilly. The proposal identifies selective housing clearance/thinning and redevelopment/remodelling for this area. However, the Council has not yet undertaken any work on the details of such a scheme, but it is possible that some blocks could be taken out to &quot;thin&quot; the area or reduce the density and provide land for more garden areas or parking. Remodelling can also include work to improve properties such as &quot;facelifting&quot; or &quot;group repair&quot;.<br /><br />We will shortly be looking at responses and ideas from the public and other sources and details of these studies will be made available when complete. <br /><br />Further to this, I would like to advise you that there is currently no funding to implement the proposals in the plan - the plans are being prepared as part of work to bid for funding under Round 2 of the Elevate Programme.<br /> 372 Planning 554 Can I speak at a Development Control Committeee meeting? Read the procedure for speaking on a planning application at Committee 372 Planning 783 Do you require planning permission for a static caravan when converting a barn? <div>Planning permission is not required for a static caravan whilst conversion is underway, providing there is a valid permission in place for the conversion and the caravan must be removed and the land re-instated when the conversion is complete.<br /></div> 372 Planning 925 Do I need to submit a building regulations application for building a porch? You do not need to submit a building regulations application providing the porch is single storey and a door is retained between the dwelling house and the porch.<br /><br />To be classified as a porch it must be a non-habitable area containing no heating, electrical sockets or signs of permanent occupation. (Schedule 2, Class 7 The Building Regulations 2000) 373 Building regulations 95 Do I need to submit a building regulations application for building a garage? You do not need to submit a building regulations application if the garage is detached, single storey, does not contain any sleeping accommodation, is under 30m square, is constructed substantially of non-combustible material and has no point which is less than one metre from the boundary of its curtilage. (Schedule 2, Class 6:1 The Building Regulations 2000). If the garage is attached you must submit an application. 373 Building regulations 96 Do I need to submit a building regulations application for building a shed / greenhouse / doghouse? You do not need to submit a building regulations application if the building is single storey, does not contain sleeping accommodation, is under 30m square, is constructed substantially of non-combustible material and has no point which is less than one metre from the boundary of its curtilage. (Schedule 2, Class 6:1 The Building Regulations 2000). You also do not need to apply if the building is detached, under 15m square and contains no sleeping accommodation (Schedule 2, Class 6:3 The Building Regulations 2000). 373 Building regulations 97 Do I need to submit a building regulations application for replacing a flat roof? If the roof is the same as the previous roof. If it is in the same materials and of the same weight, then it is classed as a repair and is exempt. If you are changing from a flat roof to a pitched roof then you should apply. 373 Building regulations 98 Do I need to submit a building regulations application for the erection of a boundary wall? No. A boundary wall is exempt from Building Regulations as it is not classed as &#39;building work&#39; under the definition provided in Part 2:3:1 a to f of The Building Regulations 2000 373 Building regulations 99 Do I need to submit a building regulations application for carrying out 'like for like' repairs to a property? No, these are exempt from Building Regulations (except replacement window frames and underpinning). 373 Building regulations 100 Do I need to submit a building regulations application for converting a house to flats? Yes. You should submit a Full Plans application. 373 Building regulations 103 Do I need to submit a building regulations application for creating a window opening? Yes an application is required, it is a structural alteration. We will accept a Building Notice. 373 Building regulations 104 Do I need to submit a building regulations application for the replacement of domestic window frames? Yes, an application is required, please supply Building Notice Windows Forms. 373 Building regulations 105 Do I need to submit a building regulations application for the replacement of commercial window frames? Yes, an application is required. Please submit a Full Plans Application. 373 Building regulations 106 Do I need to submit a building regulations application for a two-storey garage / porch? Yes. A Full Plans Application is required. 373 Building regulations 107 Do I need to submit a building regulations application for converting a garage to a habitable room? Yes. A Full Plans Application would be preferred. If a Building Notice is submitted, please supply drawings showing proposed layout and original layout. 373 Building regulations 108 Do I need to submit a building regulations application for a loft conversion? Yes. A Full Plans Application is required. 373 Building regulations 109 Do I need to submit a building regulations application for creating a velux rooflight? A velux rooflight is usually only put in to allow light for a loft conversion, which would require a Full Plans Application for the whole conversion. If you were creating rooflight without a loft conversion you should submit a Building Notice Window Form and we will inspect the property.<br /><br />If it is found that a loft conversion has been carried out, or is being carried out, without a valid application for Building Regulations Approval, the Local Authority reserve the right to prosecute. (The maximum fine for a Building Regulations contravention is &pound;5000 for each offence). 373 Building regulations 110 Do I need to submit a building regulations application for changing a type of roof (e.g. flat to pitched)? A building regulations application is required. A full plans application is preferred. If a Building Notice is submitted then drawings and calculations will be required as well. 373 Building regulations 111 Do I need to submit a building regulations application for converting two properties into one? An application is required. A full plans application is preferred. If a building notice is submitted please supply detailed drawing showing proposed layout and original layout. Calculations may be required if certain structural alterations are made. 373 Building regulations 113 Do I need to submit a building regulations application for running a business from home (e.g.home office or shop)? You will be exempt from Building Regulations if there is no material change of use as defined in Part 2:5:a to g of The Building Regulations 2000. As long as there are no structural alterations or building works (as defined in Part 2:3:1 a to f of the Building Regulations 2000) you will not need to submit an application. 373 Building regulations 114 Do I need to submit a building regulations application for replacing a gas central heating boiler or gas fire? As long as the person fitting the fire/boiler is CORGI registered then an application will not be required. 373 Building regulations 115 Do I need to submit a building regulations application for creating a new bathroom? An application is required. A full plans application is preferred however, if a building notice is submitted then drawings showing the proposed layout and the original layout should be supplied. 373 Building regulations 116 Do I need to submit a building regulations application for removal of a chimney breast? An application is required. A full plans application is preferred. If a building notice is submitted then detailed drawing and calculations may also be required. 373 Building regulations 117 Do I need to submit a building regulations application for removing an internal wall? An application is required. A full plans application is preferred. If a building notice is submitted then detailed drawings and calculations may be required as well depending on whether the wall is load-bearing. 373 Building regulations 118 Do I need to submit a building regulations application for creating a room by internal alteration (stud partition wall)? An application is required as the alteration is structural. We will accept a Building Notice with drawings showing layout. 373 Building regulations 119 Do I need to submit a building regulations application for underpinning foundations to a house? A Full Plans Application is preferred. If a Building Notice is submitted the drawings and calculations will be required as well. 373 Building regulations 120 Do I need to submit a building regulations application for creation of a bay window? A full plans application is preferred. If a Building Notice is submitted then drawings and calculations may be required as well. 373 Building regulations 121 Do I need to submit a building regulations application for the bricking up of a shop front? An application is required. A full plans application is preferred. If a Building Notice is submitted then drawings showing the layout, elevations and calculations may be required depending on the amount of work necessary. 373 Building regulations 123 Do I need to submit a building regulations application for creating a disabled access? An application is required. A full plans application is preferred. If a Buildings Notice is submitted then drawings showing the original and proposed layout should be supplied. 373 Building regulations 124 Do I need to submit a building regulations application for creating a lift shaft? An application is required. A full plans application is preferred. If a Building Notice is submitted then drawings showing the layout proposed, including fire prevention and detection precautions should be supplied. Calculations may also be required depending on the nature of the work involved. 373 Building regulations 125 Do I need to submit a building regulations application for construction of a flue? A full plans application is preferred. If a Building Notice is submitted then drawings and calculations may be required as well. 373 Building regulations 126 Do I need to submit a building regulations application for an extension to a dwelling? A full plans application is required. 373 Building regulations 112 Do I need to submit a building regulations application for building a dwellinghouse? Yes. You should submit a Full Plans Application. 373 Building regulations 102 Do I need to submit a building regulations application for the laying of drains to a residential property? An application is required. A full plans application is preferred, if a Building Notice is submitted then drawings showing the layout should also be supplied. 373 Building regulations 122 Do I need to submit a building regulations application for adding a single storey or two storey extension? Yes. You should submit a Full Plans Application. 373 Building regulations 101 Do I need to submit a building regulations application for building a conservatory? You do not need a building regulations application if, it is detached, it does not contain any sleeping accommodation, it is under 30m square and has no point which is less than one metre from the boundary of its curtilage and is constructed of substantially non-combustible material (Schedule 2, Class 6:1 The Building Regulations 2000). <br /><br />You also do not need a building regulations application if it is attached, single storey, under 30m square with a glazed roof or over 50% glazed roof and a door is retained between the conservatory and the dwelling house (Schedule 2, Class 7 The Building Regulations 2000). You will need an application for building regulations if your conservatory does not meet the above criteria. 373 Building regulations 94 LAND SEARCHES - What is an official local land charge search? <div align="justify">The Local Land Charge Section carries out all official searches covered by the Local Land Charges Act 1975, guaranteeing comprehensive replies to the official LLC1 and CON29 enquiries.<br /></div><div align="justify"><br />The search will be in two parts:-<br /><br />LLC1- this first part, the Official Certificate of Search Form , deals with all the registerable charges, for example financial charges (registered against the property by the local authority), improvement grants, tree preservation orders, conditional planning consents and agreements.<br /><br />CON29- the second part called Enquiries of Local Authorities Form deals with issues such as road schemes, the planning history of the property and various notices which affect the property.<br /></div> 381 Land searches 823 LAND SEARCHES - What is a personal land charge search? <p>These are carried out by the member of the public or their representative and the register is made available for inspection by the person conducting the search. A statutory fee of &pound;11 is payable for inspecting the register. </p><p>If you rely on a personal search from a solicitor or personal search company may we remind you that they are not given, or entitled to receive, answers to the questions on the CON 29, and any information they do obtain is not covered by Section 10(3) of the Local LandCharges Act 1975 which relates to compensation for loss. The only way to receive this information is to submit the official LLC1 and CON 29 forms.</p><p>The Law Society, which regulates solicitors, encourages the use of official searches and considers that alternative personal searches of the statutory register, disclosing only limited information, should only be undertaken with the approvalof the client when time does not permit official searches. You are advised to confirm with your solicitor that an official search has been undertaken and to inspect the Certificate of Official Search.</p> 381 Land searches 824 LAND SEARCHES - How do I request an official land charge search?