Smokefree Somerset - planning issues

Please note: Amendments to buildings may need planning approval.

Frequently asked questions

1. I'm building a smoking shelter, will I need planning permission?
2. Are smoking shelters covered under the legislation?
3. Why have no smoking shelter guidelines been included in the legislation?
4. How long will it take for my application to be determined?
5. What is meant by the term 'enclosed'?
6. What is meant by ' substantially enclosed'?

Answers

1. 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.

2. Are smoking shelters covered under the legislation?

No, the point of the legislation is to improve the health of residents, and the environment people live and work in. There is no guidance in the legislation covering smoking shelters. However, there is planning guidance. Contact the Planning Department for more information.

3. 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 the Planning Department who will advise you as to whether your design would comply with the councils legislation.

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

The council 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 the planning department for information and guidance. 

5. 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. The room will be "enclosed".

6. What is meant by ' substantially enclosed'?

To fall into the category of having to be assessed as to whether it is substantially enclosed the room must have an opening i.e. empty space or gaps (such as missing walls) which are open to the outside air.

The legislation is in draft form, and definitions will be finalised when it is released.

Related links

Planning

External links

Smokefree England