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Planning Building Control

What you need to know about the planning system
The planning system plays an important role in modern society by helping to protect the environment in our towns and cities and in the countryside

This gives a simplified guide to those aspects of the planning system which you are most likely to encounter. However, it is not the law, nor does it claim to be an authoritative interpretation of law.

Consent required under Building Regulations is a quite separate matter from planning permission.

Do you need to apply for planning permission?
By the way, for those in a National Park, references in this page to 'the council' will usually mean the relevant National Park Authority, which deals with most planning matters relating to land within the Park.

Permitted development rights
If you live in a house, you can make certain types of minor change to your home without needing to apply for planning permission. These rights called 'permitted development rights', are described in this page. They derive from a general planning permission granted not by the local authority but by Parliament.

In some areas of the country permitted development rights are more restricted. If you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty or the Norfolk or Suffolk Broads, you will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if you house is a listed building.

Buildings and other structures on the land around your house
You will need to apply for planning permission if any of the following cases apply.

You want to put up a building or structure which would be nearer to any highway than the nearest part of the 'original house', unless there would be at least 20 metres between the new building and any highway.

More than half the area of land around the 'original house' would be covered by additions or other buildings. The meaning of 'original house' is explained above.

Your house is a listed building, and you want to put up a building or structure with a volume of more than 10 cubic metres.

The building or structure is not to be used for purposes ancillary to domestic use and is to be used instead, for example, for parking a commercial vehicle, running a business or for storing goods in connection with a business.

You want to put up a building or structure which is more than 3 metres high, or more than 4 metres high if it has a ridged roof. (Measure from the highest ground next to it).

You live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, or the Broads, and you want to put up a building or structure with a volume of more than 10 cubic metres (though it might be allowable as an extension).

Note: in all cases, if your new building would have a volume over 10 cubic metres and comes within 5 metres of the house, you need to be aware that it could be treated as an extension (and its volume deducted) when calculating your entitlement to extend the house. Also, if your new extension would bring some existing garden building within 5 metres of the (extended) house, that existing building's volume could be deducted from your overall volume entitlement for the house, as if it were another extension. Ask your council if in doubt.

Other kinds of approval

Listed buildings consent
You will need to apply for listed building consent if either of the following cases apply.

You want to demolish a listed building
You want to alter (internally or externally) or extend a listed building in a manner which would affect its character as a building of special architectural or historic interest.

You may also need listed building consent for any works to buildings within the grounds of a listed building, Sometimes, planning permission and listed building consent will both be required. Check the position carefully with the council - it is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.

Conservation area consent
If you live in a conservation area, you will need conservation area consent to do the following.

Demolish a building with a volume of more than 115 cubic metres. There are a few exceptions - you can get further information from your council.

To demolish a gate, fence, wall or railing over 1 metre high where next to a highway or public open space; or over 2 metres high elsewhere.

Trees
Many trees are protected by tree preservation orders, which means that you will generally need the council's consent to prune or fell them. In addition, there are controls over many other trees in conservation areas. Ask the council for a copy of the Department's free leaflet Protected Trees; a guide to tree preservation procedures.


Published by the Dept. of Communities and local Government Copyright; Crown Copyright 2003. Product Code 01PD1147

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