Do I need Planning Permission?

Planning permission is required for most new developments including the erection of new buildings or structures, extending or changing the appearance of buildings and changing the use of a building or a piece of land. New roads and access points onto a road or pavement also usually require planning permission. The display of certain types of advertisements also needs permission.

There is often confusion about the difference between planning permission and building regulations approval. These are not the same, they are two entirely separate pieces of building law.

Simply, planning permission deals with the use of land, the appearance of any proposed building and the effect that the development will have on the general environment and neighbouring properties.

The building regulations on the other hand deal with the way the building is constructed such as its structural stability, fire resistance and prevention of dampness. For more details, visit the Building Control section.

Some minor alterations such as new windows, small extensions and outbuildings can be erected without planning permission as "permitted development" (as they are known). What can be "permitted development" is however fairly complicated and different in certain areas, such as when the property is in a conservation area.

New legislation on Permitted Development Rights (The Town and Country Planning (General Permitted Development)(Amendment)(No.2)(England) Order 2008 came into effect on 1st October 2008 - (2362 see link)

Permitted development rights for householders will be significantly simplified from that date, meaning that many household projects which previously required a planning application to be made to the Council, will no longer do so.

A user guide highlighting which works are allowed under the new permitted development rights regime can be found on the Planning Portal (see link)

As well as making life easier for homeowners, the new rules have been partly introduced by the Government to combat the effects of climate change. For example, a requirement has been introduced meaning that any driveways over five square metres must be made of permeable materials, to reduce flood risk.

By giving only permeable surfacing automatic permission, homeowners will be encouraged to consider the impact of their surface water drainage much more carefully and to ensure the effects of that run off reduces the likelihood of neighbourhood flooding.

The Planning Portal offer help and advice on the new Legislation (see link to Planning Portal Interactive House)

Householders are advised to read the above guides to check whether any proposed works are allowed under the new permitted development rights, as some works which were previously allowed may now require a planning application if work has not commenced before 1^st October 2008.

Please note that from 19^th September 2011, we will no longer deal with pre-application enquiries on an informal basis.

Permitted Development Enquiries

Enquiries about permitted development will require a formal application for a Certificate of lawfulness of a Proposed Use or Development (CLOPUD). Forms are available from our website. The fee required will be half that of a planning application for the same development, ie householder application will be £75. Please check for other categories of fees.

Advice to applicants and agents before they submit a planning application can be very beneficial to all parties. It can result in higher quality applications being submitted, quicker decisions and a better standard of development. It may also mean that proposals that would have little or no chance of success are not submitted, saving all parties time and resources. The Council is committed to providing pre-application advice and this document sets out guidance on the type and scope of advice offered (see link)

Officer Opinion Enquiries

These enquiries will need to provide sufficient information to allow us to make an informed judgement of the proposal. The fees for this type of application are £200 for major proposals, £100 for minor proposals and £50 for other – the categories are those as defined by CLG. The charge for the Development Team Meeting will be used as a admin fee for the organisation/running of the meeting.

Householders are also reminded that Building Regulations are unchanged and that some projects that do not require a planning application may still require a Building Regulations application. Details of which projects require a Building Regulations application can also be found alongside the planning permission (see link)