PlanningA Guide forHouseholders

What you need to knowabout the planning system

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What you need to knowabout the planning system

1. IntroductionThe planning system plays an important role inmodern society by helping to protect theenvironment in our towns and cities and in thecountryside. Planning regulations have to cover manydifferent situations and even the provisions whichaffect the average householder are quite detailed.Thisbooklet gives a simplified guide to those aspects ofthe planning system which you are most likely toencounter. However, it is not the law, nor does itclaim to be an authoritative interpretation of the law.

The general planning principles and the proceduresfor making a planning application described in thisbooklet apply equally to owners of houses and tofreeholders or leaseholders of flats and maisonettes.However, the rules that say when you need to applyfor planning permission will differ according towhether you own a house or a flat/maisonette.The different rules are described in Chapter 4.You will see that flats and maisonettes have fewer rights than houses.

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It is expected that the rules governing whathouseholders can do without the need toapply for planning permission will change on 1 October 2008. The advice contained onpages 7 to 21 only applies therefore to worksbegun before that date.

Further guidance on the new system will beissued nearer the time and will be available atwww.communities.gov.uk andwww.planningportal.gov.uk.

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Parliament has given the main responsibility forplanning to local planning authorities. If you have anyqueries about a particular case, the first thing to do isto ask the planning department of your local council.You may also be able to find out more about planninglaw in your local library, and a great deal of planningguidance is now accessible on the internet.

Planning permission itself does not give anyone theright to do anything on someone else’s land. If planningpermission has been granted to your neighbour, forinstance, you may still be able to take your own legalaction to defend any private rights you or yourproperty may have. If you are concerned about alegal problem, the local Citizens Advice Bureau or asolicitor may be able to help.

Consent required under the Building Regulations is a quite separate matter from planning permission.A free explanatory booklet is available.There is a listof useful publications at the end of this Guide.

2. Why planning controls areneeded

The purpose of the planning system is to protectamenity and the environment in the public interest. Itis not designed to protect the interests of one personover another.Within the framework of legislationapproved by Parliament, councils should try to ensurethat development is allowed where it is needed, whileensuring that the character and amenity of the areaare not adversely affected by new buildings orchanges in the use of existing buildings or land.

Some people think the planning system should beused to prevent any change in their localenvironment, while others think that planning controlsare an unnecessary interference with individual rights.The present position is that major works needplanning permission from the council but many minorworks do not.The Government thinks this is the rightbalance. Councils can use planning controls to protectthe character and amenity of their area, whileindividuals have a reasonable degree of freedom toalter their property.

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3. Before you start workThere are many kinds of alterations and additions tohouses for which you do not need to apply forplanning permission. Chapter 4 of this booklet willhelp you decide if you need to apply.Whether or notyou need to apply, you should think about thefollowing before you start work.

Your neighboursLet your neighbours know about work you intend tocarry out to your property.They are likely to be asconcerned about work which might affect them asyou would be about changes which might affect yourenjoyment of your own property. Even if what youwant to do would be lawful from a planning point ofview, there is no point in upsetting neighbours if acompromise could be agreed. For example, if yourbuilding work could take away some of yourneighbours’ light or spoil a view from their windows,you may be able to meet some of their worries bymodifying your proposal. Even if you decide not tochange what you want to do, it is usually better tohave told your neighbours what you are proposingbefore you go ahead.

If the work you carry out seriously overshadows aneighbour’s window, and that window has been therefor 20 years or more, you may be affecting a “right tolight” and you could be open to legal action by theneighbour. It is best to consult a lawyer if you needadvice about this.

If you do need to make a planning application for thework you want to carry out, the council will giveneighbours and others the opportunity to expresstheir views. If you or any of the people you areemploying to do the work need to go onto aneighbour’s property, you will, of course, need toobtain his or her consent before doing so.

DesignEverybody’s taste varies and different styles will suitdifferent types of property. Nevertheless, a well-designed building or extension is likely to be muchmore attractive to you and to your neighbours. It isalso likely to add value to your house when you sellit. It is therefore worth thinking carefully about howyour property will look after the work is finished.Extensions often look better if they use the samematerials and are in a similar style to the buildings

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which are there already. It is impossible to give asingle definition of good design in this context: theremay be many ways of producing a good result. Insome areas, the council’s planning department issuesdesign guides or other advisory leaflets which mayhelp you.You may wish to consider using a suitablyqualified, skilled and experienced designer.

Crime preventionYou may feel that your home is secure againstburglary and you may already have taken someprecautions such as installing security locks towindows. However, alterations and additions to yourhouse may make you more vulnerable to crime thanyou realise. For example, an extension with a flat roof,or a new porch, could give access to upstairswindows which previously did not require a lock.Similarly, a new window next to a drainpipe couldgive access. Ensure that all windows are secure. Also,your alarm system may need to be extended tocover any extra rooms or a new garage.The crimeprevention officer at your local police station canprovide helpful advice on ways of reducing the risk.

LightingLight itself, and minor domestic light fittings, are notsubject to planning controls. Nevertheless, if you areplanning to install external lighting for security orother purposes, you should ensure that the intensityand direction of light do not disturb others. Manypeople suffer extreme disturbance due to excessiveor poorly-designed lighting. Ensure that beams areNOT pointed directly at windows of other houses.Security lights fitted with passive infra-red detectors(PIRs) and/or timing devices should be adjusted sothat they minimise nuisance to neighbours and are setso that they are not triggered by traffic or pedestrianspassing outside your property. A neighbour might takeyou to court if you are negligent or cause nuisance.

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Covenants and private rightsCovenants or other restrictions in the title to yourproperty, or conditions in the lease, may require youto get someone else’s agreement before carrying outsome kinds of work to your property.This may bethe case even if you do not need to apply forplanning permission.You can check this yourself orconsult a lawyer.You may also find that someproperties enjoy historic rights.The council has noinvolvement in checking or enforcing your privaterights such as a “right to light”.

Other consentsWhether or not you need to apply for planningpermission, there are other consents or approvals you may need to obtain before you can start work.They are described in Chapter 6.

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4. Do you need to apply forplanning permission?

This chapter gives general guidance about the kindsof work for which you need to apply for planningpermission and those for which you do not. If you arein any doubt about whether you need to apply, youshould consult the planning department of yourcouncil.They will usually give you advice but, if youwant to obtain a formal ruling, you (or your adviser)can apply, on payment of a fee, for a “lawfuldevelopment certificate” by writing to the councilwith details of the work you want to carry out.

Take Care! If you build something which needsplanning permission without obtaining permission first,you may be forced to put things right later, whichcould prove troublesome and costly.You might evenhave to remove an unauthorised building.

By the way, for those in a National Park, references inthis booklet to “the council” will usually mean therelevant National Park Authority, which deals withmost planning matters relating to land within the Park.

When you will need to apply for planning permissionThe following are common examples of when youwill need to apply for planning permission.

•You want to make additions or extensions to a flator maisonette (including those converted fromhouses). (But you do not need planning permissionto carry out internal alterations or work which doesnot affect the external appearance of the building).

•You want to divide off part of your house for useas a separate home (for example, a self-containedflat or bed-sit) or use a building or caravan in yourgarden as a separate residence for someone else.(But you do not need planning permission to letone or two of your rooms to lodgers).

•You want to build a separate house in your garden.

•You want to divide off part of your home forbusiness or commercial use (for example, aworkshop) or you want to build a parking place for a commercial vehicle. (The Department’s freebooklet, Planning Permission:A Guide for Business,

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available from your council, gives advice aboutworking from home and whether planningpermission is likely to be required).

•You want to build something which goes againstthe terms of the original planning permission foryour house – for example, a planning conditionmay have been imposed to stop you putting up afence in the front garden.Your council has a recordof all planning permissions in its area.

• The work you want to do might obstruct the viewof road users.

• The work would involve a new or wider access toa trunk or classified road.

The rest of this chapter gives further advice on whenyou will need to apply for planning permission. If thisbooklet does not cover what you wish to do, youshould discuss your proposals with the planningdepartment of your council.

Permitted development rightsIf you live in a house, you can make certain types ofminor changes to your home without needing toapply for planning permission.These rights, called“permitted development rights”, are described in thischapter.They derive from a general planning permissiongranted not by the local authority but by Parliament.

In some areas of the country permitted developmentrights are more restricted. If you live in aConservation Area, a National Park, an Area ofOutstanding Natural Beauty or the Norfolk orSuffolk Broads, you will need to apply for planningpermission for certain types of work which do notneed an application in other areas.There are alsodifferent requirements if your house is a listedbuilding. These are described in the relevant sectionsof this chapter.

Flats and maisonettes are dealt with in Section I.

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Your council’s powers to withdrawpermitted development rightsYou should also note that the council may haveremoved some of your permitted development rightsby issuing an Article 4 direction. This will mean thatyou have to submit a planning application for workwhich normally does not need one. Article 4directions are made when the character of an area of acknowledged importance would be threatened.

They are most common in conservation areas.You will probably know if your property is affected bysuch a direction, but you can check with the council ifyou are not sure.

The sections below explain when you need to applyfor planning permission.

Section A House extensions and additions includingconservatories, sun lounges, enclosingexisting balconies or verandahs, loftconversions, dormer windows and roofadditions

Section B Buildings and other structures on the landaround your house, for example, garages,garden sheds, greenhouses and swimmingpools

Section C Adding a porch to your house

Section D Fences, walls, and gates

Section E Patios, hard standing, paths and driveways

Section F Satellite dishes, and television and radioaerials

Section G Decoration, repair and maintenance

Section H Demolition of buildings

Section I Flats and maisonettes

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Section AExtending your house

You need to apply for planning permission toextend or add to your house in the followingcircumstances.

•You want to build an addition which would benearer to any highway than the nearest part of the“original house”, unless there would be at least 20metres between your house (as extended) and thehighway.The term “highway” here includes all roads,footpaths, bridleways and byways if they are publicrights of way. (There are special rules for porches,see Section C.)

•Your house is a listed building.

• More than half the area of land around the “originalhouse” would be covered by additions or otherbuildings.

The term “original house” means the house as it wasfirst built or as it stood on 1 July 1948 (if it was builtbefore that date). Although you may not have built anextension to the house, a previous owner may havedone so.

You will also need to apply for planning permission ifthe extension or addition exceeds the following limitson height or volume.

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Height limits for extensionsYou will need to apply for planning permissionbefore building an extension to your house if:

• the extension is higher than the highest part of theroof of the “original house”; or

• any part of the extension is more than 4 metreshigh and is within 2 metres of the boundary ofyour property. (Loft conversions and dormers haveseparate rules, explained below.)

You should measure the height of buildings from theground level immediately next to it. If the ground isuneven, you should measure from the highest part ofthe surface, unless you are calculating volume.

Volume limits for extensionsYou will need to apply for planning permission beforebuilding an extension if:

• for a terrace house (including an end of terracehouse) or any house in a Conservation Area, aNational Park, an Area of Outstanding NaturalBeauty or the Broads – the volume of the “originalhouse” would be increased by more than 10% or50 cubic metres (whichever is the greater);

• for any other kind of house outside those areas,the volume of the “original house” would beincreased by more than 15% or 70 cubic metres(whichever is the greater); and

• in any case, the volume of the “original house”would be increased by more than 115 cubic metres.

Volume is calculated from the external dimensions of the entire structure of the extension.

In the following circumstances, the volume of otherbuildings which belong to your house (such as agarage or shed) will count against the volumeallowances. In some cases, this can include buildingswhich were built at the same time as the house orexisted on 1 July 1948.

• If an extension to your house comes within 5metres of another building belonging to yourhouse, the volume of that building counts againstthe allowance for additions and extensions.

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• If you live in a Conservation Area, a National Park,an Area of Outstanding Natural Beauty or theBroads, and the building you wish to add would bemore than 10 cubic metres in volume, it will(regardless of where situated in relation to thehouse) be treated as an extension of the house,and reduce the allowance for further extensions.

• Elsewhere, if you add to your property any buildingmore than 10 cubic metres in volume and within 5metres of your house, it will be treated as anextension of the house, and reduce the allowancefor further extensions.

If any of these cases apply, the volume of thebuilding concerned will be deducted from yourvolume limit for extensions and additions to yourhouse. For example, if your volume limit is 50 cubicmetres and a building of 15 cubic metres in volumeis treated as an extension to the house, then yourvolume limit for extensions would be reduced to 35cubic metres.

Limits for roof extensions, loftconversions and dormer windowsYou do not normally need to apply for planningpermission to re-roof your house (see Section G) or to insert roof lights or skylights.However, there are some special rules which governextensions to the roof.You will need to apply forplanning permission if you live in a Conservation Area,a National Park, an Area of Outstanding NaturalBeauty or the Broads and you want to build anextension to the roof of your house or any kind ofaddition which would materially alter the shape of the roof.

Outside those areas, you need to apply for planningpermission if any of the following is true:

• the work would make some part of the househigher than the highest part of the existing roof.

• the dormer or other addition you want to buildwould extend beyond the plane of any existingroof slope facing a highway.

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• a roof extension would add more than 40 cubicmetres to the volume of a terraced house or morethan 50 cubic metres to any other kind of house.

Note: additional volume created by any extension– and that includes roof extensions – will countagainst the total volume limit for your house. Soyou will also need to apply for planning permissionbefore building a roof extension if:

• for a terrace house, the volume of the “originalhouse” would be increased by more than 10% or50 cubic metres (whichever is the greater);

• for any other kind of house, the volume of the “original house” would be increased by more than 15% or 70 cubic metres (whichever is the greater);

• the volume of the “original house” would be increased by more than 115 cubic metres.

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Many kinds of buildings and structures can be built inyour garden or on the land around your housewithout the need to apply for planning permission.These can include sheds, garages, greenhouses,accommodation for pets and domestic animals,summer houses, swimming pools, ponds, sauna cabins,enclosures (including tennis courts) and many otherkinds of structure.

But you will need to apply for planning permission if any of the following cases apply.

•You want to put up a building or structure whichwould be nearer to any highway than the nearestpart of the “original house”, unless there would beat least 20 metres between the new building andany highway.

• More than half the area of land around the “originalhouse” would be covered by additions or otherbuildings.The meaning of “original house” isexplained in Section A.

•Your house is a listed building, and you want to putup a building or structure with a volume of morethan 10 cubic metres.

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Section BBuildings and other structures on the land around your house

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• The building or structure is not to be used forpurposes ancillary to domestic use and is to beused instead, for example, for parking a commercialvehicle, running a business or for storing goods inconnection with a business.

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

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

Note: in all cases, if your new building would have avolume over 10 cubic metres and come within 5metres of the house, you need to be aware that itcould be treated as an extension (and its volumededucted) when calculating your entitlement toextend the house (see Section A).Also, if your newextension would bring some existing garden buildingwithin 5 metres of the (extended) house, that

existing building’s volume could be deducted fromyour overall volume entitlement for the house, as ifit were another extension. Ask your council if in doubt.

Fuel storage tanksYou will need to apply for planning permission inthe following circumstances.

•You want to install a storage tank for domesticheating oil with a capacity of more than 3,500 litresor a height of more than 3 metres above ground level.

•You want to install a storage tank for domesticheating oil which would be nearer to any highwaythan the nearest part of the “original house”, orsituated less than 20 metres from any highway(whichever is the shorter distance).The term“highway” here includes public roads, bridleways,footpaths, or any other public right of way.

•You want to install a tank to store liquefied petroleumgas (LPG) or any liquid fuel other than oil.

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You will need to apply for planning permission if the porch:

• would have a ground area (measured externally) ofmore than 3 square metres; or

• would be higher than 3 metres above ground level; or

• would be less than 2 metres away from the boundaryof a dwellinghouse with a highway (which includesall public roads, footpaths, bridleways and byways).

Section CAdding a porch to your house

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You will need to apply for planning permission if youwish to erect or add to a fence, wall or gate, and:

• it would be over 1 metre high and next to ahighway used by vehicles (or the footpath of such ahighway); or over 2 metres high elsewhere; or

• your right to put up or alter fences, walls and gatesis removed by article 4 direction (see page 9) or aplanning condition; or

• your house is a listed building or in the curtilage ofa listed building.

You will not need to apply for planning permission totake down a fence, wall or gate, or to alter or improvean existing fence, wall or gate (no matter how high) ifyou do not increase its height. In a conservation area,however, you might need conservation area consentto take down a fence, wall or gate.

You do not need planning permission for hedges assuch, though if a planning condition or a covenantrestricts planting (for example, on “open plan” estates,or where a driver’s sight line could be blocked) youmay need to apply for planning permission and/orgain other consent.

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Section DFences, walls and gates

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There are no restrictions on the area of land aroundyour house which you can cover with hard surfacesat, or near, ground level.

However, significant works of embanking or terracingto support a hard surface might need a planningapplication. Alternatively, an elevated patio or decking,especially if it creates useable space underneath, mightbe regarded as an extension or garden building, andsubject to the appropriate limits.You will also need toapply for planning permission if the hard surface is notfor domestic purposes and is to be used instead, forexample, for parking a commercial vehicle or forstoring goods in connection with a business. Ask thecouncil if in doubt.

You must obtain the separate approval of thehighways department of your council if a newdriveway would cross a pavement or verge.You willalso need to apply for planning permission if youwant to make a new or wider access for yourdriveway on to a trunk or other classified road.The highways department of your council can tellyou if the road falls into this category.

Section EPatios, hard standing, paths and driveways

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Normal domestic TV and radio aerials do not needplanning permission.

In certain circumstances, you will need to apply forplanning permission to install a satellite dish on yourhouse.There is advice about this on the websitewww.planningportal.gov.uk

If your house is a listed building, you may need listedbuilding consent to install a satellite dish on your house(see Chapter 6).

Section FSatellite dishes, and television and radio aerials

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You may not need to apply for planning permission:

• for repairs or maintenance;

• for minor improvements, such as painting yourhouse or replacing windows;

• for internal alterations;

• for the insertion of windows, skylights or roof lights(but, if you want to create a new bay window, itwill be treated as an extension of the house – seeSection A);

• for the installation of solar panels which do notproject significantly beyond the existing roof slope;and

• to re-roof your house (but additions to the roof aretreated as extensions, see Section A).

Occasionally, you might have to apply for planningpermission for some of these works because yourcouncil has made an Article 4 Direction withdrawingyour permitted development rights (see Chapter 4).

Section GDecoration, repair and maintenance

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If you live in a listed building, you will need listedbuilding consent for any significant works whetherinternal or external (see Chapter 6).You also mayneed planning permission to alter, repair or maintain a gate, fence, wall or other means of enclosure.

CladdingIf you live in a Conservation Area, a National Park,an Area of Outstanding Natural Beauty or theBroads, you will need to apply for planningpermission before cladding the outside of your house with stone, tiles, artificial stone, plastic or timber.

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If you decide to demolish a building, even one whichhas suffered fire or storm damage, it does notautomatically follow that you will get planningpermission to build a replacement.

Listed buildings and buildings in conservation areasYou do not need to make a planning application todemolish a listed building or to demolish a building ina conservation area. However, you are likely to needlisted building consent or conservation area consent(See Chapter 6).

ElsewhereYou will not need to apply for planning permission toknock down your house or any of its outbuildings,unless the council has made an article 4 directionrestricting the demolition or alterations you couldnormally carry out under permitted developmentrules (see page 9).

Section HDemolition of buildings

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However, where demolition of any kind of residentialproperty is proposed, the council may wish to agreethe details of how you intend to carry out thedemolition and how you propose to restore the siteafterwards.You will need to apply for a formaldecision on whether the council wishes to approvethese details before you start demolition.This is calleda “prior approval application” and your council will beable to explain what it involves.

See Chapter 4 Section D (and, if necessary,Chapter 6) if you want to take down a fence,wall or gate.

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Alterations, outbuildings, walls, fences and patios etcYou will need to apply for planning permission tobuild an extension, an outbuilding such as a garage,shed or greenhouse, as well as for any other workwhich would materially alter the appearance of thebuilding.You will also need to apply for planningpermission to create a hard surface such as a patio.

You will not need to apply for planning permission to paint your flat or maisonette but, if you are aleaseholder, you may first need to get permissionfrom your landlord or management company.

Satellite dishesIn certain circumstances, you will need to apply forplanning permission to install a satellite dish on yourflat or maisonette.This is explained in theDepartment’s free booklet A Householder’s PlanningGuide for the Installation of Antennas, includingSatellite Dishes, which can be obtained from yourcouncil. Remember, if you are a leaseholder, you mayneed to obtain permission from the landlord.

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Section IFlats and maisonettes

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5. How to apply for planningpermissionYour first steps

If you think you might need to apply for planningpermission:

• Contact the planning department of your council.Tell the planning staff what you want to do and askfor their advice.

• If they think you need to apply for planningpermission, ask them for an application form.Theywill tell you how to make your application, whetherin paper or electronic form, and how much theapplication fee will be. Ask if they foresee anydifficulties which could be overcome by amendingyour proposal. It can save time or trouble later ifthe proposals you want to carry out also reflectwhat the council would like to see.

• Decide what type of application you need to make.In most cases this will be a full application. Butthere are a few circumstances when you may want

to make an outline application – for example, if youwant to see what the council thinks of the buildingwork you intend to carry out before you go to thetrouble of making detailed drawings (but you will stillneed to submit details at a later stage).

Occasionally, for planning reasons, the council may insist on a full application even if you would prefer to make an outline application.

• Send the completed application forms to yourcouncil, together with the correct fee. Each formmust be accompanied by a plan of the site and acopy of the drawings showing the work youpropose to carry out. (The council will advise youwhat plans and drawings are needed, but there is auseful checklist in “By Design” – see the last page ofthis Guide.)

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What the council will doPlanning staff at the council should acknowledge yourapplication within a few days.They will place it on thePlanning Register so that it can be inspected by anyinterested member of the public.They will also eithernotify your neighbours or put up a notice on or nearthe site. In certain cases, applications are alsoadvertised in a local newspaper.The council may alsoconsult other organisations, such as the highwayauthority or the parish council.The planningdepartment may prepare a report for the planningcommittee, which is made up of elected councillors.Or the council may give a senior officer in theplanning department the responsibility for decidingyour application on its behalf.

You are generally entitled to see and have a copy ofany report submitted to a local governmentcommittee.You are also entitled to see certainbackground papers used in the preparation ofreports.The background papers will generally includethe comments – perhaps in summary form – ofconsultees, objectors and supporters which arerelevant to the determination of your application.

Such material should normally be made available atleast five working days before the committee meeting.

Planning considerationsThe councillors or council officers who decide yourapplication must consider whether there are anygood planning reasons for refusing planningpermission or for granting permission subject toconditions.The council cannot reject a proposalsimply because many people oppose it.It will look at whether your proposal is consistentwith the development plan for the area.The kinds ofplanning issue it can also consider include potentialtraffic problems, the effect on amenity, and the impactthe proposal may have on the appearance of thesurrounding area. By contrast, moral issues, or theeffect the development might have on nearbyproperty prices, would be matters not relevant toplanning. Only very rarely would planners be able totake account of an applicant’s personal circumstances.

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You are entitled to inspect the development plan:enquire at the planning department.There may alsobe associated design guidance for the area where youlive.

How long will the council take?The council should decide your application withineight weeks. If it cannot do so, it will usually seek yourwritten consent to extend the period. If it has notdone so, you can appeal to the First Secretary ofState. But appeals can take several months to decideand it may be quicker to reach agreement with thecouncil.

What can I do if planning permission isrefused or conditions are imposed onthe permission or if the council does notissue a decision?The council must give reasons for its decisions.

If you are unhappy or unclear about the reasons forrefusal or the conditions imposed, talk to staff at theplanning department.

Ask them if changing your plans might make a difference.If your application has been refused, you may be ableto submit another application with modified plansfree of charge within 12 months of the decision onyour first application.

Alternatively, you may wish to consider appealing tothe Secretary of State.

AppealsIf you think the council’s decision is unreasonable, youcan appeal to the Secretary of State. Appeals must bemade within six months of the date of the council’snotice of decision.You can also appeal if the councildoes not issue a decision within eight weeks.Two freebooklets ‘Making your planning appeal’ and ‘Guide totaking part in planning appeals’ are available from thePlanning Inspectorate, Customer Services, Room 3/01Kite Wing,Temple Quay House, 2 The Square,Temple Quay, Bristol BS1 6PN.

Appeals are intended as a last resort and they cantake several months to decide. It is often quicker todiscuss with the council whether changes to yourproposal would make it more acceptable.

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Contact the planningdepartment of yourcouncil for advice

Requestapplication formand decide onapplication type

Submit applicationwith correct fee

Councilvalidatesapplication

OutlineApplication(submit “reservedmatters” later)

Full Application

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Council publicisesand consults onapplication

Applicationconsidered byPlanning Officer orPlanning Committee

Right of appeal toSecretary of State

Permission refused

Permission granted

Change proposaland submit newapplication

Permission refused

Application notdecided within 8 weeks

Permission grantedwith conditions

Start work withintime limit, andcomply withconditions

Permission granted

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6. Other kinds of approvalWhether or not you need to apply for planningpermission for your work, there are some otherkinds of approval you may need. Most are given bythe council which will be able to let you havefurther information.

Listed building consentYou 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) orextend a listed building in a manner which wouldaffect its character as a building of specialarchitectural or historic interest.

You may also need listed building consent for anyworks to buildings within the grounds of a listedbuilding. Sometimes, planning permission and listedbuilding consent will both be required. Check theposition carefully with the council – it is a criminaloffence to carry out work which needs listed buildingconsent without obtaining it beforehand.

Conservation area consentIf you live in a conservation area, you will needconservation area consent to do the following.

• Demolish a building with a volume of more than115 cubic metres.There are a few exceptions –you can get further information from your council.

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

TreesMany trees are protected by tree preservationorders which means that, in general, you need thecouncil’s consent to prune or fell them. In addition,there are controls over many other trees inconservation areas. Ask the council for a copy of theDepartment’s free leaflet Protected Trees: a guide totree preservation procedures.

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Building regulationsNew building work will often need to comply withthe Building Regulations. These prescribe minimumstandards for health and safety.The Regulations alsoapply to certain changes of use of existing buildings.You also need approval from the council if the workyou want to do involves building over a sewer or adrain.The Building Control Department of yourcouncil will be able to tell you whether you needBuilding Regulations approval and how to apply.

A free explanatory booklet, Building Regulations, aleaflet on the Party Wall Act and other guidanceshould be available from your council.

Rights of wayIf your proposed development would obstruct apublic path, you should discuss the proposals with thecouncil at an early stage.The granting of planningpermission will not give you the right to interferewith, obstruct or move the path. A path cannot legallybe diverted or closed unless the council has made anorder to divert or close it to allow the developmentto go ahead.

The order must be advertised and anyone mayobject.You must not obstruct the path until anyobjections have been considered and the order hasbeen confirmed.You should bear in mind thatconfirmation is not automatic; for example, analternative line for the path may be proposed.Planning permission for a new gate or drive wouldnot itself grant you any right of way on land outsideyour own.

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AdvertisingYou will need to apply to your local council foradvertisement consent to display an advertisementbigger than 0.3 square metres on the front of, oroutside, your property. A sign no larger than 0.3metres, if it is for identification, direction or warning,such as your house name or number or ‘Beware ofthe dog’, would not require this consent.Temporarynotices of up to 0.6 square metres relating to localevents, such as fêtes and concerts, may be displayedfor a short period without having to apply to thecouncil.There are different rules for estate agents’boards, but, in general, these should not be biggerthan 0.5 square metres.You can get advice from theplanning department of your council; ask it for a copyof the Department’s free booklet, Outdooradvertisements and signs:A Guide for Advertisers.

WildlifeYou may need to consider the effects on wildlife ofany works you wish to carry out. Animals, plants andhabitats may be protected under their own legislation(for example, badgers), under the Wildlife andCountryside Act (for example, bats, which sometimesroost in houses), or under European legislation (EUprotected species, such as the Great Crested Newt).English Nature can provide advice on what species are protected by legislation, and what course of action should be taken.The council should also be able to advise. Even when yourdevelopment proposal benefits from permitted development rights, the legal protections for wildlife still apply.

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Other useful free publications obtainable from Communities and LocalGovernment Free Literature.

Building Regulations – Explanatory booklet

Creating Better Places to Live – A Guide to thePlanning System in England

Planning Permission – A Guide for Business

Outdoor Advertisements and Signs – A Guide for Advertisers

Over the Garden Hedge

The Party Wall Etc Act 1996: explanatory booklet

The Planning System: General Principles

Protected Trees – A Guide to Tree Preservation Procedures

The right hedge for you

If you would like copies of these booklets (or furthercopies of this one), please contact Free Literature,PO Box No 236,Wetherby LS23 7NB

Tel: 0870 1226 236Fax: 0870 1226 237Text phone: 0870 1207405E-mail: communities@twoten.com

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These more detailed publicationsmay be helpful to some readers:“By Design” (DETR/CABE) provides practicalguidance on how communities can achieve betterdesign within the planning and development controlsystem.This publication can be purchased fromThomas Telford Publishing, telephone 020 7665 2464.

Planning Policy Guidance Note 15 “Planning and theHistoric Environment” (DoE/DNH).

“Lighting in the Countryside:Towards goodpractice” (DoE/Countryside Commission) containsadvice on external lighting – including security lights –which is relevant in towns too.

“Better Places to Live” (DTLR/CABE) gives guidanceon the design and layout of residential environments.It can be purchased from Thomas Telford Publishing,telephone 020 7665 2464.

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All these publications are accessible through the planning pages of the website, www.communities.gov.uk.

Why not check out www.planningportal.gov.uk for more useful advice on planning topics.

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IndexAccess to classified roads 8, 18Advertisement consents 32Aerials 19Animals, accommodation for 14Appeals 27Article 4 directions 9, 20

Bats 32Bay Windows 20Bed-sits 7Business activities 7, 15, 18

Caravans 7Car parking 18Central heating oil tanks 15Cladding 21Conservation areas 8, 9, 11, 12, 15, 17, 21,

22, 30

Decking 18Decoration 20Demolition 22, 30

Dormer windows 12,13Driveways 18

Extensions 10, 12

Fences 8, 17, 21, 30Fish ponds 14Flats 2, 7, 24Fuel tanks 15

Garages 11, 14, 22, 24Garden buildings 14Gates 17, 21, 30, 31Greenhouses 14Ground level 11, 15, 16

Hard standings 18, 24Hedges 17

Internal alterations 7, 20, 30

Lawful developmentcertificate 7Letting rooms to lodgers 7

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Listed buildings 8, 15, 17, 19, 21, 22, 30Lofts, loft conversions 12, 13LPG tanks 15

Maintenance 20Maisonettes 2, 7, 24

Office, using your home as an 7Oil storage tanks 15

Painting 20Parking 7, 18Paths 18, 31Patios 18, 24Pebble-dashing 21Pets 14Ponds and Pools 14Porches 16

Radio aerials 19Repairs 20, 21Re-roofing 20Rights of way 31Roof extensions 12, 13

Roof lights 12, 20

Satellite dishes 19, 24Sauna cabins 14Security lights 5Sheds 14, 22, 24Skylights 12, 20Solar panels 12, 20Stone-cladding 21Summer house 14Swimming pools 14

Television aerials 19Tennis courts 14Trees 30

Walls 17, 21, 30Wildlife 32Windows 5, 12, 20Workshops 7Working at home 7

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Published by the Department for Communities and Local Government.© Crown copyright 2003. Reprinted in the UK February 2008 on paper comprising80% post consumer waste and 20% ECF pulp.Product code 01PD1147

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