What needs Planning Permission?

What needs planning permission?

The simple answer is, most things that involve either contruction work or changing the main use of a building or piece of land.

There are some allowances called 'permitted development', which can be used up before you are required to submit a formal planning application. The Town and Country Planning General Permitted Development Order 1995 grants planning permission for certain types of development without the need for a formal application.  In some exceptional cases, these allowances are removed to protect an area's character or amenity: it is always best to check with us before proceeding.

Below is a list of commonly undertaken works with a brief summary, which may or may not require planning permission.

New Buildings

As a general guideline, if there is not already a building on a piece of land then planning permission is likely to be required to erect any new building on the site.

Change of Use

Changing the use of a building or a piece of land may well need permission, eg. converting a barn to a house or turning a piece of farmland into a garden. If you have a large house and intend to sub-divide it into flats, you will also need to apply for planning permission.

Demolition

There are procedures to control the demolition of a house or any building. You should always check with the Development Control Team before you demolish a building.

There are also additional controls over demolition in conservation areas and for listed buildings.

Other Building Works

Planning permission may also be required for other types of building work such as structural alterations to a building. If you are thinking of any which would be carried out by a builder you should enquire whether planning permission and approval under building regulations are required.

Access to a Road

You will need planning permission to form an access to a Trunk or Classified Road.

Business Premises

Most work on land or buildings of business requires planning permission. Advertising signs may sometimes need advertising consent. You should always check whether your external advertisement signs require such consent.

Business Use in Residential Property

If you are proposing to run a business from home or if you wish to use for business purposes one or more rooms in your house, garage, outbuilding or the grounds surrounding your home, you should first discuss your proposals with a Planning Officer.

Re-Building

Re-building of a demolished or partly demolished building will require planningpermission. For example to re-build a barn.

Land Raising Operations

Raising land by tipping operations, excavating material from land or altering ground levels is likely to require planning permission. You should always check whether planning permission is required before you undertake such operations.

Further information can also be obtained from the Communities and Local Government Web Site (external link).

This can be a complex issue and the Development Control Service will provide advice over the telephone or you may be asked to write in and provide sketch details of what you propose to do, alternatively, we will be happy to arrange an informal meeting.  In the first instance please call (01244) 324324 and ask for the Development Control duty officer.

Please remember that your building work or change of use will also usually need Building Regulations approval. Information about this is set out in the Building Consultancy service area of the website.

When you will need to apply for planning permission?

There are several types of development, which require formal planning permission. Examples include:

1. most proposed new buildings,
2. extensions or alterations to existing buildings,
3. changes in the use of land or buildings (e.g. converting a large house into flats or a farm building into a dwelling) and
4. engineering or other operations on land.

For the purpose of this page, please find some additional guidance for 'Householders' on what they need to know about the planning system.

Domestic development

A householder planning application will often need to be submitted for domestic works such as extensions, conservatories, vehicular accesses and boundary fencing.   As stated above, the legislation is quite complex and it is not always a simple matter to decide whether you do, in fact, need formal planning permission.

General points, which have to be considered by householders, include:

1. any previous work undertaken at the property;
2. size i.e. the exact dimensions of the proposed extension;
3. position of any other existing outbuildings or garage;
4. the type of property, regulations can differ for terraced, semi-detached or detached properties;
5. if the work encroaches on to your neighbour's land;
6. that "permitted development" rights (as defined below) have not been withdrawn on the individual property.

It would also be necessary to consider the specific points of 'Planning Policies' and 'Listed Buildings'. In certain parts of the District, more detailed planning policies might apply.  For example, the property may be located in a Conservation Area or the Council might have placed an Article 4 direction which imposes stricter planning controls on development for particular classes of development within a designated area.  If the property is a Listed Building, you will need to make an additional application for Listed Building Consent for any alterations, which affect the architectural or historic character of the property, this applies to the whole building, internally and externally.

Permitted Development

There are several categories of development, e.g. small extensions to dwellings, for which formal planning permission may not be required provided that certain criteria are met.  These examples are called "permitted development" and are permissions automatically granted on a national basis by legislation.  "Permitted development" rights are very complicated, and it is always advisable to check with Development Control officers before starting work on a property.  In the case of flats, "permitted development" rights do not apply.

Other types of permission you may need

Special rules and additional types of permission/consent may also needed if you are planning :

• Internal and/or external work on a listed building.
• Work within a conservation area including the demolition of a building
• Work on a protected tree or trees within a conservation area
• Display of advertisements

Always check before commencing a project

There are publications that can explain the basic criteria for establishing whether your proposal will require formal planning permission or any other type of consent. All available publications are listed on the Planning Publications web page, together with how to obtain a copy. However, please note that two of the guides produced by Communities and Local Government: Planning - A Guide for Householders (external link) and Planning Permission- A Guide for Business (external link) are accessible to read on their web site.

It is always advisable to check and receive written confirmation from the Development Control service whether your proposal will be "permitted development", or requires a formal application, BEFORE YOU COMMENCE A PROJECT.

Contact Details

Planning - Development Control

Email - planning@chester.gov.uk

Opening hours - 8.30am - 4.45pm

Phone number - 01244 402404

Fax - 01244 320946

Address - Development Control, Development Directorate, Chester City Council, The Forum, Chester, CH1 2HS