Planning Constraints
Before making a planning application you need to take into consideration the following constraints which may affect the site which you are applying for planning permission on;
Development and Flood Risk
The susceptibility of land to flooding is a material planning consideration. This means that when we are dealing with planning applications we must take account of this when formulating a decision as to whether to grant or refuse planning permission. We must follow National Planning Guidance contained in PPS 25: ‘Development and Flood Risk’.
The Department of Communities and Local Government website contains useful background information on flooding issues. Planning Policy Statement (PPS) 25 was issued by the Government in December 2006 and is accompanied by a Practice Guide Companion, published on 19 February 2007, which offers guidance and good practice case studies on how to implement PPS 25.
The Council must also take advice from the lead authority on flooding matters, The Environment Agency, whom we consult on all planning applications where there may be flooding and/or surface water drainage issues. The Environment Agency provides technical advice to Local Planning Authorities and developers on how best to avoid, manage and reduce the adverse impacts of flooding.
For further information on flood risk issues and / or to view related policy documents please refer to;
Contaminated Land
Contaminated Land is dealt with by the Environmental Health and Housing Section at Derbyshire Dales. For information on Contaminated Land please use this link: Contaminated Land Home Page.
The approval of an application for the redevelopment of a contaminated site will only be granted planning permission if the contamination is cleaned up to a standard that makes it suitable for the new use of the land.
The Derbyshire Contaminated Land Working Group has produced a Guide for Developers to help understand the issues involved in re-developing potentially contaminated land. A copy of the Guide can be downloaded by using this link: Contaminated Land: A Guide for Developers.
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Tree Preservation Orders (TPOs)
Trees may be protected in two ways. Trees that fall within Conservation Areas and trees that are the subject of a Tree Preservation Order (TPO). In either case you must seek the consent of Derbyshire Dales District Council before undertaking any works to protected trees.
There are legal requirements that must be met before carrying out works to trees within a Conservation Area or trees that are protected by a Tree Preservation Order (TPO). It can be the case that a tree is both protected by a TPO and also within a Conservation Area. In this case, you should only apply for consent to undertake works to a tree protected by a TPO.
For more information on protected trees please use this link: Trees and Hedgerows
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For further information relating to Protected Trees please use the following links:
Conservation Areas
A Conservation Area is 'an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. Following concerns that the special qualities of areas were being lost by post-war development, the 1967 Civic Amenities Act introduced the concept of a 'Conservation Area'. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 gives local authorities the power to designate a Conservation Area within their local planning area.
Conservation area designation introduces some extra controls to protect the special qualities of the area. This means that planning permission may be required for certain work, that outside of a Conservation Area would normally be classed as 'permitted development'. Once an area is designated a Conservation Area, the Council has a duty to advertise proposals that may affect it, by site notice and in the local press, so that public opinion can be obtained. Applications for 'outline' planning permission may often not be appropriate as full information as to the impact of a proposal may be required in order to properly assess the scheme.
For further information on Conservation Areas please visit the Conservation Area Home Page.
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Article 3 and 4 Directions - Permitted Development Rights
Permitted development rights enable an owner to carry out certain works to land or property without needing to apply for planning permission. Permitted development rights exist only for single dwellinghouses, and not for flats or maisonettes.
For more information about permitted development rights please use this link: Permitted Development Rights
When are permitted development rights removed?
Permitted development rights are generally removed in one of two ways:
Either by the issuing of a condition on a development to restrict further extensions or alterations. This is known as an Article 3 Direction, and may often be found on post 1960's housing developments and sometimes on properties that may have been previously extended. Another example might be where a house has an attached or integral garage. The use of the garage may be limited. To check on such conditions you are advised to check the planning history of your property by contacting the Planning Services Section.
The Local Planning Authority can introduce Article 4 Directions where it considers that the importance of the area warrants even more stringent controls. This type of Direction introduces further controls which can apply to a wide variety of issues, such as control over replacement windows and doors, the introduction of porches, the building of walls, retention of architectural detail and painting to name a few.
In Derbyshire Dales District, Article 4 Directions are in force on a number of properties within the Wirksworth Conservation Area and the Matlock Bridge Conservation Area. There is also an Article 4 direction affecting properties in Matlock Bath, predominantly along North and South Parade and on one property within the Osmaston Conservation Area.
If you wish to find out whether an Article 4 Direction covers your property, please contact the Councils Design and Conservation Planning Section on 01629 761250 or planning@derbyshiredales.gov.uk
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To view more information on Article 4 Directions please refer to our Article 4 Webpage.
Listed Buildings
The list of buildings of special architectural or historic interest is a Register, compiled by the Department of Culture, Media and Sport (DCMS) who record the best of British buildings. It comprises a wide variety of structures from castles and cathedrals to milestones and village pumps. Not all structures are what we may consider to be 'beautiful' as some are included purely for their historical value. This heritage 'Register' covers the entire country.
Applying for Listed Building Consent
An application for Listed Building Consent will be required for any alterations to a listed building. As all listed buildings are different, decisions on whether works require Listed Building Consent are taken on a case-by-case basis. In general, however, such works as replacing doors and windows, re-roofing, new chimney pots, new rainwater goods, wholesale re-pointing, rendering or re-rendering, painting of render, stone, brickwork and external joinery, internal structural works including removal of walls and partitions, formation of new doorways, blocking (or un-blocking) of doors/windows, any works to staircases, fireplaces, chimneybreasts or other structural/decorative elements of the interior will require listed building consent. This short list is not definitive in any way and listed building owners should always make inquiries with the Local Planning Authority as to what works may require Consent.
In addition, any proposals to form an extension, or any other work that physically abuts or attaches itself to the listed building, would also require Listed Building Consent, and may require planning permission. It is a criminal offence to undertake works to a listed building without obtaining Listed Building Consent prior to works taking place.
An application for Listed Building Consent can take up to 8 weeks to determine (12 weeks for grade I and II* listed buildings). Applications should contain full information (drawings, photographs, research etc) to enable the Local Planning Authority (and consultees and members of the public) to fully understand the extent, scope and detail of the proposed works. Prior to submission of an application the Local Planning Authority is happy to discuss proposals and provide advice and information.
Listed Building Consent application forms (and guidance notes) are available from the Planning Department or are available to download by using the following link: Listed Building Consent Application Forms
All alteration works to the exterior or interior historic fabric of a listed building is dealt with under an application for Listed Building Consent. Extensions to listed buildings, and any other development that physically abuts or attaches itself to the listed building, will require Listed Building Consent and may also require an application for Planning Permission.
Planning Permission would also be required for a freestanding building or structure (such as a garage, shed, stable or other form of outbuilding) within the curtilage of a listed building as well as any proposed works to walls, fences, gates and other means of enclosure.
For more information on Listed Buildings please visit the Listed Buildings Home Page
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