Common planning issues

Before making a planning application there a number of issues which might affect a potential site. These are called ‘constraints’ and need to be taken into account.

General planning constraints

Flood risk

Flooding from rivers and coastal waters is a natural process that plays an important role in planning decisions. Flooding can cause substantial damage to property and threaten human life. Flooding can’t be prevented entirely, but the impact that a development might have on these designated areas can be minimised.

Relevance to planning application process:

Local Planning Authorities consult the Environment Agency on any development proposals that are at risk from flooding. Therefore, all applications are geographically analysed to see if they lie within a flood risk area. The Environment Agency provides technical advice on how best to avoid adverse impacts.

Contaminated land

Substances that may pose immediate or long-term hazards to the environment, or to health, or which may damage any buildings on such sites, can contaminate land, particularly where such land has formerly been used for commercial, industrial or waste disposal purposes. Contaminants may also escape from the site to cause air and water pollution and pollution of nearby land; the emission of landfill gas fir example may be particularly hazardous.

Relevance to planning application process:

If submitting an application on land known to have, or strongly suspected to have, a previous use that could potentially contaminate the land, a Contaminated Land Officer will assess the application and site and, if necessary, the applicant/developer will need to commission an investigation of the potential hazards. The applicant/developer must propose remedial action before determination of the application to the planning authority. Any planning permission granted may include planning conditions requiring the carrying out of certain actions prior to commencement of the development.

Tree Preservation Orders (TPO)

A Tree Preservation Order is a legally enforceable order, made under the Planning Legislation by the Local Planning Authority. It protects designated trees, groups of trees or woodlands where their damage or removal would have a significantly detrimental impact on the landscape.

Relevance to planning application process:

An Arboriculturist (Tree Officer) will view any development deemed to affect a TPO and will consider the risk implications to the protected tree(s) and advise the applicant/developer of any relevant measures required to safeguard the well-being of the tree(s). A TPO will not prevent the granting of planning permission.

Conservation areas

Councils have a duty to consider whether certain parts of their district are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance and to designate these as Conservation Areas.

Relevance to planning application process:

They promote high standards of design within Conservation Areas. They are particularly concerned about new developments within Conservation Areas. They pay careful attention to design to ensure that any new developments complement the existing character of the area and does not detract from it.

Conservation Areas have added protection against poor or inappropriate development and certain works (including demolition) may require Conservation Area consent.

An Area of Outstanding Natural Beauty

An Area of Outstanding Natural Beauty (AONB) is exactly what it says; it is a precious landscape whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them. Care is entrusted to Local Authorities, organisations, community groups and individuals who live and work within them, or who value them. Designation of AONBs is because of their high qualities.

Relevance to planning application process:

Any Area of Outstanding Natural Beauty leaves a council with a duty to protect and enhance the special character of the area through the promotion of appropriate siting, design, materials and landscaping measures, which help to minimise the impact on this protected environment. They permit development proposals on sites within, or immediately adjacent to, already established settlements. To allow major developments elsewhere in the AONB, exceptional, justified circumstances, need proving.

Article 4 directions

Planning legislation allows certain minor developments (small extensions and alterations, improvements and repairs) without the need for planning permission. Such works are permitted development rights. Article 4 Directions can reduce or remove permitted development rights in areas where it is felt the character and appearance need preserving.

Relevance to planning application process:

In introducing an Article 4 Direction to an area, certain works previously allowed by permitted development rights will now require a planning application. The intention of an Article 4 Direction is not to prevent all change, but to ensure that any significant changes are subject to planning control. No fee is generally payable for planning applications required solely because of an Article 4 Direction.

Permitted development rights can be removed for certain works which affect the 'frontages' of properties the Conservation Area.

Article 3 directions

Article 3 Directions limit permitted development rights for most forms of development where an Environmental Impact Assessment (EIA) is required.

Relevance to planning application process:

Article 3 Directions tend to cover sensitive areas, such as National Parks, Areas of Outstanding Natural Beauty and Conservation Areas. Normal permitted development rights in these areas reduce any developments over a specified size and these will require a planning application. Through the planning application process, councils assess the development for its potential impact on the environment. No fee is generally payable for planning applications required solely because of an Article 3 Direction.

Listed buildings

A listed building is a building, object, or structure considered to be of special architectural or historic interest and included in a statutory list compiled by the Secretary of State for Culture, Media and Sport (DCMS) under the Planning (Listed Buildings and Conservation Areas) Act 1990. By virtue of the Act, any object or structure fixed to the building and any object or structure within the curtilage of the building, which although not fixed to the building, forms part of the land, and has done so since before 1 July 1948, is part of the listed building.

Relevance to planning application process:

Demolishing or carrying out any alterations or extensions, or to attach any signs and lighting which affect the character of a listed building requires listed building consent. This is in addition to any other consents required, such as planning permission, advertisement consent, or building regulation approval.

It is a criminal offence to carry out works to a listed building, knowingly, or unknowingly, without prior listed building consent. To do this could lead to a substantial fine or imprisonment.

If you found this article useful please check out the other articles on my blog and if you need any assistance with a planning application, etc, please get in touch.

Any feedback is always welcome.