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Common Planning Issues

On October 24, 2016

Common Planning Issues

When applying for planning permission there are factors called planning constraints which have to be taken into consideration.

Here is a guide to some of the most common planning constraints for property developers.

Conservation Areas                                                                                                                                                                              Any applications for development within a conservation area will consider what impact the development will have on the historic character and appearance of the area. Conservation Areas promote high standards of design to protect against poor or inappropriate development. Certain works (including demolition) may also require Conservation Area consent.

Listed Buildings                                                                                                                                                                   A listed building is a building considered to be of special architectural or historic interest. Any proposals to alter or extend a listed building must have listed building consent as well as planning permission. It is a criminal offence to carry out works to a listed building without prior listed building consent.

Tree Preservation Orders (TPO’s)                                                                                                                                     Trees which contribute to the character of an area and trees in Conservation Areas are protected by a Tree Preservation Order. No work can be done on these trees without applying for consent.

Green Belt                                                                                                                                                                                          If an application falls within a Green Belt area there will need to be an assessment of the impact the proposal will have on the area.

Flood Risk                                                                                                                                                                                Local Planning Authorities have to consult the Environment Agency on any development proposals that are at risk from flooding. When developing a property in an area at risk from flooding, a Flood Risk Assessment should be completed with the planning application.

Contaminated Land                                                                                                                                                Contaminated land is land that has been used for any commercial, industrial or waste disposal purposes that could be contaminated by substances which may cause immediate or long-term hazards to the environment or to health. This land may require large scale cleaning and an assessment of the potential hazards should be completed with the planning application.

Article 4 Directions and Article 3 Directions                                                                                                        Certain minor developments such as small extensions, improvements and repairs can be carried out without planning permission. However if the character of an area needs to be preserved Article 4 Directions can reduce or remove these permitted development rights and planning permission is required. Similarly, Article 3 Directions limits permitted development rights in areas such as National Parks, Areas of Outstanding Natural Beauty and Conservation Areas. Therefore, most developments in these areas will require a planning permission.

 Peter Robinson & Co. can help you with any property related problems. We have extensive contacts with Property Advisors and our highly professional qualified staff can help with planning issues.

Call Peter Robinson & Co. for more information on 0161 678 7996.

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