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The following provides information and guidance about when you will need to apply for planning permission or consent to undertake proposed development. The type of permission and/or consent that you may need to apply for is dependent on the type of development that you propose to undertake.
Depending on the type of development proposed, you will also find design and other guidance to best practice to help you in formulating your proposal. Before submitting your application you are always advised to contact us to discuss the likelihood of acceptability of your proposal as negotiations beforehand could save time and money later.
What is planning permission?
By far the majority of applications we deal with are for planning permission. Planning permission is required for new development and changes of use to existing development. It also includes some forms of demolition. Planning permission gives you approval to undertake proposed development as described in your application. It does not, however, override the need to obtain any other consent that may be necessary for your development to go ahead, nor does it imply that such consents will necessarily be forthcoming.
Internal alterations that do not materially affect the external appearance of your house and do not involve a change of use will not normally require planning permission.
However, the laws that govern when you need to apply for planning permission can be very complex and as such you are always advised to contact us prior to undertaking development to check whether planning permission is needed. If you are at all unsure about whether you need to apply for planning permission please contact us.
The Council tries to ensure that in dealing with applications for planning permission, local plan policies are implemented and the views of local communities are heard. Consultations are an important part of the planning application process. The Council notifies neighbouring occupiers of land that is the subject of a planning application on almost all applications and larger development proposals are advertised by site notice and in the Northern Echo every Thursday.
Householder applications
The following page provides guidance as to when you will need to apply for planning permission for different types of work you may wish to undertake to your house. It is not intended to be a complete or authoritative interpretation of the planning regulations and as such you should always seek advice prior to undertaking works to your house.
As a basis, many alterations to your house including extensions, external alterations to a roof, porches, construction of detached buildings, satellite dishes, new fences and walls, construction of driveways, and changes of use may require planning permission. For advice on each of these types of work click on the relevant link to the left of this page.
You do not normally need to apply for planning permission for general maintenance work including decoration and repair. Furthermore, internal alterations that do not materially affect the external appearance of your house and do not involve a change of use will not normally require planning permission.
However, the laws that govern when you need to apply for planning permission can be very complex and as such you are always advised to contact us prior to undertaking works to your house to check whether planning permission is needed. If you are at all unsure about whether you need to apply for planning permission please contact us.
It is not always possible to tell you over the phone if planning permission is not required. You are therefore advised to fill-in one of our Householder Enquiry forms from which we can tell you free of charge whether you need to apply for planning permission for the works you are proposing. Householder enquiry forms can be downloaded from this site or obtained from Development Control
Advice and Forms and Checklist
Forms and Advice can be found on the following page - this links through to downloadable forms and advice:
To see a checklist on what will be needed to make a planning application please see our checklist document via the following downloadable page:
Timescales
Central government has set a target time for dealing with all planning applications of 80% of applications determined within eight weeks. We currently deal with over 700 householder applications a year. Our latest figures show that we are currently determining 82% of householder applications within eight weeks. Of the 1,500 applications we receive on average each year, approx. 90% are granted approval.
Permitted Development Rights
You sometimes have the right to undertake works to your house without the need to first obtain planning permission. These rights are contained within The Town and Country Planning (General Permitted Development) Order 1995 and are called 'permitted development rights'.
However, you should be careful when interpreting your permitted development rights because these rights are restricted in some areas and for certain houses. Typically, permitted development rights are restricted in Conservation Areas, areas subject to an Article 4 Direction and through conditions of a former planning permission. Furthermore, permitted development rights do not apply to flats or maisonettes. This means that you will have to apply for planning permission to undertake certain types of works to your house, which may not be needed in other areas.
You may already be aware of any such restrictions on your house but if you are at all uncertain contact us and we will be able to tell you if your property is subject to any of the above restrictions.
For information on the following types of extension/alteration please follow these links on the Planning Portal but remember always check with the planning department first before commencing works on the householder enquiry form.
- Buildings and structures
- Adverts and signs
- Fences, walls and gates
- Fuel storage tanks
- Patios and driveways
- Porches
- Sat/TV/Radio aerials
- Sheds and greenhouses
- Flats and maisonettes
Material Considerations
In determining all planning applications the Council is required by law to have regard to the Development Plan and other material considerations.
For more information please visit page detailing all constraints. Constraints & Considerations.
Design and Access Statements
From the 10th August 2006 design and access statements will be required for all planning applications except householder applications outside the conservation areas and change of use applications. Many developers are already familiar with producing such statements and this new requirement can be seen as an extension of what is current best practice. The statements will explain how high quality design and issues such as disabled access have been addressed in the proposal and help the City Council ensure new developments are of a high quality. This will give local communities a greater understanding of what is proposed, and therefore a greater opportunity to contribute to the planning process.
A best practice guide to the preparation of a design and access statement can be found on the Cabe website at http://www.cabe.org.uk or a copy can be inspected at the planning department.
Details of the Statutory Instruments can be found on the Office of Public Sector Information website at http://www.opsi.gov.uk.
Be Sure!
Before you undertake works to your house be sure that you do not need to apply for planning permission first. If you build something that needs planning permission without first obtaining permission, it may result in problems for you later. Expensive alterations may need to be carried out in order to put things right and in certain cases you may even be forced to remove an unauthorised building.
Other Approvals
Regardless of whether or not planning permission is needed for your work, there may be other kinds of consent that you need to obtain from the Council before you are allowed to start work. These are covered in the section 'Other kinds of approval' and include Listed Building Consent, Conservation Area Consent, Advertisement Consent, Trees and Building Regulations Approval.
The granting of planning permission does not remove the need to obtain any other consents that may be necessary, nor does it imply that such consents will necessarily be forthcoming. It does not override any restrictions contained in the deeds to your property or the rights of neighbours. You are therefore advised to check what other restrictions there are and what other approvals may be needed before starting work.
What happens to your application?
The processing of your application will involve the following stages:
- A check to ensure forms are properly completed, plans included, the owner and/or leaseholder of the property (if not yourself) notified, if required, and the correct fee paid;
- advertisements placed in newspapers or notices put up in appropriate places, if necessary (sometimes, this is your responsibility);
- consultations. In general these cover: (i) clearing technical aspects with public bodies and supply services; (ii) informing those people who might be affected by the application; They all have the right to ask the local authority for more information and raise objections;
- consideration of your application against existing Council policies and any past history of decisions on that site or similar applications.
- more technical checks that the application meets the Council's standards for such things as parking, day lighting and visibility near road junctions;
- a visit to the site by a planning officer who will also contact you if more information or amendments are necessary;
- the case - as it has now become - will either go to a Development Control Committee made up of Councillors, or will be considered under delegated powers by the case officer.
In applications where there have been objections but the application is not deemed significant enough for committee the development control chair person and vice chair will view the application and make a decision as to whether to approve or refuse the application. Shortly after the committee, chair person or officer's decision you will receive a 'decision notice'.
Your rights during this process:
You should feel free to contact the planning officer handling your case to discuss its progress and to give any information supporting your case. Your local councillor may also be able to help.
It is not advisable to commence work on your proposal until you receive the decision notice.
How long will it take?
Local planning authorities are required to deal with an application within the prescribed time period of eight weeks from the date of submission. The process could be delayed beyond the target period by, for example, an incomplete application, requests to you for amendments or the need to fit into the cycle of committee meetings. If the application is complicated, you may wish to seek further professional advice.
The Decision
Your application may be approved subject to certain conditions. For instance, the local authority may wish to limit hours of working or insist that materials to be used match the existing ones. The planning authority is empowered to pursue enforcement proceedings against you should you fail to do so. You may appeal, but this opens the entire planning permission to review by the Secretary of State.
If permission is refused, the decision notice will list the reasons. You have the right to appeal to the Secretary of State*, but you have to do that within six months. Appeals can be dealt with either by written representations or by a public inquiry. In certain cases the Planning Inspectorate will offer a 'Hearing', a less formal type of inquiry. Written representations involve, the submission to the Inspectorate of a statement of the 'planning history' of the site, its location and general description; the intended work and/or development, how it meets the relevant statutory requirements, and why the appellant(s) consider the objections invalid. Arguments supporting objections are submitted by the Council. Do not hesitate to ask the planning officer for advice on the appeal procedures.
A high standard of service
The planning system is operated by local authorities under the general supervision of the Secretary of State and the Planning Inspectorate. Planning decisions are the subject of considerable scrutiny by government, and policy guidelines are frequently issued to local authorities.
Please contact the case officer or member of the council initially to discuss your concerns. If you remain dissatisfied with any aspect of the service you have received you may make a formal complaint using the Council's complaints procedure.
The commission for Local Administration (The Local Ombudsman) can investigate complaints of maladministration by a local authority. A complaint against the Secretary of State can be put through an MP to the Parliamentary Ombudsman.
Learn more about the complaints procedure .
You might also wish to visit our Enforcemnt page or our Appeals page for additional information on Enfocements and Appeals - please follow the links below:
Other pages you may find useful
Contact Details
For further information or specific help with information on this page, please contact us:
City of Durham Planning Department
Telephone: 0191 386 6111
E-Mail: devcontrol@durhamcity.gov.uk
In an emergency, outside of office hours, please call 0191 386 6111