PlanningA Guide for HouseholdersWhat you need to know aboutthe planning system

Thinking about alteringor improving your home?

Putting up a building in the garden?

Building an extension?

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1. Introduction 4

2. Why planning controls are needed 6

3. Before you start work 7

Your neighbours 7

Design 8

Crime prevention 9

Lighting 9

Covenants 10

Other consents 10

4. Do you need to apply for planningpermission? 11

When you will need to apply for planning permission 12

Permitted development rights 13

Your local council’s powers to withdrawpermitted development rights 14

Section A: Extending your house 18

Section B: Buildings and other structureson the land around your house 22

Section C: Adding a porch to your house 24

Section D: Putting up fences,walls and gates 25

Section E: Patios, hard standings,paths and driveways 26

Contents

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Section F: Satellite dishes, and television and radio aerials 27

Section G: Decoration, repair and maintenance 28

Section H: Demolition of buildings 30

Section I: Flats and maisonettes 32

5. How to apply for planning permission33

Your first steps 33

What the council will do 34

Planning considerations 35

How long will the council take? 36

In the event of refusal 37

Appeals 37

6. Other kinds of approval 39

Listed building consent 39

Conservation area consent 40

Trees 40

Building regulations 41

Rights of way 41

Advertising 42

Wildlife 43

Index 44

The planning system plays an important role in modern societyby helping to protect the environment in our towns and citiesand in the countryside. Planning regulations have to covermany different situations and even the provisions which affectthe average householder are quite detailed. This booklet givesa simple guide to those aspects of the planning system whichyou are most likely to encounter. However, it is not anauthoritative interpretation of the law.

The general planning principles and the procedures for makinga planning application described in this booklet apply equally toowners of houses and to freeholders or leaseholders of flatsand maisonettes. However, the rules that say when you needto apply for planning permission will differ according towhether you own a house or a flat/maisonette. The differentrules are described in Chapter 4.

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1Introduction

Parliament has given the main responsibility for planning tolocal planning authorities. If you have any queries about aparticular case, the first thing to do is to ask the planningdepartment of your local council. You may also be able to findout more about planning law in your local library.

If you are concerned about a legal problem involving planning,you may need to get professional advice or ask your localCitizens Advice Bureau.

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The purpose of the planning system is to protect amenity andthe environment in the public interest. It is not designed toprotect the interests of one person over another. Within theframework of legislation approved by Parliament, councilsshould try to ensure that development is allowed where it isneeded, while ensuring that the character and amenity of thearea are not adversely affected by new buildings or changes inthe use of existing buildings or land.

Some people think the planning system should be used toprevent any change in their local environment, while othersthink that planning controls are an unnecessary interferencewith individual rights. The present position is that major worksneed planning permission from the council but many minorworks do not. The Government thinks this is the right balance.Councils can use planning controls to protect the character andamenity of their area, while individuals have a reasonabledegree of freedom to alter their property.

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Why planning controls are needed2

There are many kinds of alterations and additions to houses forwhich you do not need to apply for planning permission.Chapter 4 of this booklet will help you decide if you need toapply. Whether or not you need to apply, you should thinkabout the following before you start work.

Let your neighbours know about work you intend to carry outto your property. They are likely to be as concerned about workwhich might affect them as you would be about changes whichmight affect your enjoyment of your own property. Forexample, your building work could take away some of theirlight or spoil a view from their windows. If the work you carryout seriously overshadows a neighbour's window and thatwindow has been there for 20 years or more, you may beaffecting his or her "right to light" and you could be open tolegal action. It is best to consult a lawyer if you think you needadvice about this.

You may be able to meet some of your neighbour's worries bymodifying your proposals. Even if you decide not to changewhat you want to do, it is usually better to have told your

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Your neighbours

Before you start work3

neighbours what you are proposing before you apply forplanning permission or before building work starts.

If you do need to make a planning application for the work youwant to carry out, the council will ask your neighbours for theirviews.

If you or any of the people you are employing to do the workneed to go on to a neighbour's property, you will, of course,need to obtain his or her consent before doing so.

Everybody's taste varies and different styles will suit differenttypes of property. Nevertheless, a well-designed building orextension is likely to be much more attractive to you and toyour neighbours. It is also likely to add more value to yourhouse when you sell it. It is therefore worth thinking carefullyabout how your property will look after the work is finished.

Extensions often look better if they use the same materials andare in a similar style to the buildings which are there already –but good design is impossible to define and there may be manyways of producing a good result. In some areas, the council's

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Design

planning department issues design guides or other advisoryleaflets which may help you.

You may feel that your home is secure against burglary and youmay already have taken some precautions such as installingsecurity locks to windows. However, alterations and additionsto your house may make you more vulnerable to crime thanyou realise. For example, an extension with a flat roof, or anew porch, could give access to upstairs windows whichpreviously did not require a lock. Similarly, a new window nextto a drainpipe could give access. Ensure that all windows aresecure. Also, your alarm may need to be extended to cover anyextra rooms or a new garage. The crime prevention officer atyour local police station can provide helpful advice on ways ofreducing the risk.

If you are planning to install external lighting for security orother purposes, you should ensure that the intensity anddirection of light does not disturb others. Many people sufferextreme disturbance due to excessive or poorly-designed lighting. Ensure that beams are NOT pointed directly atwindows of other houses. Security lights fitted with passive

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Crime Prevention

Lighting

infra-red detectors (PIRs) and/or timing devices should beadjusted so that they minimise nuisance to neighbours and areset so that they are not triggered by traffic or pedestrianspassing outside your property.

Covenants or other restrictions in the title to your property orconditions in the lease may require you to get someone else'sagreement before carrying out some kinds of work to yourproperty. This may be the case even if you do not need to applyfor planning permission. You can check this yourself or consulta lawyer.

Whether or not you need to apply for planning permission,there are other consents or approvals you may need to obtainbefore you can start work. They are described in Chapter 6.

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Covenants

Other consents

This chapter gives general guidance about the kinds of work forwhich you need to apply for planning permission and those forwhich you do not. If you are in any doubt about whether youneed to apply, you should consult the planning department ofyour council. They will usually give you advice but, if you wantto obtain a formal ruling you (or your adviser) can apply, onpayment of a fee, for a "lawful development certificate" bywriting to the council with details of the work you want to carryout.

Take Care! If you build something which needs planningpermission without obtaining permission first, you may beforced to put things right later, which could prove troublesomeand costly. You might even have to remove an unauthorisedbuilding.

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Do you need to apply for planning permission?4

The following are common examples of when you will need toapply for planning permission.

- You want to make additions or extensions to a flat ormaisonette (including those converted from houses).(Butyou do not need planning permission to carry out internalalterations or work which does not affect the externalappearance of the building.)

- You want to divide off part of your house for use as aseparate home (for example, a self-contained flat or bed-sit)or use a caravan in your garden as a home for someoneelse. (But you do not need planning permission to let oneor two of your rooms to lodgers.)

- You want to divide off part of your home for business orcommercial use (for example, a workshop) or you want tobuild a parking place for a commercial vehicle. (TheDepartment's free booklet, Planning Permission: A Guide forBusiness, available from your council, gives advice aboutworking from home and whether planning permission islikely to be required.)

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When you willneed to apply

for planningpermission

- You want to build something which goes against the termsof the original planning permission for your house – forexample, your house may have been built with a restrictionto stop people putting up fences in front gardens because itis on an "open plan" estate. Your council has a record of allplanning permissions in its area.

- The work you want to do might obstruct the view of roadusers.

- The work would involve a new or wider access to a trunk orclassified road.

The rest of this chapter gives further advice on when you willneed to apply for planning permission. If this booklet does notcover what you wish to do, you should discuss your proposalswith the planning department of your council.

You can make certain types of minor changes to your homewithout needing to apply for planning permission. These arecalled "permitted development rights" and are described in thischapter.

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Permitteddevelopment

rights

In some areas of the country permitted development rights aremore restricted. If you live in a Conservation Area, a NationalPark, or an Area of Outstanding Natural Beauty, you will needto apply for planning permission for certain types of work whichdo not need an application in other areas. There are alsodifferent requirements if your house is a listed building. Theseare described in the relevant sections of this chapter.

You should also note that the council may have removed someof your permitted development rights by issuing an Article 4direction. This will mean that you have to submit a planningapplication for work which normally does not need one. Article4 directions are made when the character of an area ofacknowledged importance would be threatened. They are mostcommon in conservation areas. You will probably know if yourproperty is affected by such a direction, but you can check withthe council if you are not sure.

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Your council'spowers towithdraw permitted

developmentrights

The sections below explain when you need to apply forplanning permission.

Section A House extensions and additions including conservatories, sun lounges, enclosing existing balconies or verandahs, loft conversions, dormer windows and roof additions (pages 18-21)

Section B Buildings and other structures on the land around your house, for example, garages, garden sheds, greenhouses and swimming pools (pages 22-23)

Section C Adding a porch to your house (page 24)

Section D Putting up fences, walls, and gates (page 25)

Section E Patios, hard standings, paths and driveways (page 26)

Section F Satellite dishes, and television and radio aerials (page 27)

Section G Decoration, repair and maintenance (pages 28-29)

Section H Demolition of buildings (pages 30-31)

Section I Flats and maisonettes (page 32)

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Section

A Loft conversions, dormer windows, roof extensions

F Aerials, satellite antennas

G Re-roofing, roof lights

Section

A Extensions, conservatories, bay windows

C Porches

G Repairs, painting, pointing, cladding, pebble-dashing, shutters, security grilles

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Section

B Garages, carports

D Gates, fences, walls, hedges

E Access, driveways, entrances, hard-standings, parking

Section

B Greenhouses, sheds, garden buildings,fuel tanks, accommodation for pets,ponds, swimming pools

D,E Tennis courts

E Patios

And also Advertising, Business activity, Bed-sits/flats/lodgers, Demolition, Internalalterations. page 17

You need to apply for planning permissionto extend or add to your house in thefollowing circumstances.

- You want to build an addition whichwould be nearer to any highway thanthe nearest part of the "original house",unless there would be at least 20metres between your house (asextended) and the highway. The term"highway" includes all public roads,footpaths, bridleways and byways.(There are special rules for porches,see Section C.)

- More than half the area of land aroundthe "original house" would be coveredby additions or other buildings.

The term "original house" means thehouse as it was first built or as it stood on1 July 1948 (if it was built before that date).Although you may not have built anextension to the house, a previous ownermay have done so.

You will also need to apply for planningpermission if the extension or additionexceeds the following limits on height andvolume.

Height limits for extensions

You will need to apply for planningpermission before building an extension toyour house if:

- the extension is higher than thehighest part of the roof of the "originalhouse"; or any part of the extension ismore than 4 metres high and is within2 metres of the boundary of your

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Section A – Extending your house

property. (Loft conversions anddormers have separate rules – seepage 21.)

You should measure the height of theproposed extension from the groundlevel immediately next to it. If theground is uneven, you should measurefrom the highest part of the surface,unless you are calculating volume.

Volume limits for extensions

You will need to apply for planningpermission before building an extensionif:

- for a terraced house (including anend of terrace house) or any house ina Conservation Area, National Park,oran Area of Outstanding NaturalBeauty – the volume of the "originalhouse"would be increased by more

than 10% or 50 cubic metres(whichever is the greater);

- for any other kind of house outsidethose areas, the volume of the"original house" would be increasedby more than 15% or 70 cubic metres(whichever is the greater); and

- in any case, the volume of the"original house" would be increasedby more than 115 cubic metres.

Volume is calculated from externalmeasurements.

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In the following circumstances, the volumeof other buildings which belong to yourhouse (such as a garage or shed) willcount against the volume allowances. Insome cases, this can include buildingwhich were built at the same time as thehouse or existed on 1 July 1948.

- If an extension to your house comeswithin 5 metres of another buildingbelonging to your house, the volumeof that building counts against theallowance for additions andextensions.

- Any building which has been added toyour property and which is more than10 cubic metres in volume and whichis within 5 metres of your house istreated as an extension of the houseand so reduces the allowance for

further extensions without planningpermission.

- If you live in a Conservation Area, aNational Park, or an Area ofOutstanding Natural Beauty, alladditional buildings which are morethan 10 cubic metres in volume,wherever they are in relation to thehouse, are treated as extensions of thehouse and reduce the allowance forfurther extensions.

If any of these cases apply, the volume ofthe building concerned will be deductedfrom your volume limit for extensions andadditions to your house. For example, ifyour volume limit is 50 cubic metres and abuilding of 15 cubic metres in volume istreated as an extension to the house, thenyour volume limit for extensions would bereduced to 35 cubic metres.

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Special limits for roof extensions, loftconversions and dormer windows

There are some special rules which applyto these kinds of extension to yourhouse.

You do not normally need to apply forplanning permission to re-roof yourhouse (see Section G) nor for theinsertion of roof lights or skylights.

You will need to apply for planningpermission if you live in a ConservationArea, a National Park, or an Area ofOutstanding Natural Beauty and youwant to build an extension to the roof ofyour house or any kind of addition whichwould materially alter the shape of theroof.

Outside those areas, you need to applyfor planning permission if any of thefollowing circumstances apply.

- You want to build an addition orextension to any roof slope whichfaces a highway.

- The roof extension would add morethan 40 cubic metres to the volumeof a terraced house or more than 50cubic metres to any other kind ofhouse.(Note. The volume limits forextensions described on pages 18-20are the total allowed for a house.Any additional volume created by aroof extension will count against thetotal volume limit for your house.)

- The work would increase the heightof the roof.

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Many kinds of buildings and structures canbe built in your garden or on the landaround your house without the need toapply for planning permission. These caninclude sheds, garages, greenhouses,accommodation for pets and domesticanimals, summer houses, swimmingpools, ponds, sauna cabins, enclosures(including tennis courts) and many otherkinds of structure.

You will need to apply for planningpermission if any of the following casesapply.

- You want to put up a building orstructure which would be nearer to anyhighway than the nearest part of the"original house", unless there would beat least 20 metres between the newbuilding and any highway.The term

"highway" includes public roads,footpaths, bridleways and byways.

- More than half the area of land aroundthe "original house" would be coveredby additions or other buildings.

- The building or structure is not to beused for domestic purposes and is tobe used instead, for example, forparking a commercial vehicle, runninga business or for storing goods inconnection with a business.

- You want to put up a building orstructure which is more than 3 metreshigh, or more than 4 metres high if ithas a ridged roof. (Measure from thehighest ground next to it.)

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Section B – Buildings and other structures on the land around your house

- If your house is a listed building, oryou live in a Conservation Area, aNational Park, or an Area ofOutstanding Natural Beauty, and youwant to put up a building or structurewith a volume of more than 10 cubicmetres.

The meaning of "original house" isexplained on page 18.

Note: If your new building would have avolume over 10 cubic metres, and comewithin 5 metres of the house, it would betreated as an extension and would countagainst your overall volume entitlement.

Fuel storage tanks

You will need to apply for planningpermission in the followingcircumstances.

- You want to install a storage tank fordomestic heating oil with a capacity ofmore than 3,500 litres or a height ofmore than 3 metres above groundlevel.

- You want to install a storage tankwhich would be nearer to anyhighway than the nearest part of the"original house", unless there wouldbe at least 20 metres between thenew storage tank and any highway.The term "highway" includes publicroads, footpaths, bridleways andbyways.

- You want to install a tank to storeliquefied petroleum gas (LPG) or anyliquid fuel other than oil.

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You will need to apply for planningpermission if the porch:

- would have a ground area (measuredexternally) of more than 3 squaremetres;

- would be higher than 3 metres aboveground level (advice on measuringheight is given on page 19); or

- would be less than 2 metres awayfrom the boundary of a dwellinghousewith a highway (which includes allpublic roads,footpaths,bridleways andbyways).

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Section C – Adding a porch to your house

You will need to apply for planningpermission if:

- your house is a listed building or inthe curtilage of a listed building; or

- the fence, wall or gate would be over1 metre high and next to a highwayused for vehicles; or over 2 metreshigh elsewhere.

You do not need planning permission forhedges or trees. However, if there is acondition attached to the planningpermission for your property whichrestricts the planting of hedges or trees(for example, on an "open plan" estate orwhere a sight line might be blocked), youwill need to obtain the council's consentto relax or remove the condition beforeplanting a hedge or tree screen. If youare unsure about this, you can check withthe planning department of your council.

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Section D – Putting up fences, walls and gates

There are no restrictions on the area ofland around your house which you cancover with hard surfaces.

However, in some circumstances,significant works of embanking orterracing to support a hard surface mightneed a planning application. Ask yourlocal planning authority if in doubt.

You will also need to apply for planningpermission if the hard surface is not to beused for domestic purposes and is to beused instead, for example, for parking acommercial vehicle or for storing goods inconnection with a business.

You must obtain the separate approval ofthe highways department of your council ifa new driveway would cross a pavementor verge. You will also need to apply forplanning permission if you want to make anew or wider access for your driveway onto a trunk or other classified road. Thehighways department of your council cantell you if the road falls into this category.

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Section E – Patios, hard standings, paths and driveways

Normal domestic TV and radio aerials donot need planning permission.

In certain circumstances, you will need toapply for planning permission to install asatellite dish on your house.

This is explained in the Department'sseparate free booklet, A Householder'sPlanning Guide for the Installation ofSatellite Television Dishes, which can beobtained from your council.

If your house is a listed building, you mayneed listed building consent to install asatellite dish on your house (see Chapter6, page 39).

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Section F – Satellite dishes, and television and radio aerials

You do not need to apply for planningpermission:

- for repairs or maintenance;

- for minor improvements, such aspainting your house or replacingwindows;

- for internal alterations;

- for the insertion of windows, skylightsor roof lights (but, if you want to createa new bay window it will be treated asan extension of the house – seeSection A);

- for the installation of solar panelswhich do not project significantlybeyond the roof slope; and

- to re-roof your house (but additions tothe roof are treated as extensions tothe house, see Section A, page 21).

Occasionally, you may need to apply forplanning permission for some of theseworks because your council has made anArticle 4 Direction withdrawing permitteddevelopment rights (see Chapter 4, page14).

If you live in a listed building, you willneed listed building consent for anysignificant works whether internal orexternal (see Chapter 6, page 39). You alsomay need planning permission to alter,repair or maintain a gate, fence, wall orother means of enclosure.

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Section G – Decoration, repair and maintenance

Cladding

If you live in a Conservation Area, aNational Park, or an Area of OutstandingNatural Beauty, you will need to apply for

planning permission before cladding theoutside of your house with stone, tiles,artificial stone, plastic or timber.

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If you decide to demolish a building, evenone which has suffered fire or stormdamage, it does not automatically followthat you will get planning permission tobuild a replacement.

Listed buildings and buildings inconservation areas

You do not need to make a planningapplication to demolish a listed building orto demolish a building in a conservationarea. However, you may need listedbuilding or conservation area consent.(See Chapter 6, pages 39 and 40.)

Elsewhere

You will not need to apply for planningpermission:

- to demolish a building such as agarage or shed of less than 50 cubicmetres; or

- if the demolition is urgently necessaryfor health and safety reasons; or

- if the demolition is required underother legislation; or

- where the demolition is on land whichhas been given planning permissionfor redevelopment; or

- to demolish a gate, fence, wall or othermeans of enclosure.

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Section H – Demolition of buildings

In all other cases, such as demolishing ahouse or block of flats, the council maywish to agree the details of how youintend to carry out the demolition andhow you propose to restore the siteafterwards.

You will need to apply for a formaldecision on whether the council wishes toapprove these details. This is called a"prior approval application" and yourcouncil will be able to explain what itinvolves.

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Alterations, outbuildings, walls, fencesand patios etc

You will need to apply for planningpermission to build an extension, anoutbuilding such as a garage, shed orgreenhouse, as well as for any other workwhich would materially alter theappearance of the building. You will alsoneed to apply for planning permission tocreate a hard surface such as a patio.

You will not need to apply for planningpermission to paint your flat or maisonettebut, if you are a leaseholder, you may firstneed to get permission from your landlordor management company.

Satellite dishes

In certain circumstances, you will need toapply for planning permission to install asatellite dish on your flat or maisonette.This is explained in the Department's freebooklet A Householder's Planning Guidefor the Installation of Satellite TelevisionDishes, which can be obtained from yourcouncil. Remember, if you are aleaseholder, you may need to obtainpermission from the landlord.

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Section I – Flats and maisonettes

If you think you might need to apply for planning permission:

Step 1 Contact the planning department of your council.Tell the planning staff what you want to do and ask for their advice.

Step 2 If they think you need to apply for planning permission, ask them for an application form.They will tell you how many copies of the form you will need to send back and how much the application fee will be. Ask if they foresee any difficulties which could be overcome by amending your proposal.It can save time or trouble later if the proposals you want to carry out also reflect what the council would like to see.

Step 3 Decide what type of application you need to make.In most cases this will be a full application but there are a few circumstances when you may want to make an outline application – for example, if you want to see what the council thinks of the building work you intend to carry out before you go to the trouble of

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How to apply for planning permission

Your first steps

5

making detailed drawings (but you will need to submit details at a later stage).

Step 4 Send the completed application forms to your council, together with the correct fee. Each form must be accompanied by a plan of the site and a copy of the drawings showing the work you propose to carry out. (The council will advise you on what drawings are needed.)

Planning staff at the council should acknowledge yourapplication within a few days. They will place it on the PlanningRegister at the council offices so that it can be inspected by anyinterested member of the public. They will also either notifyyour neighbours or put up a notice on or near the site. Incertain cases, applications are also advertised in a localnewspaper. The council may also consult other organisations,such as the highway authority or the community council.

The planning department may prepare a report for the planningcommittee, which is made up of elected councillors. Or thecouncil may give a senior officer in the planning department theresponsibility for deciding your application on its behalf.

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What the councilwill do

You are generally entitled to see and have a copy of any reportsubmitted to a local government committee. You are alsoentitled to see certain background papers used in thepreparation of reports. The background papers will generallyinclude the comments of consultees, objectors and supporterswhich are relevant to the determination of your application.Such material should normally be made available at least threeworking days before the committee meeting.

The councillors or council officers who decide your applicationmust consider whether there are any good planning reasons forrefusing planning permission or for granting permission subjectto conditions. The council cannot reject a proposal simplybecause many people oppose it. It will look at whether yourproposal is consistent with the development plan for the area.The kind of planning issues it can also consider includepotential traffic problems, the effect on amenity and the impactthe proposal may have on the appearance of the surroundingarea.

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Planningconsiderations

Moral issues, the personal circumstances of the applicant or theeffect the development might have on nearby property pricesare not relevant to planning and will not normally be taken intoaccount by the council.

The council should decide your application within eight weeks.If it cannot do so, it should obtain your written consent toextend the period. If it has not done so, you can appeal to theNational Assembly for Wales (see below). But appeals can takeseveral months to decide and it may be quicker to reach anagreement with the council.

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How long will thecouncil take?

What can I do if planning permission is refused or conditionsare imposed on the permission or if the council do not issue adecision?

If the council refuses permission or imposes conditions, it mustgive reasons.

If you are unhappy or unclear about the reasons for refusal orthe conditions imposed, talk to the planning department.

Ask them if changing your plans might make a difference. Ifyour application has been refused, you may be able to submitanother application with modified plans free of charge within 12months of the decision on your first application.

Alternatively, you may wish to consider appealing to theNational Assembly for Wales.

If you think the council's decision is unreasonable, you canappeal to the National Assembly for Wales. Appeals must bemade within six months of the date of the council's notice ofdecision. You can also appeal if the council does not issue adecision within eight weeks.

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Appeals

A free booklet Making Your Planning Appeal is available fromthe Planning Inspectorate, Crown Buildings, Cathays Park,Cardiff CF10 3NQ.

Appeals are intended as a last resort and they take severalmonths to decide. It is often quicker to discuss with the councilwhether changes to your proposal would make it moreacceptable.

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Whether or not you need to apply for planning permission foryour work, there are some other kinds of approval you mayneed. Most are given by the council, which will be able to letyou have further information.

You will need to apply for listed building consent if either of thefollowing cases apply.

- You want to demolish a listed building.

- You want to alter or extend a listed building in a mannerwhich would affect its character as a building of specialarchitectural or historic interest.

You may also need listed building consent for any works toseparate buildings within the grounds of a listed building.Check the position carefully with the council – it is a criminaloffence to carry out work which needs listed building consentwithout obtaining it beforehand.

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Other kinds of approval

Listed buildingconsent

6

If you live in a conservation area, you will need conservationarea consent to do the following.

- Demolish a building with a volume of more than 115 cubicmetres. There are a few exceptions – you can get furtherinformation from your council.

- To demolish a gate, fence, wall or railing over 1 metre highwhere next to a highway (including a public footpath orbridleway) or public open space; or over 2 metres highelsewhere.

Many trees are protected by tree preservation orders whichmeans that, in general, you need the council's consent to pruneor fell them. In addition, there are controls over many othertrees in conservation areas. Ask the council for a copy of theDepartment's free leaflet Protected Trees: a guide to treepreservation procedures.

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Conservationarea consent

Trees

New building work will often need to comply with the BuildingRegulations. These prescribe minimum standards for healthand safety. The Regulations also apply to certain changes ofuse of existing buildings. You also need approval from thecouncil if the work you want to do involves building over asewer or a drain. The Building Control Department of yourcouncil will be able to tell you whether you need BuildingRegulations approval and how to apply.

A free explanatory booklet, Building Regulations, a leaflet onthe safety of garden walls and other guidance should beavailable from your council.

If your proposed development would obstruct a public pathwhich crosses your property, you should discuss the proposalswith the council at an early stage. The granting of planningpermission will not give you the right to interfere with, obstructor move the path. A path cannot be legally diverted or closedunless the council has made an order to divert or close it toallow the development to go ahead.

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Buildingregulations

Rights of way

The order must be advertised and anyone may object. Youmust not obstruct the path until any objections have beenconsidered and the order has been confirmed. You should bearin mind that confirmation is not automatic; for example, analternative line for the path may be proposed.

You may need to apply for advertisement consent to display anadvertisement bigger than 0.3 square metres on the front of, oroutside, your property. This includes your house name ornumber or even a sign saying 'Beware of the dog'. Temporarynotices up to 0.6 square metres relating to local events, such asfetes and concerts, may be displayed for a short period. Thereare different rules for estate agents' boards, but, in general,these should not be bigger than 0.5 square metres on each side.You can get advice from the planning department of yourcouncil; ask it for a copy of the Department's free booklet,Outdoor advertisements and signs.

Some houses may hold roosts of bats or provide a refuge forother protected species. The Wildlife and Countryside Act 1981gives special protection to bats because of their roostingrequirements. The Countryside Council for Wales (CCW) must

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Advertising

Wildlife

be notified of any proposed action (eg remedial timbertreatment, renovation, demolition and extensions) which islikely to disturb bats or their roosts. CCW must then be allowedtime to advise on how best to prevent inconvenience to bothbats and householders. Information on bats and the law isincluded in booklets which can be obtained free of charge fromCCW local offices.

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Access to classified roads 13,26Advertisement consents 42Aerials 27Animals, accommodation for 22Article 4 directions 14,28

Bats 42Bay windows 28Bed-sits 12Business activities 12,22,26

Caravans 12Car parking 26Central heating oil tanks 23Cladding 29Conservation areas

14,19,20,21,29,30,40

Decoration 28Demolition 30,39,40Dormer windows 21Driveways 26

Extensions 18

Fences 13,25,28,30,40Fish ponds 22Flats 4,12,31,32Fuel tanks 23

Garages 20,22,30,32Garden buildings 22Gates 25,40Greenhouses 22,32Ground level 19

page 44

Index

Hard standings 26Hedges 25

Internal alterations 12,28

Lawful development certificate 11Letting rooms to lodgers 12Listed buildings

14,23,25,27,28,30,39LPG tanks 23Lofts, loft conversions 21

Maintenance 28Maisonettes 4,12,32

Offices, using your home as an 12Oil storage tanks 23

Painting 28Parking 26Paths 26Patios 26Pebble-dashing 29Pets 22Ponds 22Pools 22Porches 24

Radio aerials 27Repairs 28Re-roofing 28Rights of way 41Roof extensions 21Roof lights 21,28

page 45

Satellite dishes 27,32Sauna cabins 22Security lights 9Sheds 20,22,30,32Skylights 21,28Solar panels 28Stone-cladding 29Summer house 22Swimming pools 22

Television aerials 27Tennis courts 22Trees 40

Wildlife 42Windows 21,28Workshops 12Working at home 12

page 46

National Assembly publications mentioned in thisbooklet:

Planning Permission – A Guide for BusinessA Householder's Planning Guide for the Installation of Satellite Television DishesProtected Trees – A Guide to Tree Preservation ProceduresBuilding Regulations – Explanatory BookletOutdoor Advertisements and Signs – A Guide for Advertisers

Copies of these booklets together with further copies of this onecan be obtained from:

Library and Publications ServiceNational Assembly for WalesCathays ParkCardiff CF10 3NQ

Tel: (029) 2089 8600

E-mail: assembly-publications@wales.gsi.gov.uk

ISBN: 0 7504 3971 8 October 2005 © Crown copyright 2005