Do I need planning permission?

In May 2013 the Government introduced a number of changes to what development can take place without the need for full planning permission. This is known as Permitted Development.

There are three ways to determine whether planning permission is required:

1.You can come to your own decision as to whether any planning permission is required by looking at the general advice available from the National Planning Portal. The planning portal has an interactive house webpage that may help you. 

Interactive House image from the Planning Portal

Please note that if you decide to determine whether you need planning permission yourself, that this will be entirely at your own risk.

2. You can apply for a formal decision as to whether planning permission is required by applying for a lawful development certificate for which a fee is payable (set nationally) and which will need to be accompanied by scale drawings.

3. You can obtain a written opinion from the council as to whether planning permission is required by completing one of our exemption forms. A fee is payable for this service to cover the cost of an officer investigating the planning history and reviewing the submitted information.

The types of Permitted Development
Works are permitted without the need for any formal permission. These are certain permitted rights that central government, through legislation, has given to allow home owners to make certain changes. In coming to a decision you are strongly advised to consider one of the above routes, which will confirm in writing whether you need planning permission. This will avoid any future issues with selling a property when it comes to legal searches.

Prior Notification - The form for these submissions is available from the Planning Portal

Full details of works which require the Prior Approval of the Council are available from the Planning Portal. These changes relate to the ability to build single-storey rear extensions with length between 3m and 6m (attached houses) or 4m and 8m (detached houses). Initially introduced for a period of three years from 30 May 2013 this has subsequently been extended for a further three years until 30 May 2019. Please note that if you apply using option 3 above, the Council will as part of its consideration undertake the Prior Approval process should it apply.

Householder Prior Approval

In order to benefit from prior approval changes an applicant will need to notify us before starting works (including demolition) and provide the following information:

  • written description of the proposed development including how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse, the maximum height of the enlarged part of the dwellinghouse and the height of the eaves of the enlarged part of the dwellinghouse;
  • a plan indicating the site and showing the proposed development;
  • the addresses of any adjoining premises;
  • the developer’s contact address and email address if the developer is content to receive communications electronically.

We will need to consult the immediately adjoining premises and ask them whether they object to the proposals. They will have 21 days in which to respond, unless we agree a longer period.

Where any owner or occupier of any adjoining premises objects to the proposed development, then “the prior approval of the Council is required as to the impact of the proposed development on the amenity of any adjoining premises”.

We may require you to submit further information regarding the proposal.

When assessing the impact, we are required to:

  1. take into account any representations made as a result of the consultation process; and
  2. consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.

You are advised not to start any works until you receive in writing confirmation as to whether our approval is given. We will normally give this view within 42 days of receipt of a valid submission. If the Council advised that prior approval is refused there is a right of appeal, which will be detailed in your decision letter.

If you are advised that prior approval is either not required, or is approved, the legislation requires that any 3m-6m or 4m-8m extension “shall be completed on or before 30th May 2019″. You are required to “…notify the local planning authority of the completion of the development as soon as reasonably practicable after completion”. This notification shall include:

  • the name of the developer
  • the address or location of the development
  • the date of completion

The form for this submission is available from the Planning Portal.

Commercial Prior Approval

The Government has also introduced a number of other changes, the details of which are available on Planning Portal

Please note you may need planning permission to change the use of your property, for example from a shop to an office or conversion of a dwelling into flats.

Other Prior Notification - The form for this submission is available from the Planning Portal.

In 2013 and 2014 new legislation came into force from Central Government to ‘free up’ the planning system to enable schemes for various developments to be carried out under permitted development i.e. without applying for formal full planning permission. These changes are outlined below.

The following classes were enacted as part of the Town & Country Planning (General Permitted Development) (Amendment) (England) Order 2015.

Class J – Change of use of a building and any land from B1(a) (offices) to Class C3 (dwellinghouses)

The building must not be used within Class B1(a) (offices) immediately before 30th May 2013, or its last use, the use of the building as a dwelling must be begun prior to 30th May 2016. Does not apply to military explosives storage areas, safety hazard areas, listed buildings or scheduled monuments.

Class K – Change of use of a building and any land to use as a state-funded school, from B1 (business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure).

Does not apply to military explosives storage areas, safety hazard areas, listed buildings or scheduled monuments.

Class L – Development consisting of a change of use of land from a use permitted by Class K (above) to the previous lawful use of the land.

Class M – Change of use of a building and land from use as an agricultural building to a flexible use falling within either:
                 Class A1 (shops);
                 Class A2 (financial and professional services);
                 Class A3 (restaurants and cafes);
                 Class B1 (business);
                 Class C1 (hotels) or
                 Class D2 (assembly and leisure).

Must have been in sole agricultural use since 3rd July 2012 or for 10 years for buildings first brought in to use after 3rd July 2012, not exceed 500m2, not be a listed building or a scheduled monument or form part of a military explosives storage area or safety hazard area.

Prior Approval Process

An application made to the local planning authority for a determination as to whether the prior approval of the authority for Classes J, K and M will be required and should include:

  • a written description of the proposal;
  • a plan of the site, showing the proposed development;
  • a contact address for the homeowner/agent and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail; and
  • a fee of £80 (where no building operations apply)
  • a fee of £172 (with associated building operations) (from 30th July 2014)

The form for these submissions is available from the Planning PortalYou can pay using our online service.

Class C – The use of the building and any land within its curtilage as a state-funded school for a single academic year.

Does not apply to a listed building, a scheduled monument, a site which forms a military explosives storage area or safety hazard area or the existing use of the site is not a class of use specified in the Schedule to the Use Class Order.

Class D – Change of use of a building and any land:

To a flexible use within either Class A1 (shops), A2 (financial and professional services), A3 (restaurant and cafes) or B1 (business),

From a use falling within Classes A1 (shops), A2 (financial and professional services) A3 (restaurant and cafes), A5 (drinking establishments), A5 (hot food takeaways), B1 (business), D1 (non-residential institution) and D2 (assembly and leisure),

For a continuous period of up to TWO years beginning on the date the building and any land within its curtilage begins to be used for ONE of the flexible uses.

Does not relates to more than 150m2 of floor space in the building, the site has at any time relied on a Class D use, or it is a military storage area, safety hazard area, listed building or scheduled monument.              

The following classes were enacted as part of the Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014.

Class CA – Change of use of a building and any land to use as a deposit-taker falling within Class A2 (financial and professional services) from Class A1 (shops).

Does not apply to sites of special scientific interest, military explosives storage areas or safety hazard areas.

The developer should notify the LPA of the change of use and provide evidence that the site is being used as a deposit taker.

Class IA – Development consisting of:

a) A change of use of a building to a use within Class C3 (dwellinghouse) from

    i) Class A1 (shops) or A2 (financial and professional services) or
    ii) A mixed use combining use as a dwellinghouse with a use falling within either Class A1 (shops) or A2 (financial and         professional services, and

b) Building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouse).

Does not apply if the building was not used for one of the uses referred to on 20th March 2013, or when it was last in use as those uses, the cumulative floorspace changing use exceeds 150m2, or with previous development under Class IA would result in more than 150m2 of floorspace, the building works would result in the external dimensions extending beyond the external dimensions of the existing building, development consists of demolition.

Buildings within Article 1(5) land (conservation areas) or in a site of special scientific interest does not apply to this Class, nor do buildings in safety hazard areas, military explosives storage area, listed buildings or scheduled monuments.

Class MA – Change of use of a building and any land from an agricultural building to a state-funded school or a registered nursery.

The building must be used solely for agriculture as part of an established agricultural unit, not exceed 500m2. This does not relate to a site of special scientific interest, a safety hazard area, a military explosives storage area or the site contains a scheduled monument or any building is listed.

Class MB – Development comprising of:

(a) Change of use of a building and any land from use as an agricultural building to a use falling within Class C3 (dwellinghouse), and

(b) Building operations reasonably necessary to convert the building.

The building must be used solely for agricultural use as part of an established agricultural unit, cumulative floorspace cannot exceed 450m2, there can be no more than THREE separate dwellinghouses developed within an established unit.

This does not relate to sites within article 1(5) land (conservation area), within a site of special scientific interest, a safety hazard area or military explosives storage area or contains a scheduled monument or listed buildings.

Prior Approval Process

An application made to the local planning authority for a determination as to whether the prior approval of the authority for Classes IA, MA and MB will be required and should include:

  • a written description of the proposal;
  • a plan of the site, showing the proposed development;
  • a contact address for the homeowner/agent and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail; and
  • fee of £80 (where no building operations apply)
  • fee of £172 (with associated building operations) (from 30th July 2014)

The form for these submissions is available from the Planning Portal

As a result of the application the Local Planning Authority may deem it necessary to carry out consultations with highway, transport and environment authorities and environmental health, and as such request additional information from the developer.

Notification of adjoining premises will be undertaken (where necessary) and a site notice may be displayed, informing of, and giving the opportunity to, comment on the proposal within a minimum of 21 days.

The Local Authority will then, taking into account representations, the National Planning Policy Framework, and as necessary the Environmental Protection Act 1990, either issue a Prior Approval Notice allowing the development to go ahead or refuse to issue Prior Approval.

If the local authority does not notify the developer of their decision within the 56-day determination period, the development may go ahead.

Contact us

Newark and Sherwood District Council
Kelham Hall
Kelham
Newark
Nottinghamshire
NG23 5QX

01636 650000

customerservices
@nsdc.info

Follow us on TwitterLike us on FacebookFollow us on Pinterest‌ Follow us on Instagram

Other websites

  • 01636 650000

    Mon to Thurs 8.30am to 5.15pm
    Friday 8.30am to 4.45pm

    Customer Feedback

  • Get in touch:

    Newark and Sherwood District Council
    Kelham Hall
    Kelham
    Notts
    NG23 5QX

Access Extranet