Constraints to Planning and Development
When considering any planning application the Local Planning Authority has to be mindful of land use restrictions that may have a bearing on the decision it takes in determining the application. These are called planning constraints.
Therefore, prior to making an application you are advised to consider the following common issues (click on a link to jump to more information):
Areas at Risk of Flooding:
Often land in low lying areas will be the subject of flooding. In such areas it is essential that development is carefully controlled where it may be directly affected by flooding or it may affect flooding elsewhere. The Environment Agency has overall responsibility for flood risk areas and advice on this issue may be obtained from its web site where flood risk maps may also be viewed. In addition, the Council has a specific planning policy on this issue which may be viewed as Policy NE9 Development and Flood Risk in the Local Plan.
Contaminated Land:
As a result of past industrial activities many parts of the UK are contaminated with a potential to cause harm to human health, water courses, the built environment and eco systems. The Government has recognised the need to reclaim and redevelop these areas of land. In 2000, the Government set a target that 60% of new housing should be built on previously developed land, with the aim on reducing the pressure on the development of green belt land.
Due to this Government Policy, Local Authorities in Derbyshire are dealing with an increasing number of planning applications for developments on brown field sites. The actual or possible presence of contamination is a material planning consideration, see Planning Policy Statement No.23 for more information
Potential developers have the responsibility of establishing the extent of any potentially harmful contaminants on their sites and of identifying remedial measures designed to remove the significant potential for harm to identified receptors so as to ensure that the land is suitable for its intended use. Development will not be allowed to commence until these measures have been determined.
In many cases it will be an advantage to determine whether there are likely contamination issues on site before submitting a planning application. On large developments this may form part of a pre-application enquiry where any need for site investigations and remediation can be determined prior to submitting an application.
If planning permission is granted for your proposal it is likely to be the subject of specific planning conditions to require the site to be de-contaminated. You should note however that in some circumstances the Council may be unable to grant consent without the necessary information being submitted along with the application.
The Council’s Environmental Health (Domestic and Industrial Team) Department are able to give specific advice on this issue.
In addition to this Council’s Environmental Health specialists, if a planning application is submitted for the development of a contaminated site other statutory bodies including the Environment Agency will be consulted and their views sought. Specific advice on land contamination is located at the Environment Agency website.
Further advice on this issue may also be found in the guidance, “Developing Land within Derbyshire”, a guide to submitting applications for land that may be contaminated which is available to download from the Related Documents at the bottom of this page.
Tree Preservation Orders (TPOs):
Tree Preservation Orders may be placed on trees by the Council which it considers visually important to the area, or trees which may be under threat from future development. If you have trees on your property covered by a TPO, you must get permission to do any works to the tree, whether this is felling or pruning. If you are not sure if a tree is covered by a TPO, contact us and ask, as it is an offence to do works to trees covered by a TPO without consent, unless they are dead, dying or dangerous - please note - you would still be required to contact us first in this situation to inform us of your intentions to carry out work.
Details of where trees are located that are covered by TPO’s may be found on the Council’s
Interactive Mapping Portal system which may be found at the base of this page. You should click on “change map information”, environment and then tick either of the Tree Preservation buttons. You should note that TPO’s made by the County Council are administered by that Authority.
The relevant policy of the local Plan regarding trees is Policy NE7 “protection of Trees and Hedgerows”.
Conservation Areas and Listed Buildings:
Information on Conservation Area's and Listed Buildings may be found by accessing the link to the relevant web page on the Council’s web site.
Details of where Conservation Areas and/or Listed Buildings are located may be found on the Councils Interactive Mapping Portal system which may be found at the base of this page. You should click on “change map information”, and then tick Conservation Areas and or Listed Buildings. You can use the “find places on the map” to go to the area you wish to view.
The policies relevant to these issues may be found in the “Built Environment” of the Council’s Local Plan and specifically policies BE7 to BE10 which relate to development to or close to listed buildings and policies BE11 and BE12 which relate to development in Conservation Areas.
Article 4 Directions:
Article 4 directions are a method whereby development that would normally not require the consent of the Local Planking Authority is restricted in such a way that planking consent from the Council is required for it. Article 4 direction relate to development to dwelling houses, with Article 4(2) directions being restrictions placed on dwelling houses within Conservation Areas and Article 4(1)n direction being placed on dwelling houses outside of Conservation Areas.
Details of where buildings covered by an Article 4 Direction may be found on the Councils
Interactive Mapping Portal system which may be found at the base of this page. You should click on “change map information”, and then tick Conservation Restrictions. You can use the “find places on the map” to go to the area you wish to view.
Link to North East Derbyshire District Council's Interactive Mapping Portal.
Article 3
Some small scale development does not need planning consent (known as “permitted development”)unless it has been brought under the control of the Council by planning condition placed on a planning consent.
For information on what may not require planning consent and is “permitted development” please refer to the Development Control page of the Council’s web site.
For information on whether or not your house or land benefits from permitted development you should either contact the Council for advice or fill in the “Do I need planning permission" request form.
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