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Planning and Building Control

Planning applications

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We consider applications from property owners and developers who want to:

  • Build new structures
  • Make alterations to existing buildings
  • Change the use of land and buildings
  • Carry out engineering operations or erect signs and advertising
  • Undertake work to protected trees or listed structures

We make sure that new development is considered against the Councils planning policies and seek the views of neighbours and others who may be affected by proposals.

Do I need planning permission?

Planning permission may be needed before you build a new building or other structure, or if you want to make alterations to an existing structure.

You may also need planning permission if you change the way a building or land is used, for example, to use a residential dwelling for business.

How do I make a planning application?

You can submit an application online at Planning Portal.

You can also download the forms if prefered, and send them, along with the items listed below, through the post to North East Derbyshire District Council, District Council Offices, 2013 Mill Lane, Wingerworth, Chesterfield, S42 6NG or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

To request copies of the forms by post, please contact us on the number below.

There are four main types of planning application:

Householder Planning Applications

For applications to alter or enlarge a single house, including works within the boundary/garden.

Outline applications

This allows you to seek permission in principle to undertake development, without having to submit detailed drawings.

Full applications

If you want to erect building /structures or change the use of land or buildings you will need to make a full application. With this we will need all the details of the development as set out below.

Reserved matters applications

Once outline planning permission has been granted, you then need to give us more detailed information.

What we need:

Documents to submit with your planning application

In making your application we are likely to require from you the following (this is the basic level of information, for more complex applications you are advised to contact us to clarify the requirements):

  • A location plan
  • A site layout plan
  • Drawings (these will not normally be needed in the case of outline applications)
  • Design and Access statement If you would like help, please contact us via email or on the number below.

I’ve submitted my planning application, what happens next?

We will publicise the application in accordance with government regulations and our Statement of Community Involvement. We may also publicise wider when appropriate to maximise opportunities for community involvement. Please see our Statement of Community Involvement on the council's website for further details.

One of our officers will then visit the site to assess your proposal.

How are planning applications considered?

After we’ve received comments from interested parties we will make a decision on the application.

Most applications are determined by council officers (under what are known as delegated powers). The rest are determined by the Planning Committee. People who have commented on applications will be offered the chance to speak at this meeting if the application is determined by Planning Committee.

What happens after a decision has been made?

We will issue a decision notice saying whether permission has been granted or refused.

We often grant planning permission subject to certain conditions, and a development may not go ahead until after these conditions are ‘discharged’ or dealt with.

There is a charge for dealing with or approving these conditions – please see the website for more information.

Can I appeal against a decision?

If your application has been refused or has been approved subject to conditions with which you disagree, you can appeal against this decision to the Planning Inspectorate. More information can be found on the website regarding the Planning Inspectorate.

How can I view an application and make comments?

Anyone can view or comment on a submitted planning application online.

Via email on This email address is being protected from spambots. You need JavaScript enabled to view it.

By letter to NEDDC, District Council Offices, 2013 Mill Lane, Wingerworth S42 6NG.

If you are not able to view the application online please call (01246) 217159 or 217172 for further information.

Building control

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Building Regulations are recommendations that make sure all new construction, conversions, alterations and extensions meet building, health and safety standards.

These are enforced by our building control service, DBCP – a partnership between NE Derbyshire District, Chesterfield Borough, Bolsover District, Amber Valley Borough, Derbyshire Dales District and Derby City Councils.

Do I need approval for my development?

If you want to make changes to the structure or use of a building you may need Building Regulations approval before you start work. This is in addition to any planning permission you may need for your proposed development.

To discuss your proposals, or for information, contact us on the numbers below or visit the website on DBCP's website.

How do I make an application?

There are different ways to make a Building Regulations application, depending on the scale and type of work you want to carry out:

Full Plans application

This application is suitable for both domestic and commercial developments. You must submit plans and details of your proposal together with an application form and fee.

The details are checked to make sure they comply with the regulations. Once the application is checked and found to be satisfactory it will be approved.

If not a letter we will be sent out to advise what amendments and or additional information is required to enable an approval to be issued.

Building Notice application

This method should only be used for work which is not complex and by people experienced in construction. It can only be used for domestic and not commercial work and where a public sewer is not within 3 Metres of the proposed works.

A Building Notice application must be submitted at least 48 hours before you start work. The notice will be checked for accuracy, type of work and correct information. If everything is satisfactory an acceptance letter will be sent.

Regularisation procedure

If you have already carried out building work without approval, in most cases you can make a Regularisation application and carry out the work required to comply with the regulations.

We will inspect the work and any necessary remedial measures as it progresses and issue a regularisation certificate once the works are satisfactorily completed.

Most applications carry a charge, which must be paid prior to any acceptance letter being issued online at DBCP's website or call us on the numbers below.

Dangerous structures

If you are concerned that a building or structure may be dangerous, please contact us on the numbers below during office hours.

Our building control officers do offer an emergency service and are on call 24 hours a day to give immediate attention to dangerous structures if required.

In emergencies - where there is serious risk of harm being caused to you or other people - contact the emergency services on 999.

Contact us

DBCP, Dunston Innovation Centre, Dunston Road, Chesterfield, Derbyshire S42 8NG.

Tel: 0333 8802000 or Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Planning enforcement

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Enforcement is an important part of the planning process and is there to tackle breaches of planning control which would otherwise have unacceptable impact on the amenity of an area. It maintains confidence in the planning system and ensures anyone who engages properly with the planning process is treated fairly.

What is a planning breach?

A breach of planning includes the carrying out of ‘development’ without the required planning permission or failing to comply with any condition on a planning permission that has been granted.

Examples of development we commonly deal with include:

  • Building work or engineering operations (e.g. excavations or re-grading works) or other operations
  • Changes of use of land or buildings, for example the use of agricultural buildings for non – agricultural purposes
  • Alterations to the interior and exterior of listed buildings, or alterations to buildings and structures within their curtilage.
  • Advertisements and signs
  • Works to trees subject of a Tree Preservation Order, or within a Conservation Area
  • Untidy land, where its condition is affecting the amenity of an area
  • Non-compliance with approved plans or conditions attached to a planning permission

The Government has granted certain rights to carry out development without the need for a planning application; these are known as ‘permitted development (PD) rights’. PD rights are subject to certain limitations, covering height, size, position and location which must all be complied with. This is set out in the General Permitted Development Order (2015) (as amended). A lot of the domestic building works we investigate are carried out under PD.

With the exception of works to Listed Buildings or advertisements, carrying out development work without the necessary planning permission is not a criminal offence, but it is unauthorised and at risk of enforcement action being taken if it is found to be unacceptable. You are always advised to check if planning permission or listed building consent is needed before you start a project.

How do I report a possible breach?

If you think someone doing something without permission, or think conditions are not being complied with, then you can make an enquiry through the ‘report it’ section of our website. You can also make an enquiry in writing or in person to our office at Mill Lane, Wingerworth, Derbyshire, S42 6NG.

If I make an enquiry, what information do I need to provide?

An online form will guide you through the information we require. We will ask you to include as much detail as you can, including your name, address and contact number so that we can keep you updated. It also helps us understand where your property is and how your amenity is affected.

You will be asked to provide details of the site or development that is causing you concern and how exactly it is affecting you. It really helps if you can provide photographs and other evidence with your enquiry, as this often helps us identify and resolve issues more quickly.

Your personal details will remain confidential and will not be disclosed to any 3rd party or at any point during our investigations.

How will my enquiry be investigated?

We are committed to investigating building work or other development that appears to have been carried out without planning permission in line with the North East Derbyshire Local Enforcement Plan.

We aim to investigate all enquiries within 28 days, but if it appears particularly urgent, then we aim to visit within 3 working days.

We prioritise all enquiries when we receive them and will prioritise those where there is a likelihood of serious or irreversible harm, such as works to listed buildings or work to protected trees.

Once we have investigated your enquiry, we will contact you to let you know what we have found and what we intend to do next. Investigations can be complex and often take weeks to months to complete. In the most complex cases it is sometimes years before a resolution is reached.

What can we do if we find planning rules have been broken?

Resolving breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory outcome.

No further action

The Council does not have to take enforcement action and it may not always be in the public interest (‘expedient’) especially if it is a trivial or technical breach and the harm is insignificant. The Council makes a judgment in each case as to the seriousness of the breach and the level of any harm caused in a similar way to a planning application. We take into account our own planning policies and the policy guidance published by the Government and make a decision as to whether a breach is serious enough to pursue.

Retrospective planning application

Where the breach appears to be acceptable or can be made acceptable with conditions or minor amendments, the Council will normally ask for a retrospective planning application. The right to do this is embedded in the Planning Act.

A retrospective planning application can take the form of a full planning application, a minor material amendment application, a non-material amendment application or a discharge of conditions application.

We will consult those who appear to be affected by the breach and allow them the opportunity to make comments and put forward their views, for and against.

Formal enforcement action

Where negotiations fail and/or someone is unwilling to resolve a breach voluntarily, then we will take enforcement action where it is in the public interest.

An Enforcement Notice is the most common form of notice used to deal with building works or changes of use of buildings or land. A Listed Building Enforcement Notice may be issued when unauthorised works are carried out to listed buildings.

An Enforcement Notice will specify what steps must be taken to remedy it and a time period in which to carry out those steps. An Enforcement Notice cannot come into effect until at least 28 days after it is served.

We can also issue a Breach of Condition Notice to require compliance with a condition of a planning permission; a ‘s.215 notice’ to require land and buildings to be tidied and/or we can seek an Injunction from the Court.

Most formal action carries with it the right of appeal to either the Secretary of State through the Planning Inspectorate, or to the Magistrate Court.Once an appeal has been lodged then the timescale for its determination is out of our control. During this time, the requirements of the Notice are suspended until the appeal has been determined or is withdrawn.


Generally if a formal notice is not complied with then a Criminal Offence is committed. A person and/or Company in contravention of the Notice may be prosecuted. This can result in an unlimited fine and a custodial sentence.

Works to a listed building without the necessary consent is a criminal offence. Sometimes the loss of historic fabric is so serious and irreversible that a prosecution is necessary to deter future harm by the wrongdoers and others, and ensure those who comply with the law are not disadvantaged.

The offence is committed by the person who carried out the works (possibly a builder) and by anyone who caused them to be carried out (someone instructing a builder).

This may also be classed as a Heritage Crime and referred to the Police.

Direct Action

Where the steps set out in a Notice have not been complied with, then we have powers to go on to the land and carry out the work ourselves. The costs reasonably incurred in doing this are then passed on to the owner.

A decision as to whether this is an appropriate use of the Council’s resources is made on a case by case basis, in view of the complexity of the breach.

Someone has made an enquiry against my property, what happens now?

If we receive an enquiry about your property we will ask that you work with us to resolve the problem where possible. We will contact you and may visit the site as part of our investigations and we ask that you are open, upfront and cooperative whilst we carry out our investigations. Planning operates in the public interest, so we are there to help you resolve any problems as much as the person which made the enquiry.

After we have made our initial investigations we will discuss our findings with you, and listen to your views and set out how we think the issue is best dealt with. This may include taking some of the actions set out previously.

You may be asked to supply us with information as part of our investigation and we will ask that you do this within a specified time. We have powers to formally ask for information specific to the alleged breach and there is a requirement in Law for you to provide this information; information is requested in a Planning Contravention Notice.

If we do not hear from you and you are unwilling to provide information we have asked for, then we will assume you do not want to engage in a resolution and we may move straight to formal enforcement action.

Contact us

For more information, please contact our Planning Team by calling (01246) 217182 or via email at This email address is being protected from spambots. You need JavaScript enabled to view it.

To report a planning breach you can use our online report form.

Listed buildings, conservation areas and tree preservation

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Listed buildings are those that have been designated by the Secretary of State as being buildings of special architectural or historic interest which are especially important to conserve. There are 487 listed buildings within North East Derbyshire.

The general principles are that all buildings built before 1700 which survive in anything like their original condition are likely to be listed, as are most buildings built between 1700 and 1850.

Grade I buildings make up 2.5% and are of exceptional interest. Grade II* buildings make up 5.8% and are particularly important buildings of more than special interest. Grade II buildings make up 91.7% of all listed buildings and it is the most likely grade of listing for a home owner.

Listed buildings, scheduled monuments and conservation areas are collectively referred to as ‘heritage assets‘ which contribute to our understanding and interpretation of our past.

Conservation areas are those of unique historic character and appearance and are designated by the Council; we have 30 conservation areas in our district. We carry out ‘conservation area appraisals’ which record the buildings, architecture, vernacular and spaces that make up the unique features of an area.

The Law requires that Local Planning Authorities to place ‘great weight’ on the conservation of our heritage assets. We have a statutory duty to preserve and enhance North East Derbyshire’s historic built environment for both residents and visitors.

We provide advice and guidance to people who want to carry out work to listed buildings, as well as guidance on development within conservation areas. Historic England has also produced a range of guidance notes to help you understand the implications of owning and working on listed buildings, available through their website.

Do I need Consent to carry out work on a listed building?

You will need listed building consent for any work of alteration or demolition that ‘affects the special architectural or historic interest’ of the building. Exactly what comprises an ‘alteration’ varies depending on the special interest of the building.

It is always best to assume you need listed building consent to carry out alterations to a listed building unless told otherwise.

Certain works of repair and maintenance do not need listed building consent, but it depends very much on the scale of the work and how the historic fabric is treated when the repair is carried out.

It is a criminal offence to carry out works of alteration or demolition of a listed building in a manner that affects it special architectural or historic interest, without Listed Building Consent.

Owners and builders working on of listed buildings should be especially mindful before carrying out any works, regardless of how minor the alteration might seem. The person instructing the work (e.g. the owner) and the person carrying out the work (e.g. a builder) are liable to being prosecuted. It is always best to check with the Council before embarking on a project because the penalties can be severe.

It is very important to remember that the listing description is there to identify the building and not record all features of interest and importance. This means the interior of a listed building is protected as much as the exterior. Any building or structure (e.g. a wall or outbuilding) within the curtilage (typically the garden), is also protected by the listing if it pre-dates 1948.

If you see any work taking place to a listed building that you do not think has consent, please contact us immediately. It is very important that we act as soon as possible to minimise harm which is often irreversible. You can report it to our Enforcement Team through our website's self-service.

Generally works to a listed building do not need planning permission because they are covered by a listed building consent. However, new buildings and other structures within the curtilage (e.g. the garden) will need planning permission because of the limitations of permitted development rights for listed buildings.

What rules apply in conservation areas?

As a planning authority we must pay special attention to the character and appearance of our conservation areas when considering applications for planning permission. This means planning applications which harm the character of a conservation area are unlikely to be approved.

Permitted Development rights which allow you to alter and extend your house without having to apply for planning permission, generally apply to conservation areas. However, in some areas we have removed permitted development rights with an ‘article 4 direction’, to minimise the harm which can often be caused by insensitive and inappropriate alterations. In areas covered by an ‘article 4 direction’, planning permission is required for works otherwise allowed by permitted development.

You can check via our online mapping portal (address below) whether your area is within a conservation area and covered by an article 4 direction.

Gates, fences and walls have extra protection in conservation areas. It can be a criminal offence to demolish the whole or part of a wall, depending on their height and location.

Trees in a conservation area are protected in the same way as a tree or group of trees covered by a Tree Preservation Order (TPO). Please see below for more information on TPOs. If you want to carry out any work to a tree in a conservation area, you will need to notify us 6 weeks in advance of the start of the work so we can assess the work before it goes ahead.

Do I need permission to fell or lop trees?

Trees make a very important contribution to our landscape and the streetscape in our towns and villages and are often protected to prevent their removal or damage.

You do not need planning permission to fell, lop and prune a tree unless it is covered by a Tree Preservation Order (TPO) or within a conservation area.

Consent is needed for any works to (a) cut down; (b) top; (c) lop; or (d) uproot a tree subject of a TPO. It’s a criminal offence to carry out these activities without consent, including works that (e) wilfully damage; or (f) wilfully destroy any tree subject of a TPO.

You can contact us to check whether a tree is covered by a TPO or is within a conservation area. You can check via our online mapping portal (address below) all TPOs and conservation areas.

If you see any work taking place to a protected tree that you do not think has consent, please contact us immediately. It is very important that we act as soon as possible to minimise harm which is often irreversible. You can report it to our Enforcement Team through our website's self-service.

Contact us

To check whether your property is in a conservation area, or whether an article 4 direction has been issued, or if there are any protected trees, you can access this information through our online mapping portal.

For more information, contact the Policy team via (01246) 231111 or visit our 'Conservation' page.

Application forms for listed building consent and works to protected trees can be downloaded or submitted online at the Planning Portal.

Planning policy

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We are responsible for identifying suitable locations for new developments within North East Derbyshire. This is done via the Local Plan - which outlines how development will be managed in our area.

The North East Derbyshire Local Plan provides detailed guidance on new housing, employment, shopping and leisure developments within the district. It also identifies areas to be protected, such as the Green Belt, sites for nature conservation and open space.

Where can I see these plans?

You can view the Local Plan and other documents on our website. Paper copies are also available to view at our main offices at 2013 Mill Lane, Wingerworth, in Chesterfield and at other locations across the district, including libraries. You can buy copies of any of these documents - contact us on (01246) 231111.

How can I get involved?

You can put forward your comments to us whenever we put together our planning documents. These consultation periods will be advertised locally on our website and, where appropriate, in our NEWS magazine which is delivered to all homes and businesses in the district. The North East Derbyshire Local Plan is compiled in line with national regulations, along with our Statement of Community Involvement, which can also be viewed online.

How can I be kept informed?

You can add your contact details to our consultation database to be kept directly up to date with our planning policy documents. By registering we will let you know when a relevant document is open for public consultation, and you will also be able to view and make representations online. Register online using the link below.

Contact us

For more information, contact our Planning Policy Team on (01246) 231111 or visit our website.

Sustainable development

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We are committed to sustainable development, and we continuously improve our services, policies and practices to contribute to a better quality of life for everyone – both now and for future generations. This is supported by many of our services and functions, including:

Environmental services

We protect the health and wellbeing of people, places and animals across North East Derbyshire though a range of functions including food hygiene inspections, infectious disease control, food poisoning investigations, animal welfare issues, licensing and pollution control.

We also support and promote environmental sustainability through a range of services and functions, e.g. minimising waste and increasing recycling rates in the district.

Street cleansing

We clean roads, footpaths, car parks and other public areas across the area to keep our district clean and healthy. We are responsible for:

  • Removing of litter and detritus
  • Sweeping roads and footpaths
  • Removing fly-tipped waste
  • Removing dead animals from the highway
  • Cleansing highway surface water drainage gullies
  • Emptying litter and dog waste bins

We are also responsible for the maintenance and care of the district’s green environments including parks and recreation grounds, play areas, cemeteries and churchyards.

Planning service

Our planning policies are designed to make sure development is acceptable, and protect the best of the urban and rural environment from inappropriate development. It is against these policies, along with national guidance, which planning applications are considered.

Economic development

We play an important part in economic development and regeneration – designed to enhance the social, economic and environmental aspects of our communities. Priorities include town centre regeneration, the development of major employment sites, business support, tourism and to support the rural economy.

Contact us

For more information, contact our Planning Team via email on: This email address is being protected from spambots. You need JavaScript enabled to view it. or by calling by calling (01246) 217182.