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> Planning > Do you need permission?

Do you need planning permission?

Find out if your development requires planning permission and, if so, which sort.

First Check

1. Are you are within the National Park Boundary?  If your property is NOT within the boundary, you should apply to your local Council instead of us
2. Are you in a Conservation Area?  If you are, additional rules may apply to your development

Household development

The best place to find advice on whether or you not you need planning permission is the planning portal which has simple visual guides outlining common household projects.

If you need further advice or would prefer to speak to someone, please get in touch with us. In many cases a telephone call will suffice.

We have also developed a householder questionaire which includes a set of self-assessment forms for householder applicants to submit to us to determine whether you require planning permission for your development and enables us to respond in writing.  Householder questionnaire (65KB)

Please print and complete this then post it to us or email a scanned copy to planning.service@peakdistrict.gov.uk.  We will process your completed form and let you know if you need to apply for planning permission.

Other types of development

There are other types of application closely allied to planning permission called "prior notification", advertisment consent, listed building consent and conservation area consent.  These are referred to below.

When is planning permission needed?

Planning permission is required for most forms of development. "Development" is defined in Section 55 of the Town and Country Planning Act 1990 as follows:-

"The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land."

Certain works, e.g. internal alterations, and those which do not materially change the external appearance of a building, are excluded from the meaning of "development". Other works of a minor nature and some material changes of use can be carried out as "permitted development" by virtue of the Town and country Planning (General Permitted Development) Order 1995. This provision most commonly applies to extensions to dwellings and industrial buildings. There are currently thirty three classes of "permitted development". Some kinds of "permitted development" need prior notification to the Authority before the works can be carried out, e.g. agricultural buildings and telecommunication equipment.

There is further useful guidance on the need for planning permission on the Planning Portal.  Advice for businesses  Advice for householders

If you are in any doubt as to whether planning permission is required, you can contact the Duty Officer.

Types of planning applications

There are three principal kinds of planning applications - full, outline and reserved matters.

Full application
A full application describes both the uses proposed and the manner in which the development is to be carried out, i.e. materials, design, access and layout details.

Full permissions normally last for three years.

All applications for a change of use, by definition, are full applications.

Outline application
An outline application is used to establish the general principle of a particular kind of development on a site. Outline permission normally lasts for three years but cannot be acted upon until full details have been approved under a subsequent "reserved matters" application. When an outline application is made the applicant can choose whether to seek approval of any of five "reserved matters" or whether to leave them all for subsequent approval. The five "reserved matters" are:-

1. means of access (vehicular and pedestrian)
2. details of siting (layout)
3. details of design (elevations and floor plans)
4. details of external appearance (materials)
5. landscaping (planting, fencing, hard surfacing, etc.)

It is not unusual for applicants to require approval of access and siting, and sometimes it is beneficial for illustrative drawings to be prepared (this is essential for proposals affecting Conservation Areas).

If the Authority decides within the first 28 days of considering an outline application, that some or all of the details are required at that stage - perhaps on a particularly sensitive site - the Authority can hold the application in abeyance until such details are submitted. This is our policy in Conservation Areas.

Reserved matters
A reserved matters application is a submission for approval of details following an outline approval, and cannot be treated in the same way as an application for planning permission. In other words, it is not open for the Local Planning Authority to consider matters, in principle, that should have been considered earlier, and any conditions may only be appropriate to the matters "reserved" for later approval.

Advice before you make an application
The Authority welcomes and encourages discussions before you submit your planning application. Through prior discussions, we will be able to identify issues which you may need to take into account prior to submission which may save you not only time but also money.

Planning Officers are available to provide general advice at the Authority's offices.

Should you wish to discuss specific proposals in detail, you are advised to contact one of the Planning Officers for your area to arrange an mutually convenient appointment.

Listed Building Consent
Certain buildings have been identified by the Department of Culture, Media and Sport as having special architectural or historic interest. They are set out in lists, on a Parish by Parish basis, giving information on the main features of architectural and historic interest. The buildings on these lists are referred to as "listed buildings". These buildings are graded according to their architectural and historic importance, from Grade I as the most significant, to Grade II* and Grade II.

The fact that a building is listed does not necessarily mean that it must be preserved 'in aspic' forever. It does mean that changes should be sensitively managed and the case for its preservation considered separately from the merits of any development proposals. Having to apply to make even small changes does not mean that no changes are allowed. The Authority wants to establish that the work is appropriate and record the alterations.

If you wish to demolish, alter or extend a listed building in a way that is considered by the Authority to affect its 'special character or appearance' then listed building consent must be obtained from the local authority and the application form can be. A justification for the works will be needed as to the effect of the proposals on the special character and appearance of the building. This consent will be in addition to any planning permission or building regulation approval that may be needed.

It is preferable for both the applicant and the planning authority if related applications for planning permission and listed building consent are considered concurrently. It could be the case where planning permission is acceptable and listed building consent is not, or vice versa.

It is a criminal offence to undertake works which would affect the special interest of a listed building without first obtaining consent from the Authority. Punishment for failing to obtain consent can be heavy - imprisonment or a fine up to £20,000 for each offence.

Use the Listed Building Consent Forms for alterations to a listed building, including internal alterations, demolition or partial demolition. All applicants must fill in the Application Certificates. To submit an application online please use the Planning Portal or todownload the application form and guidance notes Listed Building Consent Application Form

Conservation Area Consent
There are 109 Conservation Areas in the Peak District National Park. These are "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance". This designation provides a basis for the protection of the special character of an area.

There are two issues of particular interest in Conservation Areas which generate formal applications and guide the work of the Planning Officers:-

1. Demolition of buildings - conservation area consent is required for the demolition of most buildings in a Conservation Area. This extends to walls and other features. Case Officers will look at whether the loss of the building - and any redevelopment proposals - would serve the interests of preserving or enhancing the character or appearance of the Conservation Area. If approval is given you will often see a condition which requires a contract for redevelopment to be in place before the demolition is undertaken - this is to prevent unsightly vacant gaps being opened up in Conservation Areas.

2. Trees in Conservation Areas are given special protection in recognition of their contribution to the special qualities of these areas. The Authority must be given 6 weeks notice of the intention to undertake works to a tree. Within that period, the Authority can consider whether to make a Tree Preservation Order.

Advertisement Consent
Applications for the display of advertisements are made under the Town and Country Planning (Control of Advertisements) Regulations 1992 in a similar way to planning applications. These applications do not have to be publicised but it is the practice of this Authority to do so.

There are three basic classes of advertisements:-

1. those to which the Regulations do not apply which do not, therefore, come within the controls
2. those which can be displayed with deemed consent (i.e. which do not require an application)
3. those which can only be displayed with express consent (i.e. requiring an application).

Advertisements can be controlled only on the basis of visual amenity and public safety. The content or wording of an advertisement is not subject to control.

An advertisement with deemed consent can be challenged by the Local Planning Authority by serving a Discontinuance Order. There is a right of appeal.

An express consent lasts for a period of 5 years after which the approved advertisement has the benefit of "deemed consent".

Please read the advertisement consent checklist to learn what is required for the erection or display of a sign, fascia sign, notice or advertisement.

Certificates of Lawful Development

If you require a formal decision as to whether existing or proposed development is lawful, then you can submit an application for a Certificate of Lawfulness. There are two kinds of certificate that can be applied for - Certificates of Lawful Existing Use or Development, and, Certificates of Lawful Proposed Use or Development.

The planning merits raised by these applications are not for consideration. It is simply a matter of evidence, fact and legal consideration. These applications do not come before the Planning Committees and are dealt with under delegated powers by the Authority's legal team.  

It is important to note that the onus is on the applicant to prove the case by supplying sufficient clear and precise evidence to satisfy the Authority that a Certificate should be granted. The test to be applied to that evidence is the ‘balance of probability’.

If the evidence provided with the application is considered to be inadequate, then the application is likely to be refused on the basis of lack of evidence. This would not prevent a further application should more clear and precise evidence become available.

In most cases the Authority is unlikely to request further information from applicants, as this causes unacceptable delays in the processing of applications.

Applicants are therefore strongly advised to provide as much clear and precise evidence as they can when submitting the application. Legal officers are happy to provide pre-application advice in this respect.

Certificates of Lawful Existing Use Or Development

This procedure allows a person to make a formal application for a Certificate to determine whether an unauthorised development has become lawful through the passage of time, and can be continued without the need for planning permission.

A Certificate of Lawful Existing Use or Development can be obtained where:-

1. There has been a continuous use of land or buildings (other than a dwelling) for more than 10 years.
2. A condition or limitation on a planning permission has not been complied with for more than 10 years.
3. Building or other operations have been completed for more than 4 years
4. A building (not land) has been used as a dwelling for more than 4 years.

Obtaining a Certificate will have the effect of proving that the development is lawful, and protect the development from enforcement action. If a Certificate is granted, it will be worded to precisely identify the the full extent of any lawful uses, operations or other matters, and will include a plan to show the land and/or buildings in question. Refusal of an application may raise questions of whether the applicant should submit a retrospective planning application and/or whether the Authority should consider enforcement action.

The Certificate of lawful use for an existing use or development checklist (Form PC6 - 35KB)   advises what information needs to be submitted with this type of application. Pre-application advice is also available from legal officers.

Certificate of Lawful Proposed Use or Development
A Certificate of Lawful Proposed Use or Development will clarify whether a proposed use or development requires planning permission, or whether a proposed development already has planning permission i.e. permitted development, or is lawful by some other reason.  Approval will confirm that the use, operations or other matter applied for would be lawful if carried out in the manner stated in the Certificate. A refusal will point to the need for an application before the use, operations or other matter, are undertaken.

The Certificate of lawful use for a proposed use or development checklist (Form PC7 - 21KB) advises what information needs to be submitted with this type of application. Pre-application advice is also available from legal officers.

Prior notifications

Some specified types of "permitted development" must be formally notified to the Authority in advance, and the Authority has 28 days in which to call for a formal application. These are as follows:-

Agriculture - for the erection and extensions of buildings and for excavation and engineering operations, of up to 465 square metres, on holdings exceeding 5 hectares and for other minor works on smaller holdings. The Authority must decide within 28 days whether to request details of siting, design and external appearance of the works. The Authority cannot oppose the principle of the development, it can only control the detailed siting and design.

Forestry - similar provisions apply to the erection/extension of buildings, the construction of farm roads and other operations.

Telecommunications - for the erection of masts up to 15 metres in height, for specified operators there are similar requirements to formally apply to the Authority to determine whether prior approval of siting and appearance is required.

Demolition of dwellings - giving the Authority the opportunity to request details of the method of demolition and proposed restoration.

Tree Felling within Conservation Areas - in these cases, the Authority has 6 weeks within which it can authorise the work or control it by making a Tree Preservation Order.

Hedgerow Notifications - again, the Authority has 6 weeks to determine whether the intended removal of a hedgerow should be controlled. The circumstances in which control can be exercised are, in practice, very limited.

Related pages

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Tel: +44(0)1629 816200 Fax: +44 (0)1629 816310 Email: customer.service@peakdistrict.gov.uk