3. Do I Need Permission

You can make certain types of minor changes to your house or business without needing to apply for planning permission. These are called permitted development rights and often apply provided the affected building is not a listed building.

The council does not provide advice on permitted development rights.  Please note it is up to you to determine whether planning permission is required or not.  Failure to apply for planning permission, when required, could result in enforcement action.

The only way the Local Planning Authority can confirm in writing whether planning permission is required or not is through the submission of a Lawful Development Certificate, for which there is a fee.  You can find out more on how to apply for a Lawful Development Certificate on our website or on the Planning Portal. If you apply for a Lawful Development Certificate prior to any works commencing then the cost is half of the planning fee, following works commencing it is a full planning fee.  If as a result, it is determined that planning permission is required, you would then need to submit a full planning application for the proposed works with a full planning fee. 

Permitted Development Rights & Habitats and Species Regulations (2017)

Article 3 of General Permitted Development Order, permits development subject to the provisions of the Town and Country Planning (General Permitted Development) (England) Order and Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017.

Regulation 75 of the Conservation of Habitats and Species Regulations requires development permitted under the general permitted development order to make an application to Natural England or the Local Planning Authority to give their opinion as to whether the development is likely to have a  significant effect on a European site.  

Development must not be begun until the developer has received written notification of the approval of the Local Planning Authority under Regulation 77 (approval of Local Planning Authority).

On this basis, the Council recommends that a Regulation 77 application be submitted alongside any application located within or affecting:

•    Cannock Chase Special Area of Conservation (SAC),

Applicants may wish to make an application under Regulation 76 first in writing to Natural England for their opinion as to whether the development is likely to have a relevant effect (i.e. a significant effect on a European site or a European offshore marine site).  The application to Natural England must give details of the development which is intended to be carried out.  Natural England will then consider whether the development is likely to have such an effect. 

Any works carried out without the required Regulation 77 approval may be deemed unlawful.

 

Advice on the planning portal

The Planning Portal's interactive guidance for householders is a great tool that's designed to help you understand what needs planning permission. The Planning Portal website also has guidance on planning and building regulations for a list of common projects.

You can also find out how much you will pay for your planning application using the Planning Portal's online fee calculator.

Other Circumstances to Consider

Depending on where you live, you may need additional permissions/consents, or you may need planning permission even if people living elsewhere don’t.  Examples of this include listed buildings, external works to buildings in conservation areas and buildings where permitted development rights have been withdrawn.

In exceptional cases, permitted development rights may have been withdrawn from a property. In these circumstances, a planning application may be necessary. To find out if this is the case please Contact Us with details of your proposal and your address.

Non-residential development

If your proposal is for a business or commercial venture you may wish to consider the advice on the Planning Portal or seek pre-application planning advice.  For example some forms of commercial development and changes of use may not require planning permission.

Always check

The laws governing whether or not planning permission is required are complex, therefore it is always advisable to consult us prior to undertaking development to check whether planning permission is needed. If you are at all unsure about whether you need to apply for planning permission please Contact Us.

Please be aware that it is not possible to tell you over the phone whether or not planning permission is required. You will need to write to the Council with specific details of your proposal to avoid any confusion.

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