Potential Constraints

If you are considering a change of use it is important to bear in mind that as well as needing to meet the relevant planning criteria, there are often hidden constraints which may either remove your permitted development rights or make it much more difficult to get planning approval.

The list of potential constraints that could negatively affect your project is almost endless and will depend entirely on what you want to do and where your site is located.

Some common examples of constraints include article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights, meaning everything needs full planning approval.

This can literally mean there could be two houses in the same town doing the exact same development and one could be built under permitted development while the other needs full planning permission.

In some circumstances, specialist reports also need to be submitted with all the normal supporting evidence and planning drawings. The most common specialist reports include heritage statements, flood risk assessments, transport surveys, wildlife reports and as well as many others.

For example, if the property is located in a flood risk zone, then it is likely that a flood risk assessment report will be required. If the development has the potential to disrupt wildlife such as birds or bats, then a wildlife survey and report will be required. If you live in a conservation area planning is usually strictly controlled and therefore a heritage statement will likely be necessary.

If the building is listed in addition to securing planning approval you will also require listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence.

If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission.

Unfortunately, many of the constraints that might affect your change of use are hidden. Planning applications can be quite subjective and it is essential that a any constraints are addressed with supporting evidence and reports which clearly demonstrate why your project is permitted development or should gain planning approval.

If you are in any doubt about whether or not there are any constraints that could affect your change of use or would like us to help prepare and submit your application on your behalf please contact us today to speak with one of our expert planning consultants.

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