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Do you need planning permission?
Extensions and alterations to residential property
You can carry out certain extensions and minor alterations to your residential property without the need for planning permission. These are called permitted development rights.
The permitted development rights which apply to many common projects for houses don’t apply to flats, maisonettes or other buildings.
Prior approval allows for types of development and changes of use to be carried out without formal planning permission. You must request approval/notification from us before the development/change is carried out.
View a list of changes of use which are subject to the prior approval.
Prior approval for household development
The prior approval process allows for increased limits in relation to single storey rear extensions. The limit is increased to 6m if an attached house and 8m if a detached house until May 2019 (these increased limits do not include properties which fall within Article 2(3) land (Conservation Area), Article 1(5) designated land and Sites of Special Scientific Interest).
These increased limits (between 3m and 6m and between 4m and 8m respectively) are subject to the neighbour consultation scheme and all other relevant criteria being met under the Part 1, Class A of the General Permitted Development Order.
Limitations and withdrawal of permitted development rights
Permitted development rights allow development to be carried out without the need for planning permission.
They may have been removed from some residential properties. This prevents development being carried out without the need for planning permission.
A list of these properties can be found at the bottom of this section.
The lists aren’t definitive. Check with us if your property is not on the list and you are unsure if your permitted development rights have been removed.
Permitted development rights aim to exclude relatively minor development proposals from planning controls. However, in some areas of the borough the impact of even minor development in protected or sensitive environments means that the GPDO allows some permitted development rights to be withdrawn or limited in certain circumstances, as below.
- in conservation areas, and certain other specified or designated areas such as National Parks and Areas of Outstanding Natural Beauty (AONB)
- by conditions, exclusions and limitations applying to specific rights
- through Articles in the GPDO, including Article 4 which gives local authorities powers to remove permitted development rights, and Article 3 which removes permitted development rights for most forms of development if Environmental Impact Assessment (EIA) is required
Article 4 Directions
Article 4 Directions give local authorities powers to remove permitted development rights as above. There are six areas in North Tyneside affected by Article 4 Directions. Five of these relate to conservation.
Article 3 Directions
Article 3 Directions remove permitted development rights for most forms of development if Environmental Impact Assessment (EIA) is required, as above.
Listed buildings and conservation areas
If your property is listed you will be required to submit an application for listed building consent before any internal or external alterations/development can be carried out to that property.
Call us on (0191) 6432310 to see if your property is listed or alternatively you can visit Tyne and Wear Site Lines.
In some areas of the borough (for example, if you live in a conservation area, also referred to as Article (2)3 land) permitted development rights are more restricted. This means that you may need to apply for planning permission for certain types of work which do not need an application for planning permission in other areas. These restrictions are set out within Schedule 2 of the relevant Part and Class (for the specific type of development) of the General Permitted Development Order 2015 (as amended). Alternatively further information regarding permitted development rights can be found by visiting the Planning Portal.
Further information regarding listed buildings and conservation areas ((Article (2)3 land) can be found by visiting our Conservation and Design pages, a list of our conservation areas can also be found here.
(The General Permitted Development Order 2015 (as amended), Schedule 1 Part 1 sets out that Article 2(3) land is land within an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas); an area of outstanding natural beauty; an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside)(a); the Broads; a National Park; and a World Heritage Site.)
Getting advice from us
We don’t offer free advice as to whether planning permission is required. If you wish for us to determine if you need planning permission to carry out works on any property or land, you will need to submit a formal application for a Lawful Development Certificate.
This is a statutory decision by the planning authority and will provide a legal determination as to whether or not planning permission is required.
Although you may not need planning permission for certain works to your property, a licence must be obtained from us before any works are carried out on the footway, carriageway verge or other land forming part of the highway. Call the Highway Maintenance Department on (0191) 643 6130 for further information.
Swan Hunters Local Development Order (LDO)
This document allows businesses to erect buildings and carry out operations (subject to certain conditions) without planning permission. The LDO will operate for ten years and will then be monitored and reviewed on an annual basis.
Download a copy of the LDO below.