When we are assessing any proposal for planning permission we have many constraints which we have to take into account. The constraints inform us about factors affecting the site and who might need to be notified about the application.
They may also mean that we need more information with your application to assess how the proposal will affect any constraints on the site. If you do not submit this information with your application, your application will not be validated.
Planning constraints include:
Some historic areas within the district have been designated as conservation areas and we have a statutory duty to preserve and enhance these areas. Any applications for development within a conservation area will be assessed to consider what impact the development will have on the historic character and appearance of the area.
If your application site lies within a conservation area you will have to include details of the impact your proposal will have as part of a Design and Access Statement.
Over 2000 buildings within the district are listed for their historic and architectural merit. Any proposals to alter or extend these buildings are likely to need listed building consent as well as planning permission. You will also have to set out what impact the proposal will have on the listed building within your Design and Access Statement.
Tree Preservation Orders (TPO's)
Some trees within the district have been protected by a Tree Preservation Order to make sure that trees which contribute to the character of the area are preserved. You cannot do any works to these trees without applying for consent. If a proposal affects trees that are protected we will assess the impact of the proposal as part of the planning application.
Trees in Conservation Areas are also protected and permission will normally required to do works to these trees.
Historic Parks and Garden
There are 4 registered historic parks and gardens within the district
- Thurgarton Hundred Workhouse
- Rufford Abbey Country Park
- Thoresby Park
- Newark Castle Gardens
If your planning proposal falls within or near a registered park or garden you will need to assess what impact your proposal will have on the park / garden and may have to include details of this within your Design and Access Statement.
The extent of the Green Belt boundary is shown on our Policies Map. Applications within Green Belts are carefully assessed to make sure that the open character of the green belt is not affected. If your proposal falls within the Green Belt you will need to assess what impact your proposal will have and may have to include details of this within your Design and Access Statement
The Environment Agency have identified parts of Newark and Sherwood as being at risk from flooding. If you are developing a property that lies within an area at risk from flooding you may be required to provide a Flood Risk Assessment with your application. If you want more information about flooding, including whether your property is within an area at risk from flooding, you can go to Environment Agency website - what's in your backyard.
Sometimes land, particularly within built up areas, may have been contaminated by previous uses such as a petrol station or in association with coal mining. Contaminated land is the term given to land that has been affected by industry and may need large scale cleaning. Our environmental health officers will be able to help you if you think your land may be contaminated.
We will also need a Contaminated Land Survey to be submitted with your application.
Please be aware, they may be other constraints on your property or development which will affect whether you need planning permission, these include Article 4 Directions and Article 3 Restrictions.
Article 4 Directions and Article 3 Restrictions
Permitted development rights are rights allowing certain types of development to be undertaken without the need for planning permission.
Permitted development is allowed by Article 3 of the Town and Country Planning (General Permitted Development) Order 1995, also known as the GPDO.
The current GPDO is divided into 33 parts which set out categories of permitted development. In order for development to be permitted certain criteria must be meet and this is set out in the GPDO. The kind of developments which may constitute permitted without the need for planning permission are:
- Those relating to certain types of building, including alterations to domestic properties, industrial, warehouse and agricultural development
- Those given to certain types of organisations which regularly carry out development, including local authorities, parish councils and statutory undertakers such as water authorities, electricity suppliers and telecommunications operators
Please note the rules are complex and you should always contact us before starting any development.
Removal of Permitted Development Rights
Sometimes we may need to restrict permitted development rights, particularly in sensitive areas, and the GPDO allows us to do this. Article 3 of the GPDO restricts certain permitted development rights. We may use the following measures to restrict or limit permitted development rights:
- By conditions on a planning approval, particularly in sensitive areas such as conservation areas or where additional alterations would affect amenity.
- Through Article 4 Directions which allows the removal of some or all permitted development rights, for example within a conservation area or curtilage of a listed building. We have used an Article 4 Direction in Newark in the Victoria Street area to help ensure windows and doors are replaced in an appropriate manner.
- Through Article 3 restrictions which include the removal of permitted development rights for proposals which would be a Schedule 1 or Schedule 2 application within the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 and which require an Environmental Assessment.