Do you need planning permission?

Introduction

The General Permitted Development Order 2015 (GDPO) and its amendments, allows certain types of development or changes of use to be carried out without planning permission.

Get advice on the types of development that might need planning permission at the Planning Portal.

Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area.  It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.  In North Tyneside it was adopted by Full Council on the 22nd November 2018.  The charges will be implemented across North Tyneside's charging areas from 14th January 2019.  North Tyneside's charging zones for CIL can be found here.

  • Most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy.  More information can be found by visiting the Planning Portal.
  • Please note that whilst you may not require planning permission that your development could still be liable to pay CIL.

If you consider that your development is liable to pay CIL, you should complete and submit Form 5 Notice of Chargeable Development

Please note that if your development is liable to pay CIL failure to assume liability could result in a fine and/or legal action.

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 Planning Portal detached house and terraced house pages give useful advice on these restrictions.

The permitted development rights which apply to many common projects for houses don’t apply to flats, maisonettes or other buildings.

Prior approval

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.

Related documents

Notification of a Proposed Larger Home Extension

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 (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).  The fee for this application is £96.00.

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.

Dropped Kerbs/Vehicular Access

If your property is located on a Classified road then planning permission will be required to install a dropped kerb, this includes A, B and C roads.  Consent should always be obtained from our Highways Team before installing a dropped kerb regardless of whether planning permission is required.  Details can be found in our below guidance.

Related documents

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 seven areas in North Tyneside affected by Article 4 Directions. Five of these are within conservation areas.

View details of the affected areas.

Article 3 Directions

Article 3 Directions remove permitted development rights for most forms of development if Environmental Impact Assessment (EIA) is required, as above.

Related documents

Listed buildings and conservation areas

Listed Buildings

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.

Conservation Areas

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.

Apply for proposed use or development.
Apply for an existing use or operation.

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.

Related documents

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.

 

Related documents

Biodiversity Net Gain

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