Other things to consider with your application
IN THIS ARTICLE
- Other factors that may affect your building project
- Quick information on things such as Listed Buildings, TPOs and Party Wall
- Handy links to other websites that provide more information
You don't need planning permission. Or maybe you do. But there are other factors to consider before starting your building project.
Who owns the building, fence or land?
We don't hold land ownership records but you can check the Government's database.
What covenants are on your property?
Covenants for your property should be listed in your house deeds.
You will need to seek independent legal advice if you have any queries.
Do you have a Listed Building?
A "Listed Building" is a building, object or structure that is declared to be of national importance in terms of architectural or historic interest.
- Grade I - of exceptional national architectural or historic importance
- Grade II* - of particular national importance & special interest
- Grade II - of special architectural or historic interest and make up about 94% of all listed buildings
Other permissions you may require
Check if your property is a Listed Building
You will need to apply for Listed Building Consent (LBC) for any work (inside or outside) that would affect its special character and/or appearance.
If you are carrying out repairs on a "like for like" basis, then this is not required.
It is a criminal offence to carry out works without consent.
If you are unsure if you need LBC for your building project.
Submit a Certificate of Lawfulness
If you know you need LBC, but would like specific advice.
If you know you need LBC, but don't want specific advice.
Do you live in a Conservation Area?
A "Conservation Area" is an area of environmental or historical importance which is protected by law.
Some types of work that don't require permission outside a conservation area might need permission inside of it.
Other permissions you may require
Check if your property is in a Conservation Area
If you are unsure if you need permission for your building project.
Submit a Certificate of Lawfulness
If you know you need permission, but would like specific advice.
If you know you need permission, but don't want specific advice.
Is your property in a Flood Zone?
Flood zones are divided into areas based on the probability of that area flooding.
They are categorised by the Environment Agency.
Check if your property is in a Flood Zone
Is your property in an archaeological site?
You will need to get professional advice from an archaeological contractor who will undertake the investigation and prepare a Written Scheme of Investigation (WSI).
We provide a brief for the archaeological investigation but we do not undertake archaeological investigations.
The Colchester Historic Environment Record (HER) is the database of all known archaeological sites and historic buildings in the borough. It is used to identify and assess sites at risk of damage by new development.
Are you building SuDs?
Sustainable Drainage Systems (SuDS) are a type of drainage designed to control surface water runoff in a more sustainable way other than by the use of pipes and tanks.
Does that tree have a TPO?
A Tree Preservation Order (TPO) was designed to protect specific trees or a particular area from damage and destruction.
If your tree is protected, a copy of the order will be with the deeds of your property.
You need our consent to carry out works to a tree if it's protected.
Understand Tree Preservation Orders
Know your Rights of Way
It is illegal to obstruct a Public Right of Way (PRoW).
You can apply to temporarily or permanently alter a PRoW, or even remove a PRoW, but you not allowed to block or interfere with a route.
Public Rights of Way and Essex Highways
Is your property in contaminated land?
Properties on land which is known to be contaminated, potentially contaminated, or where the proposed end use is vulnerable (sensitive) need to be listed in the planning application.
Noise, odour and light
We recognise that building projects will often create noise and we don't want to put unreasonable restrictions on applications.
At the same time, we need to identify and protect areas of tranquillity which have remained undisturbed by noise.
Therefore, we may decide to put conditions into an application. For example, restriction of hours for operation or restriction for hours for machinery.
You should also ensure that there is no adverse impact caused by odour or artificial light.
Council policy on noise, odour and light
Changing the address?
If you want to change an existing address or create an address for a new property, you will need to apply to us.
Street naming and numbering advice
Local Land Charge
A Local Land Charge is a restriction or prohibition on land which is then binding on successive owners of that land.
Do you have a Party Wall?
A "party wall" is when some or all of your property is connected to the boundary of land belonging to two (or more) different owners.
You must let the different owners know if you are about to start a building project.
Owners can agree or disagree with what you propose.
Other permissions you may require
Other things that might affect your property
Our map will tell you about Listed Buildings, Conservation Areas, Tree Preservation Orders, Controls over Alterations (Article 4) and Restrictions on Development.
What to do now?
Apply
If you are unsure if you need planning permission or you want to check if your building project would be a permitted development.
Submit a Certificate of Lawfulness
If you know you need planning permission, but would like specific advice.
If you know you need planning permission, but don't want specific advice.
If you want to apply for Building Control approval.
