WHAT COULD AFFECT YOUR PLANNING PERMISSION?

Article 3 Restrictions

What is an Article 3 Restriction?

The Town and Country Planning (General Permitted Development) Order 1995 automatically grants planning permission for certain types of development, subject to specified conditions and limitations provided for in Article 3, Schedule 2 of the General Permitted Development Order 1995.  These types of developments are generally regarded as being non-controversial and usually acceptable.

It is important to consult the relevant type of development, which permitted development rights are conferred, as set out in Schedule 2, of Article 3 of the Order, in order to establish which if any of the classes referred to within that part relate to what you are proposing.  The Order has been amended a number of times and when checking to find out what constitutes permitted development it is very important always to check the latest amendment.  It is also important to recognise that certain permitted development rights are granted subject to limitations or conditions, and for this reason must be closely consulted before any development is carried out to determine the extent of the rights.

The list of permitted developments in Schedule 2 are very long and very complex.  The Schedule is divided into 33 Parts.  Most Parts are further sub divided into Classes A, B, C etc.

Examples of permitted development include many routine operations undertaken by Local Authorities or statutory undertakers on their operational land, the temporary use of land for purposes, a variety of agricultural development and building or other operations (except dwellings) for forestry purposes on land used for forestry.

Article 4 Directions

What is an Article 4 Directions?

An Article 4 Directions prevents people exercising 'permitted development' rights i.e. development which does not need planning permission, in certain circumstances.

Certain types of development can be carried with out the need for planning permission.  This is known as 'permitted development', and covers a wide range of minor developments by householders, farmers and foresters.  It also includes development by 'statutory undertakers' - this term covers a wide variety of public bodies, such as electricity, water and gas providers.

In some circumstances, the Council may wish to prevent people from exercising these rights in order to retain control on the way in which the development is carried out.  This does not necessarily mean that it is against such development, but just that the Council wishes to exercise control over new developments.  An example might be where the particular design or the materials used for say a new housing development area of such high quality that the council feel that they should be protected from alterations that would otherwise be permitted development.  This is usually done by means of a direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (Statutory Instrument 1995, No 418).

The Government's policy is that 'permitted development' rights should only be withdrawn in exceptional circumstances, i.e. where there is evidence of a real and specific threat to an interest of acknowledged importance.

The Development Control team offers a free planning enquiry service and strongly recommends that you get confirmation in writing as whether a particular development required planning permission or whether it benefits from these permitted development rights.

Be aware that an Article 4 Direction may have been issued - restricting your permitted development right, and you should contact the Planning Department to establish if this is the case.

The Development Control team will give you confirmation of this in writing only if you send us the enquiry by email to dc@sunderland.gov.uk or in writing to Development Control Section, PO Box 102. Civic Centre, Sunderland, SR2 7DN.

Homeowners should use the PE1 (PDF163kb) form, to assist them as it sets out a number of specific questions, which will help the Planning Officer respond to your enquiry

Contaminated Land

What is Contaminated Land?

Where substances are introduced into, or onto land where they would not normally be, then that land could be contaminated.  The term contaminated land therefore covers a wide range of situations where land is contaminated in some way.  In a small number of this situation where certain criteria are met, a site might be determined as contaminated land, which has specific legal definition set out in Part IIA of the Environmental Protection Act.

Throughout the United Kingdom there are thousands of sites that have been contaminated by previous uses.  Often this is associated with industrial processes or activities that have now ceased, but where waste products or remaining residues present a hazard to the general environment.  There is increasing pressure to reuse land which is affected by contamination rather than develop Greenfield sites such as parks or woodland.

For more information about contaminated land you can visit the following websites:

Environment Agency

Listed Buildings

What is a Listed Building?

A listed building is a building identified by the Development of Culture, Media and Sport (DCMS) as being of architectural or historic interest, usually on the advice of English Heritage.  This can be anything from a major building such as a cathedral to a humble Sunderland cottage.  Even an individual boundary stone or lamppost can be listed.  English Heritage will request an inspector to assess the building, after which a recommendation is sent to the DCMS.

Why do buildings get listed?

Some buildings are listed because they have been designed particularly well, or they may be one of a kind.  Although a building may not appear outwardly to be of particular note, it can be listed if its interior is of particular note.  Other buildings might be listed if they are associated with important events in history.

When does a building qualify for listing?

Buildings that qualify for listing are:

Most buildings from 1700 and 1840, though selection is necessary.

Selected buildings of high quality between 1914 and 1939 are also considered and particularly important post-war buildings more than thirty years old are also eligible.  In choosing buildings, particular attention is paid to: Special value within certain types, either for architectural or planning reasons or as illustrating social and economic history (for instance, cast iron, prefabrication, or the early use of concrete).  Group value, especially as samples of town planning (for instance, squares, terraces or model villages).  Association with well-known characters or events.

What is the Point?

Important buildings need to be protected so that everyone can enjoy them.  They often add character to an area, and sometimes they can even tell us how buildings were built hundreds of years ago using local materials, techniques and features peculiar to the area.  It is these buildings that give a locality its distinctive character and a quality of belonging to that place.  However, once an important building has been demolished it is lost forever.

How does it affect me and where can I find this information?

If you live or work in a listed building and you want to alter it in any way, inside or out, you should first talk to a Planning Officer from the Civic Centre.  They will be able to tell you whether or not you can carry out the work and, if you need permission from the council, you will be required to make a Listed Building Consent application.  It is a criminal offence to carry out any alterations to a Listed Building without getting permission from the council.  The Local Planning Authority at the Civic Centre in Sunderland holds a copy of this booklet.  There should also be a copy at the City Library in Fawcett Street.

What else do I need to know about Listed Buildings?

Listed Buildings are given a grade depending on how important they are:

Grade II These are buildings of special interest, which warrant every effort being made to preserve them.

Visit the following sites for more information:

Search for Listed Building in Sunderland

English Heritage

DCLG

Conservation Areas

An introduction to Conservation Areas

Sunderland City Council is fortunate in having many fine buildings and areas distinguished by their architecture and history, creating an environment that is often the product of many generations.  Such areas are unique examples of our social, cultural and aesthetic history and must be safeguarded from indiscriminate or ill-considered change.

The design of a Conservation Area is an acknowledgement of an area's special quality and significance; a recognition of the roll that the buildings and spaces have played and continue to play in the architectural, social and historic development of a town or village.  It is also an undertaking on the part of the Council to conserve all that is of merit, to enhance the area generally and to ensure that all new developments are in harmony with, and contribute positively to their special character.

The Civic Amenities Act of 1967 introduced Conservation Areas, they have been reaffirmed in the Planning Acts of 1971 and 1990 which require every local planning authority to '...from time to time determine which parts of their area are of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance..' and to designate such areas as Conservation Area status.

Conservation Areas usually contain a number of properties included in the statutory List of Buildings of Special Architectural or Historic Interest.  It is not always enough just to protect these buildings in isolation; their surroundings and settings are often of equal importance and may be protected and enhanced by Conservation Areas status.

The historic built environment is always vulnerable to the eccentricity and insensitivity of those who use it.  Along our most attractive streets, the loss of an old building, the erection of a poorly designed building, the felling of trees or even a garish painting scheme can have a jarring and disturbing affect.  Accordingly a greater measure of control over changes in the street scene is afforded to a Local Authority within a Conservation Area than is otherwise available through the normal planning processes. 

Should you require any further information contact our Conservation Team on 0191 553 1515 or email at implementation@sunderland.gov.uk.

Flood Risk

What is Flood Risk?

Flooding is a natural event.  It occurs when there is very heavy rainfall that fills rivers and streams above their normal capacity, or if there are very high river or coastal tides that cause levels to rise and surge.  The excess water that gathers cannot be restrained by normal boundaries (such as river embankments) and follows the path of least resistance.

This means areas that are low lying and close to source of a flood will be the most vulnerable.  Floods can also occur when rainwater collects on the ground and cannot find a source to drain into.  A typical example is surface water rub off. (for example, if you are located at the bottom of sloping ground or a hill). Localised flooding mainly happens when the ground cannot absorb any more water in a particular area or if sewers and underground drains become blocked or cannot cope with the excess water trying to drain into them.

When we talk about the flood risk we mean:-

The impact or consequences that will result if the flood occurs.

It is important to know both how high the probability is of flooding occurring and the severity of any impact (which may change depending on how extreme the flood is).  Only by depending both for a range of flood events of different sizes can the risk to a particular area be assessed.

For more information about flood risk you can visit the following websites:

Environment Agency - Flood Risk Information

DCLG - Flood Risk Information

AREA OF OUTSTANDING NATURAL BEAUTY (AONB)

What is an Area of Outstanding Natural Beauty (AONB)?

An area with statutory national landscape designation, the primary purpose of which is to conserve and enhance natural beauty.  Together with the National Parks, AONB represent the nations finest landscapes.  AONB are designated by the Countryside Agency.

Sunderland does not have any of these designated areas.

For further information on Areas of Outstanding Natural Beauty you can visit the following website: -

Natural England

TREE PRESERVATION ORDERS (TPOs)

A Tree Preservation Order (TPO) is an order made by a Local Planning Authority, such as Sunderland City Council, which in general makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from the Local Planning Authority.

Tree Preservation Orders are usually made to protect trees which make a significant contribution to the amenity of an area. They may particularly be made when it is felt that a tree may be under threat.

To find out more on TPOs please click here

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