Planning constraints

Planning constraints

When we consider a planning application for proposed development, we have to take into account various planning constraints which can affect our decision, these include:

• Flood risk zones
• Contaminated land
• Tree Preservation Orders (TPOs)
• Article 3 restrictions
• Article 4 directions
• Conservation Areas
• Listed Buildings
• World Heritage Site
• Hazardous sites
• Assets of Community Value
• Areas of Outstanding Natural Beauty

Flood risk zones

These are areas of land identified by the Environment Agency (EA) and the Council Land Drainage Team as potentially at risk of flooding. The EA categorizes the areas into flood zones. The extent of the risk will depend on which flood zone the land falls into. For further information on these flood zones please use the Environment Agency website and visit our Land Drainage teams section

If a proposed development falls within a Flood Risk Zone, a Flood Risk Assessment (FRA) may be required to be submitted with the application. Applicants should check the Environment Agency website for further advice, noting particularly the 'standing advice' where appropriate. The Council's Land Drainage team can also be contacted for advice as to what information you should include in the FRA. If the application does require a FRA and it is not included with the application, it will not be considered as a valid application.

When a FRA has been submitted with an application, we will as part of the application process, consult with the Council’s Land Drainage Team as Lead Local Flood Authority and the EA if required for their opinion or utilise their standing advice, as appropriate.

Any Planning permission granted on a site in a Flood Zone may be tied to any mitigation strategy as outlined in the FRA or by suitably worded planning conditions.

Related Policy: CP2

Contaminated land

If you have concerns that a site may be contaminated from a previous use, please contact our Pollution Control Team. If a proposed development site is likely to be contaminated, we may ask for a Contaminated Land Survey to be included with the planning application.

This could have implications for the nature of uses on a site and the siting of buildings. Any reasonable mitigation works could be conditioned as part of a planning permission. There may also be responsibilities under separate legislation with regard to contaminated land issues. Our Pollution Control Team will be able to advise.

Related Policy: CP10

Tree Preservation Orders (TPOs)

Find out more about TPOs and applying to carry out works to TPO trees.

We have an interactive map with the location of all Derby City Councils TPOs.

If a proposed development site contains protected trees or protected trees overhang the site; this could have an impact on the siting, layout and design of any development proposal.

We want to keep trees wherever possible. If your proposal involves the loss of, works to or works close to protected trees, you should include with your application a Tree Survey/Arboricultural Statement, justifying this proposed work.

As part of the application process we will consult with our Arboricultural Officers for their opinion on the proposed works. If planning permission is granted for the development, any works to the protected trees will be agreed and enforced through the use of planning conditions. We could also include conditions for the protection of any remaining trees protected by a TPO during construction works. 

Article 3 restrictions

The Town and Country Planning (General Permitted Development) (England) Order 2015 automatically grants planning permission for certain types of development on domestic dwellings, subject to specified limitations provided for in Article 3, known as permitted development rights. However, these rights can be partially or completely restricted. We could do this by condition on a planning permission where appropriate.

If these restrictions are applied to a property a planning application would need to be submitted for the works. You are advised to check with the Development Control Team regarding the removal of permitted development rights for your particular property.

Article 4 directions

Within Derby, Article 4 Directions have been made to further protect properties within the city's Conservation Areas. Certain works that would normally be "permitted development", are subject to Planning permission.

For further information on what works now require Planning Permission please see our Conservation Area FAQs.

The Article 4 Directions do not restrict the change of the use of properties.

Related Policies: CP20

Conservation Areas

If a proposed development site falls within a Conservation Area we may consult with our Built Environment Team and the Conservation Area Advisory Committee.

You can search for Conservation Areas in Derby using Derby Maps.

Related Policies: CP20

Listed Buildings

The 'Listing' of a building simply means that changes to it are subject to special control through the planning system. Although internal alterations do not normally require planning permission they could well need Listed Building Consent. Certainly the removal of historic features such as fireplaces, stairs, decorative plasterwork or panelling will usually need Listed Building Consent.

If there is a Listed Building on a proposed development site, as well as any application for planning permission, Listed Building Consent will be needed for any works which affect the special character of a listed building. This includes its setting. Listed Building Consent is different from planning permission. The two systems are quite separate although in practice the same drawings and information can often be used, provided that they contain sufficiently detailed information. It is the responsibility of the applicant for Listed Building Consent to make the case for the proposed alterations.

We will look at the proposals in their entirety and as part of the process we will consult with our Built Environment Team, the Conservation Area Advisory Committee, and sometimes Historic England and other National Amenity Societies.

We will give approval for works only if we are satisfied that these are compatible with the special character and architectural interest of the building.

Related Policies: E19 (saved from CDLPR 2006), CP20

World Heritage Site

The Derwent Valley Mills World Heritage Site (WHS) extends approximately 15 miles along the river Derwent, from Masson Mill, Matlock Bath, to the Industrial Museum, formerly Lombe's Silk Mill, in Derby. It includes Darley Abbey: the mill complex, the historic village and its church, Darley Abbey Park and the flood plain of the river Derwent.

When we receive an application which is within the World Heritage Site we will assess the application for its significance and impact on the WHS. During the process we may consult with  Historic England and other specialist bodies such as The International Council of Monuments and Sites (ICOMOS).

As with all applications for planning permission and Listed Building Consent applications within the World Heritage Site will require a Design and Access Statement.

Related Policies: E29 (saved from CDLPR 2006), CP20

Hazardous sites

Certain sites within Derby may contain or may have previously involved the use of hazardous materials as defined by the Health and Safety Executive (HSE).

When we receive a planning application for development on or near these sites we will consult with the HSE for their advice and guidance. They can deem certain proposed uses as unsuitable for these sites.

Assets of Community Value

The Localism Act 2011 allows recognised community interest groups to nominate land or buildings to be included in a List of Assets of Community Value (ACV). The primary effect in planning terms of an ACV is a moratorium on the disposal of the property. Further to this however, the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 imposes restrictions on the change of use from a public house (Use Class A4) to retail (Use Class A1), financial and professional services (Use Class A2) or restaurant or café (Use Class A3) uses, where the building has been either designated or nominated as an ACV.

If a public house has not been nominated as an ACV and the proposal is to change the use to one of the use classes detailed above, then the developer must send a written request to the Council to confirm whether or not the building has been nominated for a designation as an ACV.

For further information, view our Assets of Community Value page or visit the Planning Portal.

Areas of Outstanding Natural Beauty

The city of Derby does not have any of these designated areas.