Pre-application advice for residents
Do I need planning permission?
This is usually the first question we are asked when someone wants to carry out development work at their property. Depending on the changes you want to make, you may or may not need planning permission, some works do not need planning permission and can be carried out under the permitted development rights. As the planning law and guidance is complex we always recommend checking first before starting any work on your property.
To help you with this, the Planning Portal have produced several guides and tools.
If you are still unsure, please contact the Development Control team.
The Development Control Team in Derby:
- pro-actively manages development within the city in accordance with the Development Plan and local/national planning policy, procedures and guidance and encourages the use of pre-application advice (see below)
- provides information and advice on the planning process to all who wish to invest and develop in Derby
- processes all planning and associated applications within the city.
We investigate breaches of planning legislation through the Planning Enforcement Team:
- new buildings
- extensions to existing buildings
- change of use of buildings
- work to listed buildings
- control of certain advertisements and work to protect trees.
Development Control does not control how a building is constructed. Contact our Building Consultancy Team who covers this, and they will help and advise you with the regulations on building construction.
What if my Proposals do not require Planning permission?
Prior Approval Notification Scheme
Even if your proposal does not require Planning Permission, recent Legislative changes have introduced new procedures for some householder extensions. Some proposals may now require you to submit a Prior Approval Notification to the Local Planning Authority A Prior Approval notification application requires only a basic level of information to be submitted to the Local Planning Authority (LPA). Further information and the prior approvals form can be found on the Planning Portal.
Your extension cannot be started until we have notified you that the prior approval has been approved by the local planning authority and/or within 42 days from the submission date.
Lawful Development Certificate for Permitted Development
We advise that you always check in detail that the proposal is permitted development. For a formal confirmation you should apply for a Lawful Development Certificate (LDC), this is not a planning application, however it a formal determination that your work is lawful. This option is well worth considering even if you are sure your project is permitted development. If you should later want to sell your property a LDC may be helpful to answer queries raised by potential buyers or their legal representatives, and will also provide reassurance to yourself that your work is lawful. As this is not a planning application there is no requirement for us to consult the public, however we strongly advise you to talk to your neighbours about your proposal.
Lawful Development Certificate Notes
When we are processing the Lawful Development Certificate application if we deem that the proposal does require Planning Permission you will be notified of this and asked to submit a full planning application.
If you think your proposal does require planning permission, but would like to check if it likely to be approved please fill in a Development Control Pre-application Form and return it with payment and any information or plans you wish to submit at the outset for us to consider. We will not progress your request for advice, until we have received payment.
We recommend the following is submitted with any pre-application:
- Pre-application form
- Supporting statement (outlining development proposal)
- Site location plan
- Any proposal plans (site layout, floor plans, elevations, sections)
- Any relevant surveys/reports carried out.
We take a development team approach and will coordinate a response that includes the views of all internal key participants.
You cannot use this form instead of a Lawful Development Certificate.
All fees are effective from 1 January 2023.
|Very Large development||
more than 4Ha
Offices/industry/retail 10,000+sqm/more than 4 Ha
Other uses: 10,000+ Sqm/more than 2Ha
£3600 + £500 per extra meeting per hour
1 – 4 Ha
Other uses: 1,000 – 9,999 Sqm
(outline 1 - 4 Ha)
|£3000 + £400 per extra meeting per hour|
0 - 1 ha
Other uses: 0-1000 Sqm
|£1560 + £300 per extra meeting per hour|
|Works to Listed Buildings|
|Change of use (not including major developments/engineering work)|
|Domestic Extensions and one dwelling||
Minor commercial extensions (per site)
Advertisement proposals (per site)
|Actual High Hedge applications|
(includes 20% VAT)
|Advice which is not covered by any of the above categories or requires a fee to be agreed with the chief planning officer||A bespoke fee will be agreed in advance based on the likely time taken, the level of experience of the officer as well as other specialists required to provide any such advice|