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Do I need planning permission and will I get it?

Find out if you are likely to need planning permission and if it will be granted.

Not all developments need planning permission, such as:

For more about this (and permitted development rights), visit: Do you need permission.

Larger house extensions and some other changes of use are covered by 'Prior approval' procedures.

For more on this, visit: Planning Portal.

Does my building have permitted development rights?

Unlike residential dwellings, apartments, maisonettes and flats do not have the same permitted development rights as houses.

The Council has the power to withdraw permitted development rights, when granting planning permission. This would be done by attaching a condition to a planning permission. When conditions are attached to a planning permission they are listed on the decision notice for the application. You can view decision notices by viewing the Documents tab of an application: Search planning applications.

The Council can also introduce an Article 4 direction (under Question 3.9j). This restricts the scope of permitted development rights to a particular area or type of development. If this happens, then planning permission may then be required.

You may also need to apply under different consent regimes and consider:

Lawful development certificate (LDC) for a proposed development/use (Section 192)

You can request a Lawful Development Certificate (LDC) for a proposed development or use. Decisions are made within eight weeks of getting all the documents and fees that are needed. The LDC gives written confirmation of whether the Council considers your proposal to be lawful. This can be kept with your deeds and used in the event of the sale of your property.

There is a right of appeal to the Planning inspectorate against any decision which is made on an LDC.

Requesting a LDC

The form can also be sent to Planning Services.

The fee should be paid at the same time. This is half the cost of a planning application fee, see: Planning fees calculator.

  • If you submit your application on the Planning Portal, you will need to pay at the point you submit it.
  • If you email your application to us, you can pay by credit/debit card over the phone, call: 01422 392237.

Note: Before you submit a request for an LDC, please read the planning applications privacy notice. This explains how we will deal with your information.

Supporting paperwork

Along with the completed form, we also need a location map. This must have the application site outlined in red. Any other land in the same ownership should be outlined in blue. A scale of 1:1250 is preferable, but no less than 1:25000 and include the North point.

Ordnance Survey plans can be purchased by visiting: Planning Portal.

More is needed, but this depends on the proposal:

Residential properties

Drawings of the proposal, to a scale that can be recognised, such as 1:500. Also include dimensions (this would not apply to proposed changes of use), which should include:

  • Where the application relates to a proposal to increase the amount of floor space at a domestic property. Dimensions (width and length) of existing extensions and outbuildings that did not form part of the house when first built. (For such as a garage, outbuilding or extension.) This is needed, unless they are original to the house or were added before 1948.
  • Width and length, height to eaves and overall height of your proposal.
  • Dimensions to site boundaries from your proposed development.
  • Details of the proposed materials.

Change of use

  • Details of the existing use and how long it has been used for this purpose, if known.
  • If the site is entirely in this use or if it is mixed use (include all land uses).
  • Details of the proposed site.

Advertisements

  • Dimensions of any advertisement.
  • Details of the positioning of any advertisement.
  • Details of any illumination.

Other proposed developments

  • Drawings of the proposal, to a scale that can be recognised, such as 1:500 (include dimensions).
  • Any other details relevant to the proposed development.

Planning history

Our online Planning Application System can provide details of the planning application history on a site back to 1974.

Under the 'Documents' tab you can find related information. Where there are no documents displayed, they are either on microfiche or in our Archive system. For pre-1974 records, application numbers can be found on plotting sheets that cover the whole of Calderdale.

If you find the application numbers, to make a request, email: planning.applications@calderdale.gov.uk. We can then get the key documents from the files put online. (Please note: Microfiche documents are not perfect.)

We can provide the planning history of a site for you. The cost of this service depends on the time period and type of property/site:

Property Records searched Charge
Single house Digital planning history records back to 1977. £48
Single house Digital planning history records back to 1977 and other non digital records back to 1948 (where available). £72
All other properties or sites Digital planning history records back to 1977. £78
All other properties or sites Digital planning history records back to 1977 and other non digital records back to 1948 (where available). £114

Please read our planning pre-application enquiries - privacy notice, which explains how we handle your information.

Will I get planning permission?

The information on this website and the Planning Portal offers guidance.

When we consider an application, we look at:

  • Responses received from any bodies that we have consulted.
  • Representations received about the application.
  • Site allocation on the Local Plan map to see if the proposal would be accepted in principle.
  • Calderdale Local Plan (CLP) policies that relate to the allocation and your type of proposal. For more about this, please visit: CLP Written Statement.
  • Relevant National planning policy framework (NPPF) policies.
  • Planning history of the site for issues raised in the past that we need to be aware of. (To find this, see: Search and comment on planning applications.)
  • Constraints on the site that raise potential issues that would need to be addressed. This could be things like a Bat alert area or Flood risk zone. (To find this, look at other applications submitted near your site, see: Search and comment on planning applications).
  • The impact on the landscape or townscape and if is a Design review is needed?

Design review

For proposed developments likely to have a major landscape/townscape impact, include a formal design review in the application. Check with Planning Services as soon as you can to see if you need one, email: planning.applications@calderdale.gov.uk.

It can speed up the planning process by resolving any problems early in the process.

For more about design review principles and practice, visit: Design council: Design Review: principles and practice.

Local Authorities should have Local Design Review arrangements in place. This is a requirement set out in paragraph 62 of the National Planning Policy Framework.

Major developments

Submit a proposal

For proposals, we can give a response to see if permission is likely to be granted.

This service costs £1,325 (inclusive of VAT) and can include up to two meetings. If more time is needed, the fee will need to be agreed.

Please read our planning pre-application enquiries - privacy notice, which explains how we will deal with your information.

Proposals are defined as:

  • Creation of 10 or more new dwellings or residential development sites of 0.5 hectares or more.
  • Creation of 1,000 square metres or more of new floor space.
  • Site area of 1 hectare or more.
  • Applications for the winning and working of minerals and associated landfill operations.

You can submit your request by email to: planning.applications@calderdale.gov.uk or send by post to planning services.

With your request, please include:

  • Your name, address and contact details.
  • A map showing the location of the proposal.
  • Details of the nature of your proposal.

We will process the enquiry when we receive these details and the payment. You can pay by credit or debit card over the phone 01422 392237.

Your proposal will take at least five working days to be assessed. We tell you which planning officer will handle your enquiry and give you a direct phone number/email address. You should then contact the officer to arrange a convenient appointment time.

Sometimes the planning issues may be easy to identify, in which case a meeting may not be needed. The planning officer will be able to advise about this when you phone/email.

Note: We will send a response out within eight weeks.

Submit an application

You can also submit an application. If you do this, we will write to you if we need more information/fee to make your application valid.

Your application will be assigned to a planning officer who will contact you if:

  • it is unlikely to get planning permission;
  • or if it would be accepted with amendments.

Please note: It will take around 13 weeks for a decision to be made.

If your application is refused, you have the choice to submit it again with no charge, if:

  • the description of the proposal and application site stay the same;
  • and you re-submit within one year from the date of the refusal.

Speak to your case officer to discuss ways to overcome reasons for refusal.

For more about this, see: Apply for planning permission.

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