Do I need planning permission and will I get it?

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:

• Building regulations.
• Business licences.
• Conservation areas controls.
• Listed building consent.
• Tree Preservation Orders.

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

• Visit: Submit an online planning application;
• or send your application form by email: planning.applications@calderdale.gov.uk.

Lawful Development Certificate application form(PDF 552KB)

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.

To buy Ordnance Survey plans, visit: 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.

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:

To find out how we handle your information, please see: planning pre-application enquiries - privacy notice.

Planning applications can take time to prepare. They will also cost money to submit. In most cases there is a planning fee. You may have to pay for plans to be drawn and reports to be prepared. Before you submit an application it could be useful to see if you are likely to get permission.

There are a number of options available to help you with this.

Own Research

Answer these questions to help you find out if there are likely to be issues with your application:

• What is the site allocated for on our adopted Local Plan. Would the proposal be acceptable in principle?
• What Local Plan Policies apply to the site and the type of development that is being proposed? Would the proposal meet them?
• Have there been similar applications on the site in the past? Were they approved or refused. If they were refused does your proposal overcome any issues? You can find out if there have been other applications on the site on our online planning application system.
• What are the constraints that affect the site. Different policies apply, for example if the site is in a Conservation Area. For Constraints that affect a site, find applications that are close to yours via our online planning application system.
• Is the building listed? To check this, visit: Historic England.
• Will the biodiversity of the site be affected and what implications does this have. For more about this, visit: Guidance on Biodiversity (GOV.UK).

Pre-application Advice Service

Note: This is provided by our Planning Service for which there is a fee to pay.

It helps you find out if your development is likely to be accepted. It also highlights key issues before you submit a formal application.

The advice will help to improve the quality of your application. In turn, it will reduce the likelihood of issues arising after it has been submitted. It will also help us to decide the outcome as quickly as possible.

We offer different types of advice for: Major Applications, Listed Buildings and Biodiversity.

To submit a request for pre-application advice, please email: planning.applications@calderdale.gov.uk.

To find out how we handle your information, please see: planning pre-application enquiries - privacy notice.

We will process you enquiry when we receive the required details and payment.

• To pay by credit or debit card, visit: Online Payments. (Select 'Miscellaneous Payments', then Information/Advice, which includes pre-application advice/DTA's.)
• For fees, please see: Planning service charges.

Major Applications

Major 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.

Your proposal will take at least five working days to be assessed. We will 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.

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.

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

Listed Buildings

If you want to change a listed property, internal or external, consent may be required.

With your request, please include:

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

Please note: The more information you include the more comprehensive our response can be.

Enhanced Service

1. Sometimes the issues may be easy to identify, in which case a site visit/meeting may not be needed. The Conservation Officer will be able to advise you of this.
2. The enhanced service means that your application is guaranteed to be dealt with by a Conservation Officer.
3. If following Pre-application service you choose to use the enhanced service, a top up fee of £100 will be required.

Biodiversity Net Gain (BNG)

This is a mandatory requirement of the Environment Act 2021. It requires all applicable development to deliver a minimum BNG of 10%.

How you might provide this should be considered at an early stage. When you select a site to develop and when you think about designs.

For more about BNG, what you need to consider and information you must provide, visit: Biodiversity Net Gain (GOV.UK).

There are some situations where providing the 10% BNG may be more complex. Having pre-application advice in these situations may help, in particular, where your application:

• Is in a Site of Special Scientific Interest (SSSI) or Local Wildlife Sites (LWS).
• Is located where irreplaceable habitats are present. (May require the relevant date for calculating the pre-development biodiversity value to be set as an earlier date.)
• Is located where habitat damage or removal has taken place.
• Is to be a phased development.

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.
• A completed Statutory Biodiversity Metric of the baseline habitats. For details of how to do this, visit: Biodiversity Net Gain (GOV.UK).

Advice from a planning agent

You can pay for professional advice to find out how likely it is that you will get permission.

Please note: We are not able to recommend agents.