Advice for householders
Do I need planning permission, what is permitted development?
Some alterations to your home, for example:
- Dormers / roof alterations
- Hard surfaces / decking
- Boundary treatments
- Solar panels
might not need planning permission and could be carried out as a permitted development, if they satisfy certain limits and conditions.
To find out more please use the central government's online resource The Planning Portal.
The Planning Portal also provides advice about Building Regulations or you can contact Building Control.
Properties that do not have permitted development rights
Apartments, maisonettes and flats (including 'Tyneside flats') do not have the same permitted development rights as houses and you can find out more using The Planning Portal.
The council also has the power to withdraw permitted development rights and there are two types of situation where this may happen:
- Where the character of an area, such as a conservation area, would be threatened by permitted developments, the council can issue an 'Article 4 direction'. These affect a number of properties in the Cleadon, Westoe, Whitburn, East Boldon and West Boldon conservation areas.
- On modern housing estates where extensions or alterations could have an adverse impact on neighbours, the council may have removed permitted development rights when the estate was granted planning permission. If the estate has open plan front gardens, permitted development rights to provide boundary treatments may also have been withdrawn in this way.
If you think your home might fall into either of these categories, please contact us. We may be able to tell you straight away if this is the case.
When will I need planning permission?
If your proposed development does not fall within the scope of permitted development, or if your permitted development rights have been removed, as described above, planning permission will be required.
You can find how to apply for planning permission at householder planning applications.
If you are interested in what may be relevant to the assessment of a planning application we recommend you look at SPD9: Householder Developments (Revised Jan.2014)[pdf - 4Mb].
Other consents you might need
Even if you do not need planning permission or building regulation approval you might need some other form of consent from the council. This might include:
- Dropped kerb access and footway crossovers - you need to get approval to create or extend a dropped kerb or footway crossover.
- Listed building consent - you will need consent if you want to extend or alter a listed building in a manner that would affect its character as a building of special architectural or historic interest, or to demolish a listed building. Special rules also apply to buildings and structures within the grounds of a listed building and to gates, fences, walls and other enclosures surrounding a listed building. Further guidance can be found at Conservation.
- Demolition in a conservation area - special rules apply to the demolition of certain buildings and walls in conservation areas. Further guidance can be found at Conservation.
- Trees - many trees are protected by Tree Preservation Orders and trees in conservation areas are also protected.
Below are examples of other types of private interests that you may need to deal with before you start work:
- A release of a covenant, which may be included in your properties deeds.
- Permission from any relevant land owner, this may even include something as simple as eaves and guttering overhanging a boundary.
- Complying with the needs of the The Party Wall etc. Act.
Householder Enquiry Service (available from the 2 January 2014)
Whilst we recommend that you use the Planning Portal in the first instance, for a fee of £30 (£25+VAT) you can use this discretionary service to check if your proposal can be carried out as a permitted development (and if you need to follow the neighbour consultation scheme for larger single storey rear extensions) or if you would need to apply for planning permission.
To use this service please complete the Error whilst rendering inline with type ID 3 (Document Link Inline): Exception: 'System.ArgumentException', message '[Error: The media could not be found]' and return it with the £30 fee (cheques can be made payable to South Tyneside Council).
We aim to reply within 28 days, from receipt of the form and fee.
As an alternative to this discretionary service it is possible to apply for a Lawful Development Certificate and more about this process can be found at:
- Planning Portal: Lawful Development Certificates
- GOV.UK: Lawful Development Certificates - a users guide
The householder enquiry service is not available for work that you have already started or completed and does not provide provide advice about:
- The acceptability of a proposal, if it needs planning permission or how to amend it so that it would be a permitted development.
- Working from home, but you can find out more at Planning Portal: Working from home.
- If you require specific advice about an unusual or complex householder development, please see Advice for businesses and other commercial developments.
All requests for advice are potentially subject to disclosure in response to Freedom of Information or Environmental Information Regulations requests. Confidentiality cannot therefore be guaranteed when using the service.
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