Enquires about Planning Permission

Important note: The following guidance relates only to the council's free planning enquiry service.

For chargeable pre-application enquiries please refer to the council's leaflet A Guide to the Pre-application Advice Service.

Permitted Development and making a planning enquiry

Many houses have what are known as 'Permitted Development Rights'.

This means that you may be able to make certain minor changes to your home without needing to apply for planning permission.

Because the planning regulations that affect the average house can be quite complex, we operate a free enquiry service to let you know if your proposal needs planning permission. We will also let you know if we believe that you need any other consent.

Using the pre-application service

To use this service you will need to complete and return a simple form. You will need to provide specific details about your proposal (see more information about what you will need to include below).

> Householder planning enquiry form

> You can also pick up a form from the Planning Office

Planning Enquiries Index

 

What you need to tell us
You should write to us or complete the householder enquiry form. You will need to give us your name and address and the address of the development site, if different. Give us a written description of what you have in mind. Provide us with a simple sketch of your proposal. This doesn't have to be professionally drawn but should include the following:

• A plan and elevation drawing of the proposal showing the position of the proposed extension or alteration in relation to the existing building and any detached structures such as garages and garden sheds or outhouses;
• You should also show the boundaries of your property (e.g. fence to neighbours, footpath at front of house) in relation to the proposal;
• Please show all dimensions (length, width, height) of the proposal including both the height to the eaves and to the ridge where there is to be a pitched roof;
• Please tell us if the house has previously been extended since it was built (or since 1948 if the house was built before then);
• If your enquiry is for a new or replacement fence or wall proposal you only need to show where the fence or wall would be erected in relation to the boundary of your property, and tell us how high the fence or wall will be;
• All dimensions must be in metres and millimetres;
• All building dimensions should be measured externally;
• If your proposal relates to business or commercial premises please provide a description and drawings to illustrate what you want to do. For chargeable enquiries a general guide as to the information that should be submitted with your enquiry is set out in the Council’s leaflet A Guide to the Pre-application Advice Service.

See an example of the type of illustration that we need.

Business premises

Business premises can also benefit from permitted development rights. You can make an enquiry to us to see if planning permission is required, and to get advice. If your proposal relates to a changes of use, or for a development that will result in an increase in new floor space, a payment for pre-application advice is required in advance of any work commencing on your enquiry.  Download a leaflet A Guide to the Pre-application Advice Service and a booklet Planning Permission-A Guide for Business pick up copies from the Planning Office.

We will be happy to speak to you at our office reception, or on the telephone, to explain our procedures. However, you will need to write to us before we can give you a formal response to your enquiry.

Planning Enquiries Index

What we will do with your enquiry
We will register your enquiry and send you an acknowledgement letter. A planning officer will look at the information you have provided and will check any previous planning history information that we have. In some circumstances the planning officer may need to make a site visit, or ask you for extra information.

We will then write to you and tell you if you need planning permission. If we tell you that you need permission we will tell you how to apply and what information you will need to provide. We will tell you if we believe that your proposal is likely to be acceptable or not. We will also give you a copy of any of the Council's guidance notes that relate to your proposal. These will help you or your agent prepare plans to get planning permission.

Planning officers will not be able to give you detailed written advice on how to amend your proposal in order that it falls within the permitted development limits. Planning-A Guide for Householders contains detailed information on the various limitations that apply to permitted development.

How long does the enquiry process take?
We have a target of giving you a written response to your enquiry within 21 working days. To help us meet this target, please make sure that you give us the necessary information as listed earlier.

Planning Enquiries Index

Are there any properties in South Tyneside that do not have Permitted Development Rights?
Flats, including 'Tyneside flats' and many flats converted from houses do not have the same rights as houses and you may need planning permission to make alterations or extensions. We treat houses that have been converted from a pair of 'Tyneside flats' as purpose-built houses when assessing if planning permission is required.

The Council has the power to withdraw permitted development rights. There are two types of situation where this may have happened.

Firstly, the Council can issue 'Article 4 directions' when the character of an area of acknowledged importance, such as Conservation Areas, would be threatened. It has done this in respect of a number of properties in Westoe, Whitburn, East Boldon and West Boldon villages.

Secondly, on modern housing estates where modest extensions or alterations could have an adverse impact on the residential amenity of residents, permitted development rights are often removed when the original development is granted planning permission. If you think your property falls into either of these categories, please check with us. We may be able to tell you straightaway if that is the case.

Planning Enquiries Index

Will I need any other consent?
Whether or not you need to apply for planning permission for your work, there are some other kinds of approval that you may need. Many of these are dealt with by Neighbourhood Services and we will advise you when we respond to your planning enquiry. These approvals might include:

• Listed building consent-you will need this 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.
• Conservation area consent-special rules apply to the demolition of certain buildings and walls in conservation areas.
• Trees-many trees are protected by Tree Preservation Orders. Trees in conservation areas are also protected.
• Building Regulations - our Building Control Section will let you know separately if Building Regulations approval is required for your proposal.
• Advertising-business premises may need to apply for advertisement consent to display an advertisement. The regulations also apply to domestic premises and control signs such as estate agents' boards. Download the booklet Outdoor Advertisements and Signs or pick up a copy from the Planning Office.

We only deal with approval that is required under Town and Country Planning and related legislation. You may need other permission because of some private interests in your property. In particular, you should make sure that you do not build on land that you do not control, without the owners' consent. This may even include something as simple as eaves and guttering overhanging a boundary. You should also be aware of the requirements of The Party Wall etc. Act 1996. Copies of an explanatory booklet are available from this office. If your house is a former Council house you may need the Council's consent as former landowner to carry out work. You should write to the Head of Corporate Governance, South Shields Town Hall, Westoe Road, South Shields, NE33 2RL, with details of your proposal.

Planning Enquiries Index

> How to Make a Planning Application.