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Planning Constraints
Information relating to Certain Planning
Constraints
The following is a List of planning constraints that relate to
various designations given to land or buildings which have to be
considered as part of the planning process.
The list below is not exhaustive, but lists those constraints
identified in the Planning And Regulatory Service On Line (PARSOL)
guidance.
Flood Risk
Planning Policy Statement (PPS)25 states that flood risk is a
material planning consideration and that it is the applicant's
responsibility to assess and mitigate that risk. View the
Communities
website flooding section, which includes links to PPS 25.
Before submitted a planning application, you are advised to
visit the Environment
Agency website or telephone the National Customer Contact
Centre on 08708 506506 to find out if your property is within a
flood zone.
A flood risk assessment (FRA) will be required to be submitted
with a planning application if the site is in zone 2 or 3:
Flood Zone 2 means there is between a one in 100 and 1 in 1000
annual probability of river flooding
Flood Zone 3 means there is a 1 in 100 or greater annual
probability of river flooding
Guidance
notes on how to prepare a suitable FRA area available
online or by telephoning the National Customer Contact Centre
on the above number.
If an FRA is not received the application may be treated as
invalid whilst the assessment is prepared. The Local Planning
Authority can refuse planning permissionfor development if the
proposal is not submitted with a suitable FRA.
Contaminated land
Contaminated land is defined by Part IIA of the Environmental
Protection Act 1990 as 'land which appears to the local authority
in whose area it is situated to be in such a condition, by reason
of substances in, on or under the land, that:
- significant harm is being caused or there is a significant possibility of such harm being caused; or
- pollution of controlled waters is being, or is likely to be, caused
Where necessary, the land may then need to be remediated
before the development begins to avoid unacceptable risks to human
health and the environment. We require developers to undertake
investigations and make recommendations for addressing
contamination as a pre-condition of planning permission.
See the Contaminated
Land section of our web site, further relevant pages can be
accessed from the left hand menu, with relevant documents in the
rigth hand menu.
Tree Preservation Orders
The Council has a legal obligation to preserve and protect
trees in the district and is empowered to make Tree Preservation
Orders (TPO's) on trees and woodlands to ensure their long-term
future. No works can be carried out to such trees without the
express written consent of the Borough Council.
For more information about the following:
- Conservation Areas
- Listed Buildings
- Article 4 Direction (Painting of Stone Buildings in Harrogate)
See our Heritage and
Design page.
Areas of outstanding natural beauty (AONB)
The AONB is designated by Natural England where
the primary purpose is the conservation and enhancement of natural
beauty including flora, fauna, geology and landscape.
Further information about the Nidderdale
AONB
Article 3 restrictions
Permitted development rights are provided by Article
3 of the Town and Country Planning (General Permitted Development)
Order 1995 (the GPDO)
This means that certain types of development to can be done
without the need for planning permission for example some minor
householder extensions or some alterations.
Schedule
2 of the GPDO specifies all the different types of development
and when these can be undertaken without the need for planning
permission..
Certain types of permitted development relating to agriculture
and telecommunications apparatus are subject to a condition
requiring the prior approval of the local planning authority to the
siting and appearance of these works
When granting planning permission for a
development, the Local Planning Authorities can,
by condition, remove permitted development rights, and so require
that a planning application is required for any development.