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TreesPlanning constraints

In considering planning applications there are area based constraints that account must be taken of when coming to a decision.

You can use the my property search to see if there are any planning constraints which affect your property. These will be listed under the heading 'Environment' on your property details page.

In addition the constraint might affect the level of detail to be submitted in support of the planning application. The types of constraints are:

Flood risk area

If your application falls within a flood risk area you will need to submit a Flood Risk Assessment. Such an assessment can vary from simple information in low risk areas to a very significant piece of professional work in high risk areas.

For advice on where a flood risk assessment might be required and what should be done, see the Environment Agency website flood risk planning pages.

Contaminated land

Contamination of land can occur as a result of a previous industrial land use and may represent a risk of harm to human health and/or the environment. The risk of contamination is a material planning consideration which means Allerdale Borough Council, as Local Planning Authority must consider it when dealing with individual planning applications.

The Authority is responsible for ensuring that contamination is dealt with through the planning system and that remediation takes place where it is required.  It is the responsibility of the developer to carry out the remediation and to satisfy the Local Authority that the remediation has been carried out as agreed.

Tree Preservation Orders (TPOs)

The impact of a development proposal on the natural environment is an important material planning consideration. Certain trees are an important amenity feature in our landscape that should be retained for future generations wherever possible. Sometimes there are large and important trees on, or adjoining, sites that could be affected by the development.  

Tree Preservation Orders (TPOs) were introduced in the late 1940s to enable Local Planning Authorities (LPA) to protect important trees. Current legislative controls are contained within the Town and Country Planning Act 1990. The legislation is overseen by the Department for Communities and Local Government.

TPOs can be placed on any single tree, group of trees, an area of trees or woodland that has amenity value.  Trees that are exempt from TPOs are those that are dead, dying, diseased or imminently dangerous, and fruit trees grown for the commercial production of fruit. TPO controls prohibit the cutting down, uprooting, topping, lopping, wilful damage or, wilful destruction of trees without prior consent from the LPA.  

There are financial penalties for carrying out works to TPO trees without consent.

It is important to note that trees growing in Conservation Areas enjoy similar protection to trees covered by a TPO and a tree works application is required if work is proposed to them or they are to be felled regardless of the need for a planning application.

Planning permission could be refused if it would have either an adverse impact on the long term health and survival, or the loss of a protected tree or group of trees.  If planning permission is granted there are likely to be conditions attached to ensure that the tree(s) are not damaged during construction works.  Conditions would usually include a requirement for protective fencing to be erected before any works commence on the site and the prohibition of excavation of service runs, storage of materials or changes in levels within a specified distance of the tree.

Conservation Areas

A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. 

In addition to normal planning requirements, certain additional controls apply in conservation areas.  The permitted development rights are more limited and tree work applications are required for works to non-protected trees over a certain size.  Conservation Area Consent is required for certain works and demolition even if planning permission would not normally be necessary.

Within a Conservation Area a Design and Access Statement needs to be submitted with every planning application, including household extensions.

Listed buildings

Listed buildings are buildings of special historic or architectural interest. Buildings on the list are graded I, II* and II, Grade I being the most important. For Listed Buildings a special form of planning consent, Listed Building Consent, is required for virtually any proposals which result in change.  Applications affecting Grades I and II* listed buildings and those involving demolition are required to be referred to the Secretary of State for Culture, Media and Sport.

Internal and external works to listed buildings require listed building consent.  Listed Building Consent is required for repairs alterations and/or extensions which materially alter the appearance, structure or historic interest of a listed building. This is in addition to any requirement for planning permission for a proposal.

There are many listed buildings in the Allerdale Borough Council. The buildings include high street shops and houses, country houses and cottages, a range of agricultural buildings, walls and even telephone boxes and milestones. Listed buildings are shown via our my property search.

For listed buildings a Design and Access Statement needs to be submitted with every application.

The Council has a designated Environmental Design team who can give advice on listed buildings, building conservation or urban design issues.

Areas of outstanding natural beauty (AONB)

An Area of Outstanding Natural Beauty (AONB) enjoy the highest status of protection in relation to natural and scenic beauty.

Designation brings with it restrictions on the type of development that can be carried out without planning permission. Policies and decisions on planning applications in AONBs should favour the conservation of the natural beauty of the landscape, whilst it is also appropriate to have regard to the economic and social well being of the area.

Within Allerdale Borough Council lies the Solway Coast AONB.

Within an AONB a Design and Access Statement needs to be submitted with every planning application.

Article Four Directions

An Article Four Direction is an Order made by the Secretary of State to restrict the grant of planning permission by a Local Planning Authority, either indefinitely or for a specified period.

Certain types of development can normally be carried out under permitted development rights without the need for planning permission. In some circumstances, authorities may wish to prevent people from exercising these rights in order to retain control on the way in which the development is carried out.  This is done by means of a an Article Four Direction.

Government policy is that permitted development rights should only be withdrawn in exceptional circumstances, where there is evidence of a real and specific threat to an interest of acknowledged importance.

Article Four Directions apply to properties within Cockermouth, Maryport, Silloth, Wigton and Workington Conservation Areas.

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0303 123 1702

Allerdale Borough Council
Allerdale House, Workington, Cumbria,
CA14 3YJ