Potential Constraints

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Can you start without planning permission?

Driveways and Access 
Planning 
Permission

With any development including driveways there are always potential planning constraints which are often hidden and can make even the simplest of projects very complex or even impossible.

When building a driveway, first of all you must meet the necessary design criteria, whether that is permitted development or the relevant planning policies. If your objective is aiming to be permitted development and you miss even one of the criteria no matter how small the margin then planning permission will be required. Equally if planning permission is required and your project does not meet the necessary planning policies such as size, design, right to light and many other criteria then it would be rejected.

In addition to this, there are many hidden constraints such as article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights, meaning everything needs full planning approval. This can literally mean there could be two houses in the same town doing the exact same development and one could be built under permitted development while the other needs full planning permission.

Perhaps the single most common constraint is whether your driveway will be along a classified road. All driveways along Class A, B or C roads do require planning permission approval.

For every application that is submitted, the council will consider factors such as highways and pedestrian safety, the sustainability and the appearance. If your proposed driveway will impede things such as visibility for motorists or pose safety concerns for vehicles or pedestrians this could affect the chance of approval. Other considerations that will be assessed include services such as, gas, water, electricity and telecoms because your build may impact on access to these. Additionally the gradient will be assessed under the crossing licence provisions.

In addition, specialist reports may also need to be submitted with all the usual supporting evidence and drawings. Examples of these include heritage statements, transport surveys, wildlife reports and many others.

If the development has the potential to disrupt wildlife such as birds or bats, then a wildlife survey and report will be required. If you live in a conservation area planning is usually strictly controlled and therefore a heritage statement will likely be necessary.

If the building is listed in addition to securing planning approval you will also require listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence.

If there are any constraints that limit or remove permitted development rights or even one of these criteria is not met, then you are required to submit an application for planning permission.

If you would like to find out what is required for your driveway, the likelihood of success or the costs associated with applying for planning permission please contact us to speak with one of our expert planning consultants today.

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