Planning constraints

In considering whether it is appropriate to undertake development on land or buildings, it is necessary to take into consideration constraints which may affect the site. These include:

Development and Flood Risk

The susceptibility of land to flooding is a material planning consideration. This means that when we are dealing with planning applications we must take account of this when formulating a decision as to whether to grant or refuse planning permission.  We must follow the national planning guidance contained in the National Planning Policy Framework and the associated Technical Guidance.

The Department of Communities and Local Government website contains useful background information on flooding issues. The National Planning  Policy Framework published by the Government and the Accompanying Technical Guidance (March 2012) provides useful guidance on the implementation of planning policy in regard to development in areas at risk to flooding.

We must also take advice from the lead authority on flooding matters, The Environment Agency, whom we consult on all planning applications where there may be flooding and/or surface water drainage issues. The Environment Agency provides technical advice to Local Planning Authorities and developers on how best to avoid, manage and reduce the adverse impacts of flooding.

For further information on flood risk issues and / or to view related policy documents please refer to; 

Contaminated Land

Contaminated land is dealt with by the Environmental Health and Housing Section at Derbyshire Dales.

The approval of an application for the redevelopment of a contaminated site will only be granted planning permission if the site is remediated to a standard that makes it suitable for the new use of the land.

The Derbyshire Contaminated Land Working Group has produced a Guide for Developers (PDF 96kb) to help understand the issues involved in re-developing potentially contaminated land.

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Tree Preservation Orders

Trees may be protected in two ways. Trees that fall within Conservation Areas and trees that are the subject of a Tree Preservation Order. In either case you must seek our consent before undertaking any works to protected trees.

There are legal requirements that must be met before carrying out works to trees within a Conservation Area or trees that are protected by a Tree Preservation Order. It can be the case that a tree is both protected by a Tree Preservation Order and also within a Conservation Area. In this case, you should only apply for consent to undertake works to a tree protected by a Tree Preservation Order.  Visit our Trees and Hedgerows section for further information on protected trees.

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For further information relating to Protected Trees please use the following links:

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'. Following concerns that the special qualities of areas were being lost by post-war development, the Civic Amenities Act 1967 introduced the concept of a 'Conservation Area'. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 gives local authorities the power to designate a Conservation Area within their local planning area.

Conservation area designation introduces some extra controls to protect the special qualities of the area. This means that planning permission may be required for certain works that outside of a Conservation Area would normally be classed as 'permitted development'. Once an area is designated a Conservation Area (Article 1(5) land), the Council has a duty to advertise proposals that may affect it, by site notice and in the local press, so that public opinion can be obtained. Applications for 'outline' planning permission may often not be appropriate as full information as to the impact of a proposal may be required in order to properly assess the scheme

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Article 3 and 4 Directions - Permitted Development Rights

Permitted Development Rights enable an owner to carry out certain works to land or property without needing to apply for planning permission. Permitted development rights exist only for single dwelling houses, and not for flats or maisonettes.

When are permitted development rights removed?

The Local Planning Authority can also introduce wide ranging restrictions where it considers that the importance of the area warrants more stringent controls. These types of restrictions (known as Article 4 Directions) introduce further controls which can apply to a wide variety of issues, such as control over replacement windows and doors, the construction of porches, the building of garden walls, the retention of architectural detail and painting.

In the Derbyshire Dales District, Article 4 Directions are in force on a number of properties within the Wirksworth Conservation Area, Matlock Bridge Conservation Area and Matlock Bath, the latter predominantly along North and South Parades and there is a further Article 4 Direction on one property within the Osmaston Conservation Area.

If you wish to find out whether an Article 4 Direction covers your property, please contact our Design and Conservation Section on 01629 76125, 01629 761360 or


Listed Buildings

The list of buildings of special architectural or historic interest is a Register, compiled by the Department of Culture, Media and Sport who record the best of British buildings. It comprises a wide variety of structures from castles and cathedrals to milestones and village pumps. Not all structures are what we may consider to be 'beautiful' as some are included purely for their historical value. This heritage 'Register' covers the entire country.

An application for Listed Building Consent will be required for any alterations to a listed building. As all listed buildings are different, decisions on whether works require Listed Building Consent are taken on a case-by-case basis. In general, however, such works as replacing doors and windows, re-roofing, new chimney pots, new rainwater goods, wholesale re-pointing, rendering or re-rendering, painting of render, stone, brickwork and external joinery, internal structural works including removal of walls and partitions, formation of new doorways, blocking (or un-blocking) of doors/windows, any works to staircases, fireplaces, chimneybreasts or other structural/decorative elements of the interior will require listed building consent. This short list is not definitive in any way and listed building owners should always make inquiries with the Local Planning Authority as to what works may require Consent.

In addition, any proposals to form an extension, or any other work that physically abuts or attaches itself to the listed building, would also require Listed Building Consent, and may require planning permission. It is a criminal offence to undertake works to a listed building without obtaining Listed Building Consent prior to works taking place.

An application for Listed Building Consent can take up to 8 weeks to determine (12 weeks for grade I and II* listed buildings). Applications should contain full information (drawings, photographs, research etc) to enable the Local Planning Authority (and consultees and members of the public) to fully understand the extent, scope and detail of the proposed works. Prior to submission of an application the Local Planning Authority is happy to discuss proposals and provide advice and information.

Listed Building Consent application forms (and guidance notes) are available from the Planning Department or are available to download by using the following link: Listed Building Consent Application Forms

All alteration works to the exterior or interior historic fabric of a listed building is dealt with under an application for Listed Building Consent. Extensions to listed buildings, and any other development that physically abuts or attaches itself to the listed building, will require Listed Building Consent and may also require an application for Planning Permission.

Planning Permission would also be required for a freestanding building or structure (such as a garage, shed, stable or other form of outbuilding) within the curtilage of a listed building as well as any proposed works to walls, fences, gates and other means of enclosure.

Visit our Listed Buildings section for further information.

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World Heritage Site

The Derwent Valley Mills World Heritage Site was inscribed on the United Nations Educational, Scientific and Cultural Organization (UNESCO) list in December 2001.

In 2008, controls were introduced, which affects land and properties located in a World Heritage Site (Article 1(5) land), which are broadly similar to those controls in place in Conservation Areas. These were introduced in order to protect the special qualities of the area. This means that planning permission may be required for certain works that outside of a World Heritage Site would normally be classed as 'permitted development'.

If you wish to find out more about controls affecting properties in the Derwent Valley Mills World Heritage Site please contact our Design and Conservation Section on 01629 761250 or 01629 761360 or

A Management Plan for the Derwent Valley Mills World Heritage Site was adopted in April 2003 and is periodically updated. The main text of the Management Plan [PDF 0.55MB] is available to download.

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