Planning Constraints

When we consider a planning application for proposed development, we have to take into account various planning constraints which can effect our decision, these include:

Flood Risk Areas
Contaminated Land
Tree Preservation Orders
Article 3 Restrictions
Article 4 Directions
Conservation Areas
Listed Buildings
Areas of Outstanding Natural Beauty
World Heritage Site
Hazardous Sites

Flood Risk Areas

These are areas of land identified by the Environment Agency (EA) as potentially at risk of flooding. The EA categorizes the areas into flood zones. The extent of the risk will depend on which flood zone the land falls into. For further information on these flood zones please use the Environment Agency Website 

If a proposed development would fall within a Flood Risk Zone, the applicant should consult with the EA to agree the parameters of any Flood Risk Assessment (FRA). This FRA must be included with the planning application, otherwise the application may not be registered.
When a FRA has been submitted as part of the application we will consult with the EA for their opinion as part of the application process.
Any Planning permission granted on a site in a flood zone may be tied to any mitigation strategy as outlined in the FRA or by suitably worded planning conditions.
Related Policy: GD3 

Contaminated Land

If you have concerns that a site may be contaminated from a previous use, please contact our Noise and Pollution Team. If a proposed development site is likely to be contaminated, we may ask for a Contaminated Land Survey to be included with the planning application.
This may have implications for the nature of uses on a site, the siting of buildings and any reasonable mitigation works may be conditioned as part of a planning permission. There may also be responsibilities under separate legislation with regard to contaminated land issues. Our Noise and Pollution Team would be able to advise.
Please also refer to the Contaminated Land Inspection Strategy  carried out by this Council in 2002.
Related Policy: E13 
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Tree Preservation Orders

General information on what is a Tree Preservation Order (TPO) and applying to carry out works to TPO trees.
We have an interactive map with the location of all Derby City Councils TPOs .
If a proposed development site contains protected trees or protected trees overhang the site; this could have an impact on the siting, layout and design of any development proposal.
We want to keep existing trees wherever possible. If your proposal involves the loss of, works to or works close to protected trees, you should include with your application a Tree Survey /Arboricultural Statement, justifying this proposed work.
As part of the application process we will consult with our Arboricultural Officers for their specialist opinion on the proposed works.
If planning permission is granted for the development, any works to the protected trees will be agreed and enforced through the use of planning conditions. We may also include conditions for the protection of any remaining TPO trees during construction works.
Related Policy: E9 
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Article 3 restrictions

The Town and Country Planning (General Permitted Development) Order 1995 automatically grants planning permission for certain types of development on domestic dwellings, subject to specified limitations provided for in Article 3, known as Permitted development Rights. However, these rights can be partially or completely restricted. We may do this by condition on a Planning permission where appropriate.
If these restrictions are applied to a property a planning application would need to be submitted for the works. You are advised to check with the Development Control team regarding the removal of permitted development rights for your particular property.
The government publish a booklet for general guidance and advice on permitted development  291kb.
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Article 4 Directions

These are where the permitted development rights for domestic dwellings have been formally removed from properties within Conservation Areas. Further Information
Related Policies: E18 
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Conservation Areas

General information and list of Conservation Areas
Further information - development within a Conservation Area  
We have an interactive map with the location of all Derby City Councils Conservation Areas .
Related Policies: E18 
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Listed Buildings

General information about Listed Buildings
The ‘Listing’ of a building simply means that changes to it are subject to special control through the planning system. Although internal alterations do not normally require planning permission they may well need listed building consent. Certainly the removal of historic features such as fireplaces, stairs, decorative plasterwork or panelling will usually need Listed Building Consent.

If there is a listed building on a proposed development site, as well as any application for planning permission, Listed Building Consent will be needed for any works which affect the special character of a listed building, this includes its setting. Listed building consent is different from planning permission. The two systems are quite separate although in practice the same drawings and information can often be used, provided that they contain sufficiently detailed information. It is the responsibility of the applicant for listed building consent to make out the case for the proposed alterations.
We will look at the proposals in their entirety and as part of the process we will consult with our Built Environment Team and the Conservation Area Advisory Committee for their opinion, and possibly English Heritage and other National amenity bodies. We will give approval for works only if we are satisfied that these are compatible with the special character and architectural interest of the building.
Related Policies: E19, E20 
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Areas of Outstanding Natural Beauty

The city of Derby does not have any of these designated areas.
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World Heritage Site

The Derwent Valley Mills World Heritage Site (WHS) extends approximately 15 miles along the river Derwent, from Masson Mill, Matlock Bath, to the Industrial Museum, formerly Lombe's Silk Mill, in Derby. It includes Darley Abbey: the mill complex, the historic village and its church, Darley Abbey Park and the flood plain of the river Derwent.
When we receive an application which is within the World Heritage Site we will assess the application for its significance and impact on the WHS. During the process we may consult with English Heritage and other specialist bodies (ICOMOS)
As with all applications for planning permsiion and Listed Building Consent applications within the World Heritage Site will require a Design and Access Statement.
Related Policies: E29 
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Hazardous Sites

Certain sites within Derby may contain or may have previously involved the use of hazardous materials as defined by the Health and Safety Executive (HSE).
When we receive a planning application for development on or near these sites we will consult with the HSE for their advice and guidance. This may deem certain proposed uses as unsuitable for these sites.
For further information visit the Health and Safety Executive .
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