Do I need planning permission?
Not all development requires planning permission.
This may include:
To find out more about permitted development and whether you need planning permission visit Planning Portal: Do you need permission?|.
In addition to Permitted Development Rights the Government has introduced Prior Approval procedures for larger house extensions and a number of other changes of use. The Planning Portal has forms and guidance for these procedures.
Properties that do not have permitted development rights
Unlike residential dwellings, apartments, maisonettes and flats do not have the same permitted development rights as houses.
The Council also has the power to withdraw permitted development rights when granting planning permission. This would be done by attaching a condition to a planning permission. When conditions are attached to a planning permission they are listed on the decision notice for the application. You can view decision notices by viewing the Documents tab of an application: Search planning applications
In addition the Council can introduce an Article 4 Direction. If an Article 4 Direction is confirmed it means that certain forms of development can no longer be carried out without planning permission.
You may also need to apply under different consent regimes and consider:
- Building regulations
- Business Business licences
- Controls in conservation areas
- Listed building consent
- Tree preservation orders.
As of 1st April 2016
How we can assist you
Duty Planning Officer
If after checking the Planning Portal and any existing planning permissions for a property you are still unsure as to whether planning permission is required for your proposal you can visit Halifax Customer First on Horton Street in Halifax. We have a Duty Planning Officer available to speak to between 9am-1.00pm, Monday, Wednesday and Friday. During a 15 minute slot you can ask a Duty Planning Officer advice on what criteria relates to your proposal and the issues you will need to consider when deciding whether planning permission is required. This is a ‘drop-in’ service only and prior appointments cannot be made.
PLEASE NOTE: The Duty Planning Officer cannot provide verbal confirmation as to whether planning permission will be required or not and as of 4th January 2017 this service will be available between 9.00am-1.00pm, Monday, Wednesday and Friday.
Lawful Development Certificates (LDC) for a proposed development/use (Section 192)
Rather than offering an informal written response to enquiries we have taken the decision to only provide formal responses. You can obtain a formal response by applying for a Lawful Development Certificate (LDC) for a proposed development/use. This service will offer customers a greater degree of certainty , than the informal enquiry service and a decision is likely to be made within 8 weeks of receiving all the necessary documentation and fee to process it. There is a right of appeal to the Planning Inspectorate against any decision which is made on an LDC. A formal decision from the Council also has the advantage of providing written confirmation of whether the Council considers your proposal to be lawful, which can be kept with your deeds and used in the event of the sale of your property.
You can submit an on-line application| for an LDC by using the Planning Portal or
you can post it to us at:-
C/O The Town Hall,
Or you can drop it off, in person at: Customer First, 19, Horton Street, Halifax between 9am - 5pm Monday to Friday.
Information we need to accompany all LDC applications for a proposed development/use:
- A completed application form
- Location plan preferably 1:1250 scale, but not less than 1:2500. Please outline the application site in red. Please outline any other land within the same ownership in blue. The North point should also be indicated. Ordnance Survey plans can be purchased from the government website; Planning Portal|
In addition we will require the following for proposals relating to residential properties:-
- Drawings of the proposal, to a recognisable scale (eg 1:500) and including dimensions (this would not apply to proposed changes of use). This should include:-
- Where the application relates to a proposal to increase the amount of floor space at a domestic property eg with a garage, an outbuilding or extension, dimensions (width and length) of existing extensions and outbuildings that didn’t form part of the house when it was originally built will also be required unless they are original to the house or were added before 1948;
- Width and length, height to eaves and overall height of your proposal;
- Dimensions to site boundaries from your proposed development;
- Details of the proposed materials.
For proposed changes of use we will require:-
- Details of the existing use and how long it has been used for this purpose if known;
- Whether the site is entirely in this use or whether it is a mixed use (include all land uses);
- Details of the proposed use.
For proposed advertisements:
Dimensions of any advertisement;
Details of the positioning of any advertisement;
- Details of any illumination.
For any other LDC applications for a proposed development:-
- Drawings of the proposal, to a recognisable scale (eg 1:500) and including dimensions;
- Any other details relevant to the proposed development.
PLEASE NOTE: We will check your application to ensure we have the necessary information and fee to proceed with it and contact you if we need any other details.
The fee for a LDC application for a proposed development or change of use is half the cost of a planning application. For planning application fees please use the Planning Portal: Fee calculator|
You can pay:
- By phone using any major credit / debit card. Telephone 01422 392237;
- By cheque made payable to Calderdale M.B.C. and sent to the above address;
- By dropping it off at Halifax Customer First on Horton Street between 9am-5.00pm.
If you are sending a cheque separate from your documentation, note the address of the site on the back of the cheque and that it is in relation to an LDC application.
Halifax town centre on street parking.
Planning Services also offer a service which will identify the planning history of a site. The charges for this service depend on the period of time you wish to cover and the nature of the property / site:
|A single house|
|All other properties / sites|
It is proposed to introduce an Article 4 Direction in the area of Fountain Street (part of); Powell Street (part of); Back Ferguson Street (part of); Harrison Road (part of); Carlton Terrace (all of); Trinity Road (part of); Blackwall (part of); Prescott Street (part of); St. John’s Lane (part of); Commercial Street (part of); Portland Place (part of); Pine Street (all of) Coleridge Street (all of) Wards End (part of); Clare Road (part of); Clare Street (part of); Union Street (part of) New Road (part of); Wellington Place (part of), Cadney Croft (all of), Trinity Street (all of), Sedan Street (all of), Brussels Court (all of), Spencers Court (all of), Industrial Place (all of ), Halifax, West Yorkshire. The exact extent of the area can be seen on the map. Article 4 direction Halifax Town centre map [PDF file 453KB]|
The Council has decided to make this Direction to help ensure that the character and amenity of the area is protected. In particular we want to ensure that the properties in the area remain attractive to business occupiers. To achieve this the Council believes that it necessary to exercise an enhanced level of control over changes of use to certain residential uses. In relation to this we believe that changes of use from offices to dwellings and from dwellings to houses in multiple occupation need to be carefully managed through the planning process. The precise effect of the Direction and the arrangements for consultation are set out in the notice. Notice of making of article four direction [PDF file 91KB]|
We would encourage you to let us know whether you support or have any concerns about the proposed Direction. Any comments will need to be received by 5 December 2014. They will be taken into account in deciding whether or not to confirm the Direction.
A copy of the Direction and of the map defining the area of land covered by it may be viewed at and downloaded from the Council’s Consultation System, Engage.
Alternatively the documents can be viewed at the offices of the Council’s Customer First at 19 Horton Street, Halifax HX1 1QE during normal office hours.
Please direct any comments to the Head of Planning and Highways, FAO, Richard Seaman, Development Manager, Westgate House, Westgate, Halifax, HX1 1PS or via email to email@example.com by not later than 5 December 2014. Please mark all written comments and e-mails as relating to ‘Proposed Article 4 Area’.