Do I need planning permission?

Permitted development

Not all development requires planning permission.

Planning Portal

This may include:

To find out more about permitted development and whether you need planning permission visit Planning Portal: Do you need permission?|External link.

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:

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|External link for an LDC by using the Planning Portal or

you can e-mail a completed LDC application form|External link to:- or

you can post it to us at:-

Planning Services,
C/O The Town Hall,
Crossley Street,
HX1 1UJ.

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:

In addition we will require the following for proposals relating to residential properties:-

For proposed changes of use we will require:-

For proposed advertisements:

Dimensions of any advertisement;

Details of the positioning of any advertisement;

For any other LDC applications for a 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|External link

You can pay:

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.

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Planning history

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
  • £48 (computerised planning history records back to 1977 will be examined)
  • £72 (computerised planning history records back to 1977 and other non computerised records back to 1948 [where available] will be examined)
All other properties / sites
  • £78 (computerised planning history records back to 1977 will be examined)
  • £114 (computerised planning history records back to 1977 and other non computerised records back to 1948 [where available] will be examined)

Proposed Article 4 Direction

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]|PDF file

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]|PDF file

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 by not later than 5 December 2014. Please mark all written comments and e-mails as relating to ‘Proposed Article 4 Area’.

Last Updated: 15/12/2016