Do I need planning permission and will I get it?

Planning portal - smarter planning champion

Not all developments require planning permission, for example:

For more information on whether you need planning permission (permitted development rights), or if it will be granted, visit: Do you need permission .

Larger house extensions and some other changes of use are covered by 'Prior approval' procedures. For more information, visit: Planning portal .

Does my building have Permitted development rights?

Unlike residential dwellings, apartments, maisonettes and flats do not have the same permitted development rights as houses.

The Council 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 .

The Council can also introduce an Article 4 direction, This restricts the scope of permitted development rights to a particular area or type of development. If this happens, then planning permission may then be required.

You may also need to apply under different consent regimes and consider:

 

Lawful development certificate (LDC) for a proposed development / use (Section 192)

You can request a Lawful Development Certificate (LDC) for a proposed development or use. Decisions are made within eight weeks of receiving all necessary documentation and fees. The LDC gives written confirmation of whether the Council considers your proposal to be lawful. This can be kept with your deeds and used in the event of the sale of your property. There is a right of appeal to the Planning inspectorate against any decision which is made on an LDC.

Requesting a LDC

The form can also be sent to Planning services .

The fee should be paid at the same time. This is half the cost of a planning application fee, see: Planning fees calculator .

You can pay by credit or debit card over the phone, or by cheque by post or hand in at Halifax Customer First , see: Contact Planning services . Cheques should be made payable to 'Calderdale MBC'. Please write the site address on the back of the cheque and that it is for a 'LDC application'.

Supporting documentation

Along with the completed application form, we will also require a location map. This must have the application site outlined in red. Any other land in the same ownership should be outlined in blue. A scale of 1:1250 is preferable, but no less than 1:25000 and include the North point. Ordnance Survey plans can be purchased by visiting: Planning portal .

Additional documentation is required, dependent on the proposal:

  1. Residential properties

    Drawings of the proposal, to a recognisable scale (i.e. 1:500) and including dimensions (this would not apply to proposed changes of use), which should include:

    • where the application relates to a proposal to increase the amount of floor space at a domestic property. Such as, with a garage, an outbuilding or extension, dimensions (width and length) of existing extensions and outbuildings that did not form part of the house when originally built. This will 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.
  2. Change of use

    • 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 site.
  3. Advertisements

    • Dimensions of any advertisement;
    • details of the positioning of any advertisement;
    • details of any illumination.
  4. Other proposed developments

    • Drawings of the proposal, to a recognisable scale (i.e. 1:500) and including dimensions;
    • any other details relevant to the proposed development.

 

Planning history

We can provide the planning history of a site. The charge for this services depends on the period of time requested and the nature of the property / site:

Property Records searched Charge
Single house Computerised planning history records back to 1977 £48.00
Single house Computerised planning history records back to 1977, plus other non computerised records back to 1948 (where available) £72.00
All other properties or sites Computerised planning history records back to 1977 £78.00
All other properties or sites Computerised planning history records back to 1977, plus other non computerised records back to 1948 (where available)

£114.00

 

Will I get planning permission?

The information on this website and the Planning portal provides guidance.

When considering a planning application, we look at:

  • responses received from any bodies that we have consulted;
  • representations received in regard to the application;
  • allocation of the site on the Unitary development plan (UDP) proposals map to indicate if the proposal would be acceptable in principle;
  • UDP policies relating to the allocation and your type of proposal;
  • relevant National planning policy framework (NPPF) policies;
  • planning history of the site for issues raised in the past that we need to be aware of (you can find this at Search and comment on planning applications );
  • constraints on the site that raise potential issues that would need to be addressed, such as Bat alert area, or Flood risk zone. (You can find this by looking at applications that have been submitted near your site, see: Search and comment on planning applications );
  • the impact on the landscape or townscape - is a Design review required?

Design review

If the proposed development is likely to have a significant landscape or townscape impact, you should incorporate a formal Design Review into the application process. You should clarify with Planning services as soon as possible if a design review is needed, email: planning.applications@calderdale.gov.uk .

A Design review can speed up the planning process by resolving any problems early in the process.

For more information on Design review principles and practice, see: Design council: Design Review: principles and practice .

It is a requirement set out in paragraph 62 of the National Planning Policy Framework that Local Authorities should have Local Design Review arrangements in place.

 

Major developments

If you have a major development proposal, we can provide a multi-disciplined response to establish whether planning permission is likely to be granted. This service costs £1,296 (inclusive of VAT) and can include up to two meetings. If more time is needed, the fee would be subject to negotiation. Major development proposals are defined as:

  • creation of 10 or more new dwellings or residential development sites of 0.5 hectares or more;
  • creation of 1,000 square metres or more of new floor space;
  • site area of 1 hectare or more;
  • applications for the winning and working of minerals and associated landfill operations.

You can submit your request by email to: planning.applications@calderdale.gov.uk , or by post.

With your request, please include:

  • your name, address and contact details;
  • a map showing the location of the proposal;
  • details of the nature of your proposal.

We will process the enquiry when we receive these details and the payment. You can pay by credit or debit card over the phone, or by cheque with the enquiry by post . Cheques should be made payable to 'Calderdale MBC'.

Your proposal will take at least 5 working days to be assessed. We tell you which planning officer will handle your enquiry and give you a direct phone number / email address. You should then contact the officer to arrange a convenient appointment time.

Sometimes the planning issues may be easy to identify, in which case a meeting may not be needed. The planning officer will be able to advise about this when you phone / email.

A response is usually sent out within 15 working days.

Alternatively, you can submit an application.

If you choose this option, we will write to you if we need any further information / fee to make your application valid.

Your application will be assigned to a planning officer. They will contact you if it is unlikely to receive planning permission or if amendments to it would make it acceptable. It should take approximately 13 weeks for a decision to be made.

If your application is refused, you have the option to re-submit your application for free. (The description of the proposal and application site must stay the same and you must re-submit within one year from the date of the refusal.) You are advised to speak to your case officer to discuss ways in which you can overcome any reasons for refusal.

For further information, see: Apply for planning permission .

 

Ask the Duty planning officer

If you cannot find the information you require on our website, you can talk to one of our Duty planning officers about:

  • whether you may need planning permission for your proposal; or
  • general advice on your proposal for a non-major development.

We hold a drop-in service at Halifax Customer First . You can get a 15 minute slots to talk to the Duty planning officer.

These sessions are on Monday, Wednesday and Friday, between 9am and 1pm. These sessions cannot be booked in advance.

Please note: The Duty planning officer cannot provide verbal confirmation that planning permission is required or not. The 15 minute slot will not cover:

  • a site's allocation on the Unitary Development Plan ;
  • planning history of a site; or
  • any constraints that relate to a site.

We suggest that you get this information before seeing a Duty planning officer. Sketched plans will also help.

 

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