Do I need Planning Permission?

There are some cases where you may not need to apply for planning permission, providing the works meet certain limits and conditions. This is known as permitted development. 

However, if you need to confirm that your proposal does not require planning permission you will need to apply for a Lawful Development Certificate.

Lawful Development Certificates

Guidance is available Lawful development certificates (GOV.UK) and through the Planning Portal.

If you want written confirmation that planning permission is not required, you will need to make a application for a Lawful Development Certificate.  This can be done through the Planning Portal or the application form with guidance can be downloaded NWLDC - Downloadable Forms.

Residential Planning Permission

If you are planning to build an extension or carry out work to your home or garden there are some cases where you may not need to apply for planning permission, providing the works meet certain limits and conditions.  The Planning Portal provides answers to some frequently asked questions as well as an interactive guide.

There is also guidance relating to the following common projects

Dropped Kerbs

Dropped kerbs are sections of pavement with a lowered kerb, allowing drivers access to a private driveway.

When making alterations to your property you may need to have the kerb lowered to enable you to legally drive across the pathway.

Before constructing a dropped kerb you will first need to find out if the road is a trunk (major) or a classified road.  GeoPlace has published a map of streets that includes road classification information from the National Street Gazetteer. This can be found on the Find My Street website.

You will not have to apply for planning permission:

  • If the kerb to be dropped is not on a trunk or a classified road and
  • Any work you intend to carry out in connection with the dropped kerb is permitted development (so does not require planning permission). Examples include: installing a porous hardstanding, removing a boundary wall, or building a freestanding garage or car port.

Please be aware that consent for constructing a dropped kerb will always be required from Leicestershire County Council’s Highways Department (even when planning permission is not required).

Further details are available on their vehicle access webpage, by phoning 0116 305 0001 or by emailing customerservices@leics.gov.uk.

If you need to confirm that your proposal for a dropped kerb does not require planning permission you will need to apply for a Lawful Development Certificate.

Areas of Hardstanding

You may need planning permission for additional hardstanding in a residential/domestic use, which is on land between the principal elevation of your house and a highway, subject to certian criteria.  If you follow the attached Flowchart (PDF Document, 0.67 Mb) it should help assist you in answering the relevant criteria.

However, if you require confirmation that the hardstanding is permitted development and does not require planning permission you will need to apply for a Lawful Development Certificate for Proposed Use.  

Proposed Change of Use

You may also require planning permission to change the use of land or buildings from one use to another.  

More information about use classes is available through the Planning Portal.

If you need to confirm that your proposal for a change of use, does not require planning permission you will need to apply for a Lawful Development Certificate for Proposed Use.  This includes do I need planning permission to run a business or childminding from your home.

Existing Use

We are frequently asked if we can advise what the lawful use of specific land or buildings is, but the Council does not hold a register or database of lawful uses. 

Unfortunately, due to the ability of owners to alter the uses of building and/or land using permitted development rights, it is not possible to confirm a current use unequivocally.  This can only be done via a Lawful Development Certificate for Exisitng Use.

Your application will need to be accompanied by sufficient documentary evidence and information to demonstrate what you believe the current use to be and for how long that use has existed. You may be able to obtain this information from the current or previous owner / vendor or their agents.

Without receipt of sufficient or precise enough information the Council may not be able to grant a Lawful Development Certificate, in which case the only way to establish the lawful use will be by applying for planning permission for that use.

Childminding and Home Businesses

More information regarding working from home can be found on the Planning Portal.

If you require confirmation that your proposal to run a business from home does not require planning permission you will need to apply for a Lawful Development Certificate for Proposed Use.

Houses in Multiple Occupation

In 2021 we removed permitted development rights across Kegworth for the change of use from a dwelling (Use Class C3) to small Houses in Multiple Occupation (HMO) (Use Class C4) where between 3 and 6 unrelated people share basic amenities such as a kitchen or bathroom so to be able to exercise planning control over such developments.

This planning control, called an Article 4 Direction, came into effect from 19 February 2021, and means that any change of use from a family dwelling in Kegworth to a HMO after this date will always require planning permission.

Listed Buildings

A special form of permission called Listed Building Consent (LBC) is required for any works of extension, demolition or alteration 'which would affect the character of the building as one of special architectural or historic interest'.

This is in addition to any other form of permission that may be required. It is a criminal offence to undertake the works without first getting LBC.

Anyone contemplating works to a Listed building should seek the advice of the Councils’ Conservation Officer before starting.

Refer to the Council’s Listed Building page for more information.  You can apply for Listed Building Consent through the Planning Portal or the application form with guidance can be downloaded NWLDC - Downloadable Forms.

Advertisements

Most outdoor signage and advertisements require a special form of planning permission called Advertisement Consent. Displaying advertisements without advertisement consent is a criminal offence. 

Additional information and useful guidance provides the criteria for when Advertisement Consent is required.

You can apply for Advertisement Consent through the Planning Portal or the application form with guidance can be downloaded NWLDC - Downloadable Forms.

Trees and Hedgerows

Works to trees and hedgerows may require planning permission. If a tree is protected by a Tree Preservation Order, or is located within a designated Conservation Area, then you will need to obtain consent from the Council before carrying out any works to it, which can be done through the Planning Portal or the application form with guidance can be downloaded from our website NWLDC - Downloadable Forms.

Further information can also be obtained from our Trees and Hedgerows page.

Building Regulations Approval

Even if you do not require planning permission for your project, you may still need Building Regulations Approval for the works you are proposing.

Last updated: Sat 15 October, 2022 @ 12:32