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Do I need permission to remove chimney stack on a property in a conservation area?
Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.
The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.
To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.
If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.
Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.
Read more about planning and building regulations on Planning Portal.
Common Questions
Installing solar panels on your roof will often fall under permitted development rights, meaning an application for planning permission is not required provided certain limits and conditions are met.
The limits and conditions vary based on the type of roof you want to install the solar panels on and the location of the house. See the details below:
· On a pitched roof, panels should not be installed above the highest part of the roof (excluding the chimney) and should project no more than 200mm from the roof slope or wall surface.
· On a flat roof the highest part of the solar PV equipment cannot be more than 600mm higher than the highest part of the roof(excluding chimney).
· The panels must not be installed on a building that is within the grounds of a listed building or on a site designated as a scheduled monument.
· If your property is in a conservation area, or in a World Heritage Site, panels must not be fitted to a wall which fronts a highway.
As you have stated you’re in a conservation area, you must apply to the local authority for prior approval. This process includes submitting a form to the local planning authority which ensures that you meet the limits set out in legislation.
Forms relating to prior approval for mounting solar equipment can be submitted through the Planning Portal’s online application service and attract a fee of £240.
Visit our solar common projects page for more details and to explore similar permissions.
Merging two flats into one, commonly known as amalgamation is likely to require planning permission as it will impact the local planning authorities housing supply. The council’s views on this will vary from council to council. It is recommended that you contact your local planning authority to understand their position.
If you do not need to apply for planning permission then you can apply for a lawful development certificate to prove that the change is lawful.
Building regulations will be required if there are physical works taking place as part of the amalgamation, this may include removing walls or changing electrics. Visit the relevant common projects on our site for more information.
Research indicates that more than half of the population would like to build their own home at some point in their lives. While it is a significant commitment that demands time and dedication, the reward is a home designed specifically to suit your needs and lifestyle.
As part of the self-build journey you will have to consider many factors including:
- Finance
- Location and acquiring land
- Modular homes
- Planning permission.
Read detailed guidance about self-build homes on Planning Portal
A garden gazebo or freestanding awning will often fall under permitted development rights provided it abides by the restrictions set out by government. In this instance a garden gazebo or freestanding awning will be classed as an outbuilding and should not be in front of the house or more than 2.5 metres in height.
Different rules apply if the awning is attached to the house itself. It may still be permitted development, but falls under the class of enlargement, improvement or alteration.
Read more information including the full list of rules for outbuildings
Certain types of development are granted planning permission by national legislation without the need to submit a planning application. This is known as 'permitted development'. In order to be eligible for these permitted development rights, each 'class' specified in the legislation has associated limitations and conditions that proposals must comply with.
One such condition on certain classes of permitted development is the need to submit an application to the local planning authority for its 'prior approval; or to determine if it’s 'prior approval' will be required.
This allows the local planning authority to consider the proposals, their likely impacts in regard to certain specific factors (e.g. transport and highways) and how these may be mitigated.
For more information on prior approval, read guidance on prior approval consent types.
