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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

I want to widen an external and an internal doorway to fit a wheelchair, do I need planning permission and building regulations approval?

Widening or creating a new external doorway will likely fall under permitted development rights, meaning an application for planning permission is not required provided you meet limits and conditions set out in legislation. If the change is on the side or rear of the building it is more likely to comply with planning regulations.

If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.

New external doorways which create a new or widened opening must comply with building regulations as they may impact the structure of a building.

Read more on our doors and windows common project.

Do I need planning permission to put new driveway access on an unclassified road?

Adding a new driveway to an unclassified road for access to a house or business falls under permitted development rights, meaning no application for planning permission is required.

If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.

You will have to apply to the relevant highway authority for a dropped kerb if you wish to cross a pavement to access your property.

Read more information on our dropped kerb common project.

What are non-material changes to an application for planning permission?

Following a grant of planning permission, it may be necessary to make amendments to the proposals that were originally approved. A non-material amendment may be applied for to approve a minor change to the planning permission which does not breach any conditions originally placed on the consent.

There is no statutory definition for ‘non-material’ as it can vary on a case-by-case basis. In general, if the change will increase the size, change the appearance of a development or have a large impact on other considerations then it will not be considered non-material.

Read more about this non-material amendment applications.

What are the rules for installing a septic tank in the garden?

Installing a new septic tank in your garden will often require both planning permission, building regulations approval and a septic tank permit.

The planning permission will ensure that the tank is installed in an appropriate location with information being provided to understand any potential implications for the surrounding environment and water.

Building regulations is required for the installation of a septic tank to ensure it meets the drainage and waste disposal standards set out in Approved Document H.

Where possible it is recommended that you connect to an existing public sewer instead of installing a septic tank, this reduces waste entering the waterways.

For more information visit our drains common project or contact your local planning authority.

Do I need planning permission to build a basement underground?

Creating a new basement will usually require planning permission, particularly if it affects the external appearance of the property. For example, installing a lightwell to bring natural light into the basement may be subject to stricter design rules if it is visible from the street, especially at the front of the property, compared to those at the rear or side.

Because basement construction involves significant excavation and structural work, permission is often necessary. It’s recommended that you consult your local planning authority early on to understand what is likely to be considered acceptable before submitting a planning application. Building regulations will also apply to a new or conversion of a basement.

Read further guidance on basements.

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