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Do you need planning permission to install an outside flue?

Fitting, altering or replacing an external flue, chimney, or soil and vent pipe is normally considered to be permitted development, not requiring an application for planning permission, providing certain conditions are met.

Read about the conditions which must be met to comply with permitted development rules.

Building regulations apply to installing a flue, and installation should be carried out by a suitably qualified installer.

Read about building regulations for flue installation.

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Common Questions

Do I need planning permission or building control approval to merge two flats into one?

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.

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Do I need building regulations approval or planning permission to change the roof on my conservatory?

Many homeowners choose to replace their traditional polycarbonate conservatory roof with a solid tiled roof for better thermal efficiency.

If the change significantly alters the structure or appearance of the roof, then planning permission may be required. Most alterations to roofs are considered permitted development, providing they meet the limits set out in legislation.

A new roof must comply with building regulations to ensure it is structurally safe, energy efficient and properly ventilated.

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My house is in a conservation area, and I want to have solar panels on the garage and roof, do I need permission?

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.

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What is a tree preservation order (TPO)?

Many trees are protected by Tree Preservation Orders (TPO) which means that, in general, you need the council's consent to prune or fell them.

A TPO is placed on a tree, group of trees or woodland with the aim of protecting them. The following is prohibited on a protected tree, without the local planning authority's (LPA) consent:

- Felling

- Topping

- Lopping

- Uprooting

- Wilful damage/destruction

Owners of the trees must maintain their trees, and an LPA will often encourage good tree management. However, they are unable to require maintenance work just because a tree falls under a TPO.

If you wish to complete work on a tree under a TPO you will be required to submit an application to the local planning authority. For full details on this application type, read guidance about works to trees and the application process.

 

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What is the 10-year rule for planning enforcement?

The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

  • A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
  • A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.
If the breach took place on or after 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.
Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

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