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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.

 

Common Questions

What are the planning and building rules for constructing a soakaway?

A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.

Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.

Read more about Approved Document H.

Do I need planning permission to add a first-floor extension onto an existing ground floor extension?

Adding a storey on top of an extension will always require an application for planning permission.

If you want to add a storey on top of your house under permitted development rights, it must be on the principal part of the house.

If you want to add an additional storey on top of your house, it can be permitted development. It is only permitted development if it follows certain rules:

The current house

  • Is not a building containing one or more flats, or a flat contained within such a building
  • Was constructed between 1 July 1948 and 28 October 2018
  • Has not already had additional storeys added to it
  • Is not on Article 2(3) land or a site of special scientific interest
  • Was not changed to be used as a house (from a previous non-residential use) under permitted development rights.

How many storeys can you add?

  • If the house is one storey then one storey can be added
  • If the house is two or more storeys then two storeys can be added

Where can the storeys be added?

  • The additional storeys must be added to the principal part of the house. The principal part of the house is the main part of the house excluding any front, side or rear extension of a lower height (regardless of these being part of the original house or subsequent additions).
  • Engineering operations must only include works within the existing curtilage of the house to strengthen existing walls and foundations

How high can it be?

  • The house cannot exceed 18 metres in total height
  • Each storey cannot add more than 3.5 metres to the total height
  • If the house is not detached the total height cannot be more than 3.5 metres higher than the next highest building that the house is attached to, adjoins, or is in the same row as.
  • The additional storeys must have an internal floor-to-ceiling height of no more than 3 metres, and no greater than the internal height of any existing storey within the principal part of the house.

What materials can be used?

The materials used must be of a similar appearance to those used in the construction of the exterior of the current house

Where can windows be placed?

Windows must not be placed in any wall or roof slope forming a side elevation of the house.

Following completion of development:

  • The house must remain in use as a domestic residential property
  • No visible support structures must remain on or attached to the exterior of the house
  • The roof pitch of the principal part of the house must be the same as it was prior to the development.

 If any of the limits set out above are exceeded then an application for planning permission will be required. If you are unsure, you should contact your local planning authority.

Find contact details for your local planning authority.

Do I need planning permission to put a bin store in the front garden?

A bin store is classed as an outbuilding, these fall under permitted development rules meaning they are allowed as long as they adhere to a set list of rules. However, one of these rules is that outbuildings cannot be placed in front of the principal elevation*. As such, you will be required to apply for planning permission to build a bin store or any permanent structure in your front garden.

Read more about the rules for outbuildings.

Principal elevation - The most visible or prominent side of a structure, typically facing a street or public area. While often considered the 'front' of the building, it may not always contain the main entrance.
What do I need to know if I want to add an internal wall to make another room in my house?

Adding an internal wall will not require planning permission or building control approval in most cases. If the building is listed, then you may require listed building consent to make a major alteration to the house.

Any work completed should adhere to building regulations, ensuring fire routes, electrics and ventilation are considered.

What is an improvement notice?

An improvement notice is a notice served by a local authority requiring a property owner to carry out specified works to bring a building into compliance with the legal standards. These are most commonly served to landlords to make a building safe.

The notice will specify what works should be completed and when it should begin and be completed by.

Failure to comply with an improvement notice is a criminal offence.

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