Planning Advice

The information below is designed to give you information and guidance on how to find out if you are likely to need planning permission.

Do I Need Planning Permission?

Do your research

The national Planning Portal website provides extensive information about the planning system.
Certain developments can be undertaken under “permitted development” rights, without the need to apply for planning permission. To help you find out if you need planning permission for householder developments, the ‘Interactive House’ and ‘Interactive Terrace’ are useful tools to help along with “mini-guides” on Extensions, Conservatories, Loft Conversions, Porches and Outbuildings
More detailed Technical Guidance on permitted development rights for householders has also been published by the government.
When looking at the information on the Planning Portal website, please bear in mind that there may be constraints affecting this property which could reduce or remove “permitted development” rights, for example, location within a Conservation Area, Area of Outstanding Natural Beauty (AONB) or designation as a listed building. In some cases, “permitted development” rights can also be removed through conditions of earlier planning permissions on a property. The rights come from a general planning permission granted by Parliament, not Wealden District Council. Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or other buildings. Any land must be within the domestic curtilage of the property for these permitted development rights to be effective. If the proposal is outside the domestic curtilage of the property then planning permission will be be required.
In addition the General Permitted Development Order 2015 provides more information on Permitted Development Rights in Parts 1 and 2 of Schedule 2. For further details on popular development types please see the links below.
Part 1

Part 2

To find out if your property is in a Conservation Area, AONB or designated as a listed building you can use Wealden Online Mapping or search the Planning register to check the planning history of your property.
The Planning Information Officers will be able to assist you if you require further information about planning constraints or conditions attached to earlier planning permissions; e-mail: planning.information@wealden.gov.uk.
Formal Verification

If it is not clear whether works are covered by permitted development rights, you will need to apply for a Lawful Development Certificate of Proposed Works for a legally binding decision (external link) from the local planning authority. This will formally verify if you require planning permission for a proposed development, and will be of benefit should you come to sell the property at a later date.

Application form (15), guidance notes (GN15) and local information requirements (LIR15) are available on the Application Forms page under the heading “Lawful Use Certificate”.

If planning permission is required for Householder developments, application form (1), guidance notes (GN1) and local information requirements (LIR1) are available, under the heading “Householder Applications”. If your proposal relates to a Non-Householder development then other application forms are available on the Application Forms page. If you are unsure which form to use please telephone our Planning Technical Team on 01892 602010.

Further information is available under the heading “Planning fee information, Tips for Submitting Applications & Guidance Notes”.

Pre-Application Advice

If you want to know more about whether the Council is is likely to grant planning permission, you may book a planning surgery with a planning officer  which can be arranged via 01323 443322. Further information is available on our Pre-Application Advice page.

You may also find that in many cases where you are contemplating making a planning application, the services of an experienced planning agent (surveyor, architect, planning consultant) will help you refine your ideas with respect to the Council’s polices and Design Guidance.

Planning Aid (external link) provides free, independent and professional help, advice and support on planning issues to people and communities who cannot afford to hire a planning consultant. Planning Aid compliments the work of local authorities but it is wholly independent of them.

Highway and Transport Advice

Information relating to highway matters and other transport advice is available on the East Sussex County Council website (external link) including parking standards, transport assessments and travel plans.

Dropped kerbs

Owners of a property who regularly drive over a footpath or verge with a vehicle can apply for a licence to have a properly constructed crossing at their own expense. A vehicle crossing usually requires the kerb-line to be lowered. More information on how to apply for a licence can be found on East Sussex Highways website (external link) . If you need to know if Planning Permission is required for a dropped kerb then you will need to complete a “Lawful Development Certificate for a Proposed Use or Development”.  Application form (15), guidance notes (GN15) and local information requirements (LIR15) are available on the Application Forms page under the heading “Lawful Use Certificate”.

Guidance on Renewable Energy e.g. Solar Panels, Heat Pumps

Visit the Planning Portal’s “Interactive House” (external link) to determine whether planning permission is needed for various domestic renewable energy installations (for houses only).

In addition the General Permitted Development Order 2015 provides more information on Permitted Development Rights in Part 14 of Schedule 2 Classes A-I which relate to Domestic premises.

Uses Classes Order 2005

The Use Classes Order 2005 (as amended) (external link) is legislation which prescribes a number of broad ‘classes of use’ within which change can take place without the need to apply for planning permission. If you are unsure if a change of use is required then you can complete a “Lawful Development Certificate for a Proposed Use or Development”. Application form (15), guidance notes (GN15) and local information requirements (LIR15) are available on the Application Forms page under the heading “Lawful Use Certificate”