Development Checklist No 3 - Consents etc in certain Designated eg Areas, Buildings, etc (Update 2 - 17 October 2011)

Check 3.1 Check that the land or project is not affected by any of the designated areas, buildings etc listed below.
[Please Note The list is a partial list which will be amended and added to shortly.]

Generally, planning permission for development or other works will either be refused or granted subject to conditions which are imposed to protect the heritage asset, area etc.

1. Ancient Monument: An ancient monument is protected.
2. Area of Archaeological Importance - Ancient Monuments and Archaeological Areas Act 1979 designates certain areas as such by order of a minister etc. Any intended development operations etc which disturb the ground requires an operations order from the local authority. The process usually results in an archaeological dig etc. 
3. Common Land - Commons Act 2006 section 38 - requires the consent of the Secretary of State (Planning Inspectorate) for development or works on common land.  Certain works are exempt from this requirement. [This is in addition to any planning permission or development consent which may be required.
4. Conservation Area - Planning legislation requires conservation area consent for development or works in a conservation area. There are certain exceptions.
5. Hedgerows - 5.1 Certain hedgerows are described as important hedgerows and must not be uprooted without the consent of the local authority. 5.2 Certain overgrown evergreen hedgerows may be designated by the local authority as high hedgerows and the occupier/owner of the dwelling must reduce their height to 2 metres.
6. Listed Buildings - Planning legislation requires listed building consent for certain development or works to a listed building, ie one listed as architecturally or historically significant.
7. Tree Preservation - Planning legislation enables the local planning authority (LPA)to protect certain trees by a tree preservation order. Any  works to a preserved tree must be formally authorised by the consent of the LPA.
8. Village and Town Greens: A registered village or town green is protected from development proposals. 
9. Village or Town Greens (in Prospect) - Land may become registerable as a village or town green, particularly where it has been used as of right by local inhabitants for 20 or more years for lawful sports or pastimes. A developer may find that such actions as: a) fencing off the land, b) putting up "keep out" signs, or c) applying for planning permission will not prevent registration.

[Please note: Today is the last day of a government consultation on proposals for changes to the law on prospective village and town greens. If the changes were to be introduced it will virtually end the procedures indicated above!]