Constraints and Designations articles – page 6

294 articles
Constraints and Designations7 min read

Safeguarded land in a local plan and what it means

Safeguarded land is reserved for development needs beyond the current plan period. It is not Green Belt and not an allocation, which changes both the policy test and the route to permission.

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Constraints and Designations7 min read

Waterway consultation and works affecting a canal

The waterway authority owns the channel, banks and towpath, so canalside development needs its consent as landowner and a separate works consent alongside planning permission. Discharge, moorings, heritage and programme all follow from that.

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Constraints and Designations7 min read

Development beside the railway and the consultation process

The planning application is the easy half. Asset protection is negotiated with the railway, takes months and decides what you can actually build at the boundary.

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Constraints and Designations7 min read

Smoke control areas and appliance choice in planning

You can install a stove lawfully and still not be allowed to burn wood in it. Here is how smoke control, Building Regulations and planning divide the job.

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Constraints and Designations7 min read

Crematoria and the two hundred yard rule

A statutory siting rule from 1902 still decides where a crematorium can go. Here is how it works alongside planning permission, emissions control and the parking case.

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Constraints and Designations7 min read

Stop new rights of way with a deposited statement

Twenty years of unchallenged public use creates a right of way. A landowner statement and declaration under section 31(6) of the Highways Act 1980 is the documentary answer.

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Constraints and Designations7 min read

Section 38 consent for works on registered common land

Section 38 of the Commons Act 2006 makes restricted works on registered common land unlawful without consent from the Secretary of State. What counts, who decides, and what evidence wins.

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Constraints and Designations6 min read

Radon affected areas and what planning controls

A radon affected area is a mapped probability rather than a planning constraint. Where the Building Regulations take over, and the four situations where a planning condition is still justified.

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Constraints and Designations7 min read

Functionally linked land outside a European site boundary

The site boundary is a line on a map. The conservation objectives relate to populations, and those populations use fields and flight lines outside the designation.

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Constraints and Designations6 min read

Areas of Archaeological Importance and the operations notice

Part II of the 1979 Act still bites in five city centres. If your site is inside one, a six week operations notice runs separately from any archaeology condition on the permission.

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Constraints and Designations7 min read

Checking whether a Tree Preservation Order applies

The council holds the register and has to let you inspect it. What matters after that is which type of order you are looking at, because area orders and woodland orders protect different trees.

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Constraints and Designations7 min read

Nutrient neutrality: what a mitigation package must show

In an affected catchment, permission depends on a nutrient budget that shows no net increase in nitrogen or phosphorus reaching the protected site, with mitigation secured for the lifetime of the development.

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Constraints and Designations7 min read

Veteran trees: buffer zones and irreplaceable habitat

Veteran trees are irreplaceable habitat, excluded from the biodiversity metric and protected whether or not a tree preservation order exists. Design to the larger buffer.

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Constraints and Designations7 min read

Heritage Coast and what the designation restricts

Heritage Coast is agreed between Natural England and coastal councils, with no consent regime of its own. Its force comes from national policy and undeveloped coast policies.

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Constraints and Designations7 min read

The priority habitat inventory and what it means for a site

A priority habitat polygon is a flag, not a designation. It triggers survey work, and where it turns out to be right it can hold most of a site's biodiversity baseline units.

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Constraints and Designations8 min read

Ancient woodland: proving what is on the inventory

The inventory is a record of likelihood, not a designation, and its boundaries can be wrong in both directions. This sets out the map and field evidence that tests a boundary, and how to use it.

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Constraints and Designations8 min read

Playing fields, Sport England and statutory consultation

The consultation duty catches land last used as a playing field within five years, and an objection normally means referral to the Secretary of State. Here is how to evidence each policy exception.

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Constraints and Designations8 min read

Nitrate Vulnerable Zones and farm building applications

The Nitrate Pollution Prevention Regulations 2015 set the storage volume a holding needs, which in turn sets the size of the building. Here is how that calculation feeds a planning application, and where agricultural permitted development stops.

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Constraints and Designations6 min read

Dark sky areas and the lighting constraints that follow

Dark sky status is not a statutory designation, but the local plan policies behind it turn lighting into a document rather than an electrical detail.

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Constraints and Designations6 min read

Strategic gaps and green wedges between settlements

Gap policies come from the local plan, not national policy, so the test is harm to the function of the gap rather than very special circumstances.

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Constraints and Designations6 min read

Site allocations: what an allocation does and does not grant

Allocation gives you section 38(6) on principle and nothing on detail. The refusals come from site-specific requirements, access and constraints the policy never resolved.

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Constraints and Designations6 min read

Areas of archaeological importance under the 1979 Act

Inside Canterbury, Chester, Exeter, Hereford or York, disturbing the ground needs an operations notice six weeks in advance, whether or not planning permission is required.

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Constraints and Designations7 min read

Deep peat and the planning constraints on peat soils

Peat is treated as a carbon store first and a soil second. The constraint follows the hydrology rather than the red line, so a drain outside the peat can still dry it.

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Constraints and Designations7 min read

Metalliferous mining legacy in the south west

There is no national reporting service for metal mining legacy. On a Cornish site, a desk study that finds nothing has told you almost nothing.

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