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The Planning and Building Control System
Ipswich Borough Council contacts:
Building Control – 01473 432951
Development Management (Planning) – 01473 432913
Design and Conservation – 01473 432934
If you are thinking about doing works to your house, then a basic understanding of the planning system is helpful.
The UK has a national Planning system which controls the development of all land, to a greater or lesser degree. It is a complex legal framework, and works can require planning permission, listed building consent, conservation area consent and/or Building regulations approval from the Council. However, many minor works do not require any sort of consent.
Here are some of the basics which affect householders dealing with Vintage Houses. Although this information is particularly targeted at householders in Ipswich, the broad principles apply to all areas covered by English law. These Notes cannot give hard and fast advice on the need for any types of consent; rather they aim to help you understand the broad principles behind the system as a whole.
Planning Controls
1. This document is targeted at householders. By “houses” planners normally mean what they refer to as “dwellinghouses” i.e. a single dwelling within its own curtilage. You may live in a Flat or a House in Multiple Occupation but this does not constitute a dwellinghouse for planning purposes, and stricter controls will apply – see later.
2. Some dwellings may be what is known as a “Listed Building”, that is to say, a building that is on the official list maintained by Historic England (a Government Agency) as having “Special Architectural or Historic Interest”. These buildings have a further system of controls, and anything that materially affects the character of the building – internally or externally - requires Listed Building Consent – see later.
3. Internal works to dwellinghouses do not require planning permission, but may require approval under the Buildings Regulations – see later.
4. Extensive “permitted development” rights apply to most dwellinghouses meaning that many external alterations and extensions do not require planning permission, but again will probably require Building Regulations approval.
5. Special controls apply to Conservation Areas – these are areas designated by the Council which have a special historic character which Council policy aims to protect. These areas can be seen on a plan at https://www.ipswich.gov.uk/content/about-our-conservation-areas . By their very nature such Conservation Areas contain many Vintage Houses, although many dwellings of equal interest are located outside these Areas.
6. Within all Conservation Areas special controls apply to the demolition of buildings (including boundary walls) and works to trees.
7. Within some Conservation Areas there are “Article 4 Direction” areas. These are areas where certain permitted development rights have been removed, meaning that planning permission is needed for certain works such as window and door replacement, rendering of front walls, and changing of roofing materials. If planning permission is required for proposed works, it is unlikely to be granted if those works move away from the established period character of the property and the area generally – the purpose of this extra layer of control is, after all, to protect the original character of the area.
8. Listed Buildings and buildings in conservation areas enjoy extra statutory protection beyond other dwellings. Alongside these designations, the Ipswich Borough Council has published Supplementary Planning Guidance which could be useful to historic homeowners. The Local List SPD (https://www.ipswich.gov.uk/content/local-list-spd) is a list of properties nominated by the public, whose significance is described in the document and is a special consideration in any planning decisions. The Ipswich Urban Character SPD (https://www.ipswich.gov.uk/content/urban-character-supplementary-planning-document) is a borough wide description of urban distinctiveness, identifying distinctive townscape characteristics based upon history, topography, architectural design and other factors. Property owners may find both documents useful reference material in helping identify the special characteristics of their houses and its location.
9. To find out for sure if you need any form of consent for your works it is best to contact the Council Planning Department, on the above numbers.
A Note about Flats and Houses in Multiple Occupation
1. The permitted development rights that apply to dwellinghouses do not apply to these other forms of dwelling. This means that most extensions will require planning permission. So, too, will any elevational alterations that are significant enough to be regarded as being “material” e.g. rendering, new or altered window openings, replacement windows and changes in roof coverings can all be regarded as “material”.
2. The Conservation Area controls over trees and demolitions DO apply to this type of building.
For Listed Buildings
1. Details of the Listing description can be obtained from IBC Heritage Department (Design and Conservation Officer on 01473 432934) or the national body Heritage England. It is important to understand that the listing description is given as an aid to understanding the reasons for listing. It is NOT an exhaustive description of all the building’s interest points.
2. Listing protects the whole of the buildings’ fabric, external and internal, within the identified curtilage, including outbuildings that existed at the time of listing. However, many alterations to listed buildings will be accepted by the Council as not affecting the character of the building and therefore not requiring listed building consent. The detailed level of control will depend upon the nature of the building. There are three levels of listing – grade II, grade II*, and grade I (“2, 2 star, and 1”) The vast majority of listed buildings are grade II but, for example, the Ancient House in Ipswich is grade I.
3. In doing works to a listed building it is particularly important to establish a working relationship with your Council, who will advise you on the likely acceptability of proposals, and may be able to help you with appropriate building techniques and design details.
The Building Regulations
1. The Building Regulations apply nationally and exist to: provide minimum standards to buildings ensuring a safe and healthy environment for people to live and work in. This reasoning has been extended in recent years to include other things like the conservation of fuel and power, buildings overheating, accessibility for all, electronic communications infrastructure, electric vehicle charging and materials and workmanship. Whilst all regulations apply to new buildings, not all of them apply to alterations and conversions. In general terms for alterations and conversions, you must not make any circumstance worse than it used to be. However, there may be times (such as thermal insulation standards and other things) whereby you will be required to improve the standards you have, and in this respect, you may need professional advice.
2. Unlike the Planning system, you have a choice of service provider; you can use your local authority or choose a private company who is able to certify compliance with Building Regulations. In either case you may need plans, specifications and structural calculations, depending on the type and nature of the work you intend. The work will be inspected as you carry it out and when your chosen provider has checked it all you will be issued with a Completion Certificate certifying the work complies with the regulations applicable.
3. There are some elements or components that can be self-certified by the installers, such as boilers, electrical work and replacement windows (other elements too). However, if you require Listed Building Consent or live in a Conservation Area (see Planning System above) compliance with Building Regulations may not meet Planning requirements. It is therefore important that self-certifiers are aware of your building’s status under the Planning System and communicate with them prior to carrying out work to avoid expensive errors.
4. For smaller projects you have the option of completing a Building Notice. This will enable you to commence work 24hrs after giving the Notice. They are intended for smaller domestic works. In using a Building Notice there are no Plans Approved by the Local Authority to follow or work to, and you have to accept responsibility for the work carried out. The work will be inspected and if anything does not comply with regulations you will be asked to change it. In some instances, you may be asked for more information like structural calculations or heat loss calculations. When the work has been completed satisfactorily the Local authority will issue a Certificate of Compliance. Once again if you are not knowledgeable about regulation standards you may need access to professional advice.
5. You will need Building Regulation consent for the following types of work (the list is not exhaustive so you may need to seek further advice):-
a. Structural alterations or removing/repositioning internal walls.
b. Providing additional rooms or extensions. Some non-habitable rooms like conservatories do not need consent unless provided with heating but may still require Planning Permission – you may need to seek advice.
c. Loft conversions or roof extensions.
d. Conversions of garages or outside (non-habitable) rooms to habitable accommodation.
e. Replacing elements (rebuilding walls or re-roofing). You may need to seek advice for this type of work as regulations will require thermal insulation standards to be improved. Caution is advised as improving insulation can have an adverse effect elsewhere causing condensation and/or mould growth.
f. Replastering walls. This may require consent and the improvement of thermal insulation standards. Caution is advised as mentioned above in (e)
g. Replacing ground floors or other floors exposed to external air. This may require consent and the improvement of thermal insulation standards. Caution is advised as mentioned above in (e).
h. Rewiring and replumbing also require consent but as mentioned above are usually self-certified by the installers (where they are suitably approved to do so). The height and position of electrical switches and sockets may need review to comply, and additional services may be required such as mechanical extraction and consumer units.
See our Links page for useful Ipswich Borough (and other) links.
Note: Ipswich Building Preservation Trust isn’t able to give direct advice, but aims to start a conversation, inform people of current ideas with arguments for and against.