This page explains how various constraints might affect the planning process, and details our policy for each type of constraint.

This information is not intended as an alternative to a Local Search by the Local Land Charges team, and must not be relied upon as such.

Wakefield's Unitary Development Plan First Alteration (UDP) contains all of our local planning policies, where they relate specifically to the Planning Constraints listed below, there will be a direct link to the appropriate section of the UDP. We also provide links to other pages on our website that contain relevant information, and finally, we may provide links to external sites such as the Environment Agency and the Department for Communities and Local Government.

Flood Risk

Flooding from rivers and coastal waters is a natural process that plays an important role in shaping the natural environment. Flooding can also occur from groundwater, sewers and other non-natural or artificial sources. Flooding from any source can threaten life and cause substantial damage to property. Although flooding cannot be wholly prevented, its impacts can be reduced through good planning and management.

The current planning policy guidance is Planning Policy Statement 25: Development and Flood Risk (PPS25) which provides advise on how to manage flood risk as part of the planning process.

Local planning authorities must have regard to the current planning policy, PPS25, when developing new communities and regenerating existing ones. PPS25 ensures flood risk is considered at all stages of the planning and development process from regional plans, to local plans and individual site development. In flood-risk areas, local planning authorities may have to consult the Environment Agency about development proposals, and in certain locations a flood risk assessment will be necessary.

View further information about flood risk under 'Related Links':

• Flood Risk (Wakefield Council) is a link to pages produced by our Environment Service.
• Flood Risk (LDF) Please refer to Core Strategy CS13, paras 10.8 – 10.13 and Development Policies D24, paras 7.4 – 7.9, Central Wakefield Area Action Plan CW21-CW24
• Flood (PPS25) is an external link to the Planning Policy Statement on Development and Flood Risk

Contaminated Land

The planning system has a key role to play in addressing the problem of land contamination. The risks associated with contaminated land are a material planning consideration and are addressed by the planning authority in the preparation of development plans and in the determination of planning applications.

Certain types of contaminated land, where the contamination tends to be particularly severe or difficult to treat are classed as special sites; these are regulated by the Environment Agency.

View further information about contaminated land under 'Related Links':

• Contaminated Land (Wakefield Council) is a link to pages produced by our Environment Service
• Contaminated Land (LDF) Please refer to Core Strategy CS10, para 9.25 and Development Policies D22, paras 6.133 – 6.137
• Environment Agency is a link to the Contaminated Land pages on the Environment Agency's web site.

Article 4 Directions

Certain types of development can be carried out without the need for planning permission. This is known as permitted development, and covers a wide range of minor developments by householders, farmers and foresters. It also includes developments by statutory undertakers - this term covers a wide variety of public bodies, such as gas and electricity providers, water boards and telecommunications operators.

In some circumstances, local authorities may wish to control the way people can exercise these rights where there is a clear and immediate threat to the amenity of the area. This is done by means of a direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995. Article 4 directions are sometimes made to cover parts of a conservation area where its character is under threat because of inappropriate building alterations.

Authorities have the power to make directions withdrawing permitted development rights within all or any of the Parts of The Town and Country Planning (General Permitted Development) Order 1995. The Secretary of State must approve or confirm certain types of direction.

View further information about Article 4 Directions under 'Related Links':

• General Permitted Development Orders and other Statutory Instruments is a link to the statutory policy under which we issue Article 4 directions.

Article 3 Restrictions

The Town and Country Planning (General Permitted Development) Order 1995, automatically grants planning permission for certain types of development, subject to specified conditions and limitations provided for in Article 3, Schedule 2 of the Order. These types of development are generally regarded as being non-controversial and usually acceptable.

It is important to consider the relevant type of development on which permitted development rights are conferred, as set out within Schedule 2, of Article 3 of the Order, in order to establish which if any of the classes referred to within that part relate to what you are proposing. The Order has been amended a number of times and when checking to find out what constitutes permitted development it is very important always to check the latest amendment. It is also important to recognise that certain permitted development rights are granted subject to limitations or conditions, and for this reason must be closely consulted before any development is carried out to determine the extent of the rights.

View further information about Article 3 Restrictions under 'Related Links':

• General Permitted Development Orders and other Statutory Instruments is a link to the statutory policy under which we issue Article 3 Restrictions.

Listed Buildings

Buildings may be protected by being included in the Government's 'Lists of Buildings of Special Architectural or Historic Interest'.

You will need Listed Building Consent from us if you wish to demolish or to alter a Listed Building in any way which affects its historic character. Internal as well as external alterations are also subject to this control. The object of this tight control is to ensure that the character of historic buildings is not damaged; it is not intended to prevent reasonable alterations provided these are in keeping with the building. Consent for alterations is more often granted than refused, but since making changes to listed buildings can be a complex matter, it is a good idea to discuss what is intended with an historic buildings officer at an early stage.

View further information about Listed Buildings under 'Related Links':

• Listed Buildings (Wakefield Council) is a link to our Listed Buildings pages.
• Listed Buildings (LDF) Please refer to Core Strategy CS10, paras 9.12 – 9.15 and Development Policies paras 6.104 – 6.107

Conservation Areas

Wider protection is often provided by the designation of Conservation Areas in the historic parts of towns and villages and there are currently 27 of these in our district. Administration of the law relating to development within these Conservation Areas lies with us.

Trees in Conservation Areas are afforded special protection.

View further information about Conservation Areas under 'Related Links':

• Conservation Area (Wakefield Council) is a link to our Conservation pages
• Conservation Areas (LDF) Please refer to Core Strategy CS10, paras 9.12 – 9.15 and Development Policies D18, paras 6.98 – 6.103
• Natural England is a link to the governments advisors on the natural environment. Here you will find Conservation information which includes Sites of Special Scientific Interest (SSSI). You can use online maps to view the best available information on the whereabouts of a wide variety of protected sites, habitat types, and more.

Tree Preservation Orders

A Tree Preservation Order (TPO) is made by the Authority to protect specific trees or particular woodland from deliberate damage and destruction. TPOs prevent the felling, lopping, topping, uprooting or otherwise wilful damaging of trees without the permission of the local planning authority.

Once a TPO is made it is usually takes immediate effect, but can be confirmed or terminated at any time up to six months time, with or without modifications. Modifications can be a change in description or map details, or a removal of certain trees from the order, but cannot include extra trees to be protected - if the Authority wants to add trees to the order as originally made it is usually necessary to make a new Order. The landowner is still responsible for the trees, their condition and any damage they might cause at all times.

View further information about TPOs under 'Related Links':

• TPO (Wakefield Council) is a link to our Trees and Woodlands pages.
• TPO (LDF) Please refer to Core Strategy CS10, para 9.18, paras 9.12 – 9.15 and Development Policies D7, paras 6.30 – 6.35