Planning process constraints

This page provides information on how various constraints can impact the planning process. It also outlines our policy for each constraint type.

Please note that this information does not replace a Local Search conducted by the Local Land Charges team. Therefor it should not be used as a substitute.

For guidance on land use and new developments in the district until 2026, please visit the LDF Portal. It contains the Site Specific Policies Local Plan and other relevant documents. We also offer links to more pages on our website with related information. 

For more information, please also see the following websites:

• the Environment Agency
• the Department for Communities and Local Government

Flood risk

Flooding is a natural process that shapes the environment, but it can also cause damage to property and put lives at risk. Flooding can occur from rivers, coastal waters, groundwater, and artificial sources like sewers. You can't completely prevent flooding. However, its impacts can be minimised through effective planning and management.

Planning policy guidance can be found in the Government's NPPF (National Planning Policy Framework). It provides advice on how to manage flood risk as part of the planning process.

Local planning authorities must consider current planning policy when creating new communities or revitalising existing ones.

Flood risk should be considered at every stage of the planning and development process. This will range from regional plans to local plans and individual site development.

In areas prone to flooding, the local planning authorities may need to consult the Environment Agency. They can advise on development proposals.

In some locations, a flood risk assessment will be required.

For further information see:

• Flood Risk (LDF) - Please refer to Core Strategy CS13, paras 10.8 – 10.13
• paragraphs 7.4 – 7.9 of Development Policies D24
• Central Wakefield Area Action Plan CW21-CW24
• Flood Risk (Assessments and Management) – refer to Strategic Flood Risk Assessment and Flood Risk Management
• the National Planning Policy Framework

Contaminated land

The planning system plays a crucial role in dealing with land contamination. The potential risks from contaminated land are considered by planning authorities when creating development plans and assessing planning applications.

Some types of highly contaminated land are classified as special sites. These are regulated by the Environment Agency. These sites need special attention due to the severity or complexity of the contamination.

• our contaminated land page
• paragraph 9.25 in Core Strategy CS10
• paragraphs 6.133 and 6.137 in Development Policies D22
• Environment Agency website

Article 4 directions

Certain types of development can be carried out without the need for planning permission. This is known as permitted development.

It applies to minor projects by homeowners, farmers, foresters, and public bodies like utility providers.

However, local authorities can restrict these rights through Article 4 directions of the Town and Country Planning (General Permitted Development) Order 1995. This is done if there is a significant impact on the area's character or if building alterations pose a threat to a conservation area.

Authorities have the power to withdraw permitted development rights. Also, certain types of directions need approval or confirmation by the Secretary of State.

You can get more information on the statutory policy we issue Article 4 directions on legislation.gov.uk.

Article 3 Restrictions 

The Town and Country Planning (General Permitted Development) Order 1995 allows certain types of development to proceed without planning permission. This is as long as specific conditions and limitations outlined in Article 3, Schedule 2 of the Order are met. These developments are generally considered uncontroversial and acceptable.

To determine if your proposal falls under permitted development, it is crucial to consult Schedule 2 of Article 3 in the Order to identify the relevant type of development.

It's important to note that the Order has been amended many times. You should always refer to the latest amendment to understand what qualifies as permitted development.

Additionally, certain permitted development rights may have limitations or conditions. So careful consultation is necessary before proceeding with any development.

For further information see:

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

Listed Buildings

View further information about Listed Buildings under the links below:

• Listed Buildings (Wakefield Council) - 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

View further information about Conservation Areas under the links below:

• Conservation Area (Wakefield Council) - 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 - a link to the government's 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

View further information about TPOs under the links below:

• TPO (Wakefield Council) - 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