Constraints

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.

Please visit the LDF Portal where the Site Specific Policies Local Plan and other documents are located to guide you on the use of land and new developments throughout the district until 2026. 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 contained within the Government's NPPF – National Policy Framework 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, when developing new communities and regenerating existing ones. Flood risk should be 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.

For further information see:

Development Policies D24, paras 7.4 – 7.9,

Central Wakefield Area Action Plan CW21-CW24

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.

For further information see:

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.

For further information see:

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.

For further information see:

Listed Buildings

View further information about Listed Buildings under the links below:

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

Contact us

Planning Services

Development Management
Wakefield Council
Wakefield One
PO Box 700
Wakefield
WF1 2EB

0345 8 506 506