This page identifies a series of major planning constraints. The list is not exhaustive and has been compiled from those required by PARSOL (Planning and Regulatory Services Online). Further information and advice can be obtained from the planning advice pages and frequently asked questions (FAQs).
Each item is described, its relevance to the planning application process outlined and links provided to the associated local and national policy information. The items covered are:
Flood risk.
Contaminated land.
Tree Preservation Orders.
Conservation Area.
Listed building.
Areas of Outstanding Natural Beauty.
Article 4 Directions.
Article 3 restrictions on permitted development rights.
Flood risk is a material planning consideration and relates to both river and coastal flooding. It is a very important factor in the planning process particularly in the light of current concerns about climate change and the need for sustainable development.
National Policy aims to ensure that flood risk is taken into account at all stages of the planning process, to avoid inappropriate development in areas at risk, and to not increase flood risk elsewhere. Planning Policy Statement 25 'Development and Flood Risk' set out national policy. (PPS25) .
The New Forest District Local Plan First Alteration contains relevant saved policies DW-E49 River and Coastal Flooding and DW-E50 Drainage which set out requirements for new development. (view policies DW-E49 and DW-E50)
A Strategic Flood Risk Assessment (SFRA) for Local Development Frameworks has been produced by New Forest District Council and the New Forest National Park Authority in accordance with PPS25. This sets out more specific local details including incidents of local flooding. (view SFRA)
Major flooding of property in the New Forest district has occurred mainly in low lying coastal areas and from the more major watercourses and main rivers (watercourses defined on Main River Map held by the Environment Agency). However, flooding of property has also come from other sources such as minor or ordinary watercourses (any watercourse that is not a Main River), overland flows from fields etc. high groundwater levels and from the highway. A planning application could be refused for certain developments within a flood risk area and also if the proposal would lead to increased flood risk.
PLEASE NOTE that there are some circumstances where a Flood Risk Assessment is not required by Environment Agency Standing Advice BUT by virtue of localised issues not within the Environment Agency's remit a Flood Risk Assessment (District) will still be required to be submitted and/or conditions attached to any subsequent planning approval.
This requirement will be identified in consultation with Land Drainage once a planning application has been submitted. Prior indication as to whether a Flood Risk Assessment will be required may be obtained by emailing land.drainage@nfdc.gov.uk
Planning Applications
The Council consults the Environment Agency on most development proposals considered to be at medium to high risk from flooding. The Environment Agency provides general advice on flooding as well as technical advice to local planning authorities and developers on how best to avoid, manage and reduce the adverse impacts of flooding.
The Environment Agency has identified three flood risk zones. If your property falls within zone 2 or 3 you must submit a flood risk assessment (FRA) with your planning application. Also if your property falls within zone 1 it is also likely that a FRA will be required. The scope of the FRA will depend on the flood risk zone and the type of development proposed.
For a property in Zone 1 with a site area less than 1 hectare a FRA may be required, depending on the type and location of the development proposed. Applicants are advised to email the location , Ordnance Survey grid reference and outline proposals to the Council's Land Drainage Section at Land.drainage@nfdc.gov.uk for advice on whether a FRA will be required.
Find out whether your property lies within an Environment Agency Flood Zone.
For more localised information go to New Forest District Council and New Forest National Park Authority Strategic Flood Risk Assessment for Local Development Frameworks. This shows locations of flood incidents in the District and other information about flooding.
If your property falls within a Flood Risk Zone we encourage applicants to consult with the Environment Agency before submitting their planning application. You can do this using their pre-application enquiry form
If you want to know more about FRA's please visit our frequently asked questions.
New Forest District has also prepared a series of planning advice notes relating to the requirements for a flood risk assessment.
Relevant Policies of the New Forest District Local Plan First Alteration:
DW-E7 Sustainable Drainage Systems (page 5)
DW-E49 Flooding and Drainage (page 35)
DW-E50 Drainage (page 36)
DW-E51 Off-site improvements to surface water drainage (page36)
External Links
The Environment Agency provides general advice on flooding issues and a pre-application enquiry form. Additional information on flood risk can be found on the Environment Agency website.
National Policy
Planning Policy Statement 25 - Development and Flood Risk (PPS25)
Planning Policy Statement 25 - Development and Flood Risk -Practical Guide
Planning and Flood Risk PPG20 - Coastal Planning (PPG20)
Local Links
For more localised information view the New Forest District Council and New Forest National Park Authority Strategic Flood Risk Assessment for Local Development Frameworks. This shows locations of flood incidents within the District and other information about flooding.
The Council has produced a set of Frequently Asked Questions (FAQs) on Flood Risk and a series of guidance notes which give advice on what additional considerations you need to give to your proposed development and the extra information that should be provided with your planning application if you are located in a flood risk area.
Contamination of land can occur as a result of previous industrial use and may represent harm to human health and the environment. Although a regime exists to deal with historical contamination under Part IIA of the Environmental Protection Act 1990 it is anticipated that many contaminated sites will continue to be dealt with under the planning system. Contamination is a material planning consideration which means that a Local Planning Authority (LPA) must consider contamination when they prepare development plans or consider individual applications for planning permission.
LPAs are responsible for ensuring that land contamination is dealt with through the planning system and that remediation takes place where it is required. It is the responsibility of the developer to carry out the remediation and satisfy the local authority that the remediation has been carried out as agreed.
A key difference between planning and Part IIA of the Environmental Protection Act 1990 is that Part IIA deals with the contamination risk from a site in its current use, but the planning system requires that the proposed use is considered. Therefore the remediation requirements under the planning system can be wider than under Part IIA. Where remediation is carried out under the planning system, it should ensure that the site is in such a condition that it would not still meet the definition of contaminated land under Part IIA.
The District contains a number of sites that may be contaminated. New Forest District will consult with Environmental Health on planning applications submitted for certain types of development and those in certain locations for advice before an application is valid. In some cases a contaminated land report will need to be submitted and in other cases this can be dealt with by condition. For advice on what is required please follow the links to the Environmental Health website below.
Environmental Health website provides guidance on contaminated land issues and details of the Councils contaminated land strategy.
Guidance on development on potentially contaminated land has been produced by the Hampshire and Isle of Wight Contaminated Land Liaison Group.
External links
The Environment Agency website has useful information about contaminated land and planning.
The Department of Environment Food and Rural Affairs have information on policy context, the current regime and frequently asked questions
Part IIA of the Environmental Protection Act 1990 forms the legislative framework. (view the document here)
Relevant Policies of the New Forest District Local Plan First Alteration:
DW-E48 - Contaminated Land. View the policy here. (See page33)
National guidance
PPS10 Planning and Waste Management (PPS10)
PPS23 Planning and Pollution Control (PPS23)
Tree Preservation Orders (TPO)
The impact of a development proposal on the natural environment is an important material planning consideration. Certain trees are an important amenity feature in our landscape that should be retained for future generations wherever possible. Sometimes there are large and important trees on or adjoining development sites that could be affected by the development. Where a tree is protected, or if it not protected it is considered to have important amenity value we will consult with our tree team on the planning application.
Tree Preservation Orders (TPOs) were introduced in the late 1940s to enable Local Planning Authorities (LPA) to protect important trees. Current legislative controls are contained within the Town and Country Planning Act 1990 and interpreted in the publication Tree Preservation Orders - A Guide to the Law and Good Practice (view the publication).
TPOs can be placed on any single tree, group of trees, an area of trees or woodland that has amenity value. Trees that are exempt from TPOs are those that are dead, dying, diseased or imminently dangerous and fruit trees grown for the commercial production of fruit. TPO controls prohibit the cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without prior consent from the LPA. The maximum penalty for carrying out works to TPO trees without consent is currently £20,000.
It is important to note that trees growing in Conservation Areas enjoy similar protection to trees covered by a TPO and a tree works application is required if work is proposed to them or they are to be felled regardless of the need for a planning application.
Planning permission could be refused if it would have either an adverse impact on the long term health and survival, or the loss of a protected tree or group of trees. If planning permission is granted there are likely to be conditions attached to ensure that the tree(s) are not damaged during construction works. Conditions would usually include a requirement for protective fencing to be erected before any works commence on the site and the prohibition of excavation of service runs, storage of materials or changes in levels within a specified distance of the tree.
A tree work application is required to do works to protected trees and in conservation areas tree work applications are required for works to non protected trees over a certain size. A number of explanatory leaflets give more detail about tree matters (view a list of publications here). Further information is also available in the trees section of this website (tree section).
External website links
Tree Preservation Orders: A Guide to the Law and Good Practice (view the publication here).
The British Standard for tree works BS5837:2005 can be found on the BSI website.
Relevant Policies of the New Forest District Local Plan First Alteration:
Policy DW-E8 - Trees on development sites. View the policy here. (See page 6)
A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the special planning controls that apply to conservation areas. The types of questions used to consider proposals for the designation of a conservation area can be found on this website.
There are 24 Conservation Areas in the New Forest District which each have an individual Conservation Area Appraisal.
In addition to normal planning requirements certain additional controls apply in conservation areas. The permitted development rights are more limited and tree work applications are required for works to non protected trees over a certain size. Conservation Area Consent is required for certain works and demolition even if planning permission would not normally be necessary.
Within a Conservation Area a Design and Access statement 
needs to be submitted with every planning application, including household extensions.
The Council has a designated Environmental Design team who can give advice on building conservation or urban design issues.
External links:
English Heritage has some general information on conservation areas
The Commission for Architecture and the Built Environment (CABE), is the government's advisor on architecture, urban design and public space. They work directly with architects, planners, designers, developers and clients, offering them guidance on projects. Some useful information can be found on their website.
Relevant Policies of the New Forest District Local Plan First Alteration:
DW-E23 - New Development in Conservation Areas
DW-E24 - Demolition in Conservation Areas
DW-E25 - Shopfronts in Conservation Areas
DW-E26 - Advertisements in Conservation Areas. View the policies here. (See pages 16-19)
National guidance:
A guide to the special planning controls that apply in Conservation Areas is set out in the Planning (Listed Buildings and Conservation Areas) Act 1990
A useful guide to listed buildings and conservation areas is Planning Policy Guidance Note 15 (PPG15) 'Planning and the Historic Environment' (view PPG15 here).
Listed buildings are buildings of special historic or architectural interest which have been recorded by the Department of Culture, Media and Sport. Buildings on the list are graded I, II* and II, Grade I being the most important. For Listed Buildings a special form of planning consent, Listed Building Consent, is required for virtually any proposals which result in change. Applications affecting Grades I and II* listed buildings and those involving demolition are required to be referred to the Secretary of State for Culture Media and Sport.
Internal and external works to listed buildings require listed building consent. Listed Building Consent is required for repairs alterations and /or extensions which materially alter the appearance, structure or historic interest of a listed building. This is in addition to any requirement for planning permission for a proposal.
There are just over 1500 listed buildings in the New Forest District. The buildings include High Street shops and houses, country houses and cottages, a range of agricultural buildings, walls and even telephone boxes and milestones.
For listed buildings a Design and Access statement needs to be submitted with every application.
The Council has a designated Environmental Design team who can give advice on listed buildings, building conservation or urban design issues.
External links:
English Heritage has guidance on listed building issues
The Commission for Architecture and the Built Environment (CABE), is the government's advisor on architecture, urban design and public space. They work directly with architects, planners, designers, developers and clients, offering them guidance on projects. Some useful information can be found on their website.
Relevant Policies of the New Forest District Local Plan First Alteration:
DW-E18 - Alterations, extensions and repairs to listed buildings
DW-E19 - Demolition of listed buildings
DW-E20 - Setting of Listed building
DW-E21 - Change of use of listed buildings and other buildings of importance to the character of Conservation Areas
DW-E22 - Exceptional Development to retain listed buildings or other important buildings. View the policies here. (See pages 13-16)
National guidance
A guide to the special controls that apply to Listed Buildings are set out in the Planning (Listed Buildings and Conservation Areas) Act 1990
A useful guide to listed buildings and conservation areas is Planning Policy Guidance Note 15 (PPG15) 'Planning and the Historic Environment' (view PPG15 here).
Areas of Outstanding Natural Beauty (AONB)
An Area of Outstanding Natural Beauty (AONB) is designated by Natural England, under the National Parks and Access to Countryside Act 1949. AONBs share the highest status of protection in relation to natural and scenic beauty. The primary objective of designation is conservation of the natural beauty of the landscape.
Designation brings with it restrictions on the type of development that can be carried our without planning permission. Policies and decisions on planning applications in AONBs should favour the conservation of the natural beauty of the landscape whilst it is also be appropriate to have regard to the economic and social well being of the area.
Within New Forest District lies the Cranborne Chase and West Wiltshire Downs AONB which also extends into Dorset, Wiltshire and Somerset. Further information on this AONB can be obtained on Natural England - Cranbourne Chase and West Wiltshire Downs . View a map of its extent on the Cranborne Chase and West Wiltshire Downs AONB website.
The District places a high priority on the preservation and enhancement of the natural beauty, wildlife and cultural heritage of the Cranborne Chase and West Wiltshire Downs AONB and will restrict development within it accordingly having regard to policy advice.
Within an AONB a Design and Access statement needs to be submitted with every planning application.
External links:
Natural England have further details on AONBs on the Natural England website.
The Cranborne Chase and West Wiltshire Downs AONB have their own website.
The Relevant Policies of the New Forest District Local Plan First Alteration:
DW-E34 - Development in the Cranborne Chase and West Wiltshire Downs AONB. View the policy here. (See page23)
National guidance:
PPS7 Sustainable development in rural areas (view PPS7 here
An Article 4 Direction is an Order made by the Secretary of State to restrict the grant of planning permission by a Local Planning Authority, either indefinitely or for a specified period.
Certain types of development can normally be carried out under permitted development rights without the need for planning permission. In some circumstances, authorities may wish to prevent people from exercising these rights in order to retain control on the way in which the development is carried out. This is done by means of a direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 Order (view Article 4 Directions here).
Government policy is that permitted development rights should only be withdrawn in exceptional circumstances, where there is evidence of a real and specific threat to an interest of acknowledged importance.
Local Planning Authorities have to apply to the Government Office of the South East as the Secretary of State's representative, to approve an Article 4 direction. If approved planning applications have to be formally made to the LPA and the LPA may be liable to pay compensation if it subsequently refuses permission or grants it subject to conditions not previously imposed on the permitted development.
External website links
The Government Office for the South East has some limited information on Article 4 Directions (view information here).
Article 3 restrictions on permitted development rights
This Article means that in certain circumstances the usual permitted development rights do not exist and therefore a planning application is required.
Article 3 (5) of the Town and Country Planning (General Permitted Development Order) 1995 (view Article 3 Restrictions here) specifies that the usual permitted development rights set out in the Order shall not apply if:
- a permission granted in connection with an existing building and building operations involved in the construction of that building are unlawful or
- if permission is granted in connection with an existing use, that use is unlawful.
