Planning constraints

In determining planning applications Cheshire East Council has to take account of the following planning constraints in addition to national and local policy guidance.

• Flood Risk information from the Environment Agency 
• Guidance on Local Requirements:Biodiversity and Geodiversity Conservation Statements (PDF, 1MB)
• Landscape
• Contaminated Land
• Protected trees
• Conservation Areas
• Listed Buildings

For definitions of these and other planning terms visit the Planning Portal glossary page.

Areas of Outstanding Natural Beauty

Areas of Outstanding Natural Beauty are areas of the country designated for their natural beauty. AONB's are designated by Natural England.

This is a national designation for areas of precious landscape outside National Parks whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them.

There are no designated areas within the boundaries of Cheshire East Council.

Article 3 restrictions on permitted development

Removal of permitted development rights

Permission to carry out certain limited forms of development, without the need to make an application to a local planning authority, is granted under the terms of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) and is known as “permitted development”. For example If you live in a house, you can make certain types of minor changes to your home without needing to apply for planning permission.

In certain cases the Council will remove “permitted development rights” by imposing planning conditions on planning approvals. This allows future control over development that would normally not need planning permission and may affect

• rights to extend buildings
• rights to erect outbuildings
• rights to erect fences or walls
• rights restricting the use of garages
• restriction of future use

These rights are removed to ensure the development accords with policies in Adopted Local Plans.

In some areas of the Borough permitted development rights are more restricted. If you live in a Conservation Area you will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if your house is a listed building.

• Find more information on the need for planning permission

Article 4 directions

A direction removing some or all permitted development rights, for example within a conservation area or curtilage of a listed building. Article 4 directions are issued by local planning authorities.

Page last reviewed: 11 February 2019