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Constraints that may affect your application

 

When considering a planning application the Council must pay attention to any constraints that may affect your site. Examples of constraints and links to further information about these are listed below.

The Council is in the process of adding details of further constraints to our online map based information system which through the property based search will provide details of any relevant constraints. As this work is ongoing you are advised to contact Development Management if you wish to ensure that you have all the relevant information prior to making your application

Unitary Development Plan (UDP)

The council produces a UDP that covers the whole of the Gateshead Borough which highlights policies that may affect your proposal. .

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National Guidance (PPS)

The Government produces several planning policy statements and circulars which provide guidance on how Local Planning Authorities must consider certain issues and constraints that may affect planning applications. The Planning Portal website gives more information about these policies.

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Regional Spatial Strategies (RSS)

Each Regional Planning Body is preparing a Regional Spatial Strategy. This sets out things such as how many homes are needed to meet the future needs of people in the region, or whether the region needs a new major shopping centre or an airport. The Planning Portal website gives more information about the RSS for the North East.

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Flood Risk

If your site is with an area at risk of flooding then you may be required to submit further information with your application. If flooding is an issue the Environment agency will be consulted on your application. You can find out whether your site is within a flood risk area and any implications of that on the Environment Agency website and the Council’s Strategic Flood Risk Assessment.

Flood Risk and Water Management

The Local Planning Authority has a duty to assess flood risk and water management implications of new development. The Local Planning Authority works in partnership and seeks advice from flood risk and water management bodies including the Lead Local Flood Authority  the Environment Agency and Northumbrian Water.  

The Councils' water management guide  and interim Suds advice sets out the planning policy context and sources of useful information and guidance. They also sets out the requirements for flood risk assessments, drainage impact assessments and water framework assessments, which will need to be submitted with a planning application.

The Council recommends early pre-application advice is sought on flood risk, drainage and water management.

From 16 April 2015, the Council’s Lead Local Flood Authority became a statutory consultee on surface water management for major development. The use of Sustainable Drainage Systems (SuDS) is a material consideration for major development, unless it is demonstrated to be inappropriate. It is strongly recommended pre-application discussions are held with the case officer about the implications of Sustainable Drainage Systems.

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Contaminated Land

Previous uses of land on your site may mean that contaminants may still be present in the ground. The Council has records showing sites that have potential contamination, however, previous uses of the site may mean that sites not on the Council’s register may still be affected. The Council is in the process of digitising this information. The areas that have been digitised are available on Council's website using the property based search. However, you should be aware that this work is not yet complete and may not be up-to-date. If you wish to check this information please contact Development Management.

A guide to land contamination can be found here.

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Tree Preservation Orders

Trees are protected by Tree Preservation Orders and if they are located in Conservation Areas. The Council must be notified in advance of any proposed work to be carried out on or around protected trees. Enforcement Action is carried out where necessary.

Information and application forms

Find out if your trees are protected by a TPO or are in a Conservation area by using the Council's property based search.

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Conservation Areas

Gateshead has several conservation areas which restrict the development you can undertake. More information on how this can affect you can be found on our conservation areas page. 

Find out if your site is in a Conservation area by using the Council's property based search.

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Listed Buildings

Gateshead has around 240 listed buildings for which permission is required for internal and external building works. A register of listed buildings is also available.

English Heritage is the governing body that advises on what is acceptable development in listed buildings.

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Article 4 Restrictions

For some properties the Council has considered it appropriate to remove the usual permitted development rights allowed under the Town and Country Planning (General Permitted Development) Order 1995. This means any works to these buildings require planning permission. Find out if your site is affected by using the Council's property based search.

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Wildlife and Habitat Protection

If your site is located near to a designated wildlife area such as a Site of Special Scientific Interest ( SSSI ) or a Site of Nature conservation Interest ( SNCI ) or would affect protected species or their habitat then further information may be required to be submitted with your application. Useful information can be found on the Natural England website.

Please contact Development Management for further information about whether your proposal is affected.

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Areas of Outstanding Natural Beauty

Gateshead has no Areas of Outstanding Natural Beauty.

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Contact Us

Development Management
Civic Centre
Regent Street
Gateshead
NE8 1HH

Phone: 0191 433 3000
Fax: 0191 433 3340
Email: enquiriesdevcon@gateshead.gov.uk