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Durham County Council Information Service
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Guidance on Applying for Planning Permission

Planning applications for minerals and waste matters and County Council developments (schools, roads, social care facilities) should be submitted to the County Council for determination. Other types of planning application such as housing, industrial or commercial developments should be made to the District and Borough Planning Departments.

Do I need planning permission?

The Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 set out the planning framework. Subject to certain provisions planning permission is required for any development of land. 'Development' is defined in the 1990 Act as 'the carrying out of building, engineering, mining or other operations in, over, on, or under land or the making of any material change of use of any buildings or other land.

Use of land for agriculture and forestry and maintenance or improvement works undertaken by the highway authority within the boundaries of a road are specifically excluded from the definition of development.

The full text of the main Planning Acts are available through the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004.

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Permitted Development

Planning legislation provides general permissions for minor developments. Provided specified thresholds are not exceeded, works and uses can be undertaken as 'permitted development' without the need to apply for planning permission. Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO) lists the principal categories of permitted development.

The following parts of Schedule 2 of the GPDO are of particular relevance to Minerals and Waste developments:

2 – Minor operations
4 – Temporary buildings and uses
6 – Agricultural buildings and operations
9 – Repairs to unadopted streets and private ways
16 – Development by or on behalf of sewerage undertakers
19 – Development ancillary to mining operations
20 – Coal mining development by the Coal authority and licensed operators
21 – Waste tipping at a mine
22 – Mineral exploration
23 – Removal of material from mineral-working deposits

With regard to County Council development, the following parts of Schedule 2 are of relevance:

2 – Minor operations
4 – Temporary buildings and uses
6 – Agricultural buildings and operations
9 – Repairs to unadopted streets and private ways
12 – Development by local authorities
13 – Development by local highway authorities
31 – Demolition of buildings
32 – School, colleges, universities and hospitals

Before making use of permitted development rights, it is advisable to check with the Planning Development Control team for further advice.

The following link takes you to the Town and Country Planning (General Permitted Development) Order 1995.

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Application Forms and Guidance Notes for Downloading

1APP application forms and guidance notes available for downloading as well as Minerals Application forms

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Guidance on Fees

The following documents provide information on fees for various developments. The information is taken from the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005. Please note: planning fees are scheduled to be updated in April 2008. Further details will be available here in due course.

Schedule of Fees for Minerals and Waste Developments

PDF IconGuide to min waste fees jul05.pdf (2 pages, 10kb)
Date of Publication: Modified July 2005

Schedule of Fees for County Council Developments

PDF IconGuide to Fees for DCC devl jul05.pdf (3 pages, 12kb)
Date of Publication: Modified July 2005

For further information on calculating planning fees, you may use the fee calculator on the Planning Portal website.

To make a payment for a planning application you may pay by credit or debit card using our facility to pay planning fees online. This facility will take you off to the Netbanx secure payments server where you make the actual payment. Alternatively you may pay by cheque, making it payable to ‘Durham County Council’, and send it to the following address:

Planning Development Control
Environment
Durham County Council
County Hall
Durham
DH1 5UQ

Please note that a planning application cannot be validated until the correct planning fee has been submitted. Please contact a member of the Planning Development Control team if you require further advice on planning fees.

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How to Contact Us

Telephone: 0191 3835698
Email: Development Control