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Page last updated on 21/1/2011
Planning constraints 

Potential Constraints and Issues Affecting Development

In determining your application we will have regard to the planning policies and the planning constraints relating to the site.

The most common additional planning constraints that you should be aware of include:

} Conservation areas
}    Article 4 Directions
} Listed buildings
} Tree preservation orders (TPOs)
} Article 3 restrictions on permitted development rights
} Flood risk zones
} Contaminated land

When your application falls into one of the constraint or policy areas listed above, we may require additional information relating to the constraint to be supplied with you application.

Conservation Areas

It is fundamental to the County’s policies that there should be effective protection for all aspects of the historic environment. The physical survivals of our past are to be valued and protected for their own sake, as a central part of our cultural heritage and our sense of national identity. They are an irreplaceable record and resource, which contributes to our understanding of both the present and the past. Their presence adds to the quality of our lives, by enhancing the familiar and cherished local scene and sustaining the sense of local distinctiveness, which is so important an aspect of the character and appearance of our towns, villages and countryside.

The county currently has 17 conservation areas and 10 areas in Carmarthen. 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", as defined by the 'Planning (Listed Building and Conservation Areas) Act 1990.

Rights to carry out certain development without applying for planning permission are affected if the development is within a conservation area and you should seek advice if in doubt about whether planning permission is required.

For further information please view the Conservation Areas webpage.
For further information please view the Restrictions on permitted development webpage.
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Article 4 Directions

Whereas in many cases works can be done to individual properties without the need to make a planning application, in some instances an Article 4 direction has been made which requires the submission of an application for works that would otherwise fall outside planning control.  This enables the Council to exercise more control to protect the historic and architectural character of the town.

Usually, Article 4 directions are put in place to protect conservation areas. At present there are three designated within the County: Cwmdu, Llandovery, Llangadog and the Laugharne Taf Estuary.

For further information please view the Restrictions on permitted development webpage.

Listed Buildings

A listed building is one that has been statutorily listed as being of architectural or historic interest. The Planning (Listed Buildings and Conservation Areas) Act 1990 requires that the owners of Listed Buildings take proper steps to preserve these buildings, and Listed Building Consent must be obtained for any demolition, or alterations internal or external that materially affect the special character of the buildings.

At present in addition to obtaining listed building consent you may also have to apply for planning permission.

View the Listed Buildings webpage.
You may also wish to view CADW's website.
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Tree Preservation Orders

The council can protect trees by making Tree Preservation Orders meaning that trees protected in this way cannot be pruned or felled without the council's permission and if permission is granted they must be replaced. Trees within Conservation Areas are also subject to protection and an application must be made to fell or carry out works to trees in Conservation areas. The preservation of important trees in the local environment can be as important to the character of the area as a significant building. The planning process considers the impact of any development on the long-term health of trees in addition to ensuring that this lifespan is not adversely affected by development.

Where there are trees within the application site, or on land adjacent to it that could influence or be affected by the development (including street trees), information will be required on which trees are to be retained and on the means of protecting these trees during construction works. A qualified arboriculturist should prepare this information.

Full guidance on the survey information, protection plan and method statement that should be provided with an application is set out in the current BS5837 ‘Trees in relation to construction – Recommendations’. Using the methodology set out in the BS should help to ensure that development is suitably integrated with trees and that potential conflicts are avoided. This information is justified by requirements outlined in Technical Advice Note (TAN) 12: Design (2002) paragraphs 5.15 -5.18 and CUDP Policy GDC 19 and 20.

For further information please view the Tree Preservation Orders webpage.
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Article 3 Restrictions on Permitted Development Rights

An Article 3 Direction removes permitted development rights for most forms of development if an Environmental Impact Assessment (EIA) is required. 

For further information please view the Restrictions on permitted development webpage.

Flood Risk Zones

Flooding from rivers and coastal waters is a natural process that plays an important role in shaping the natural environment. However, flooding threatens life and causes substantial damage to property. The effects of weather events can be increased in severity both as a consequence of previous decisions about the location, design and nature of settlement and land use, and as a potential consequence of future climate change. Although flooding cannot be wholly prevented, its impacts can be avoided and reduced through good planning and management. Planning for flood risk avoids, reduces and manages flood risk by taking full account in decisions on plans and applications of: present and future flood risk, involving both the statistical probability of a flood occurring and the scale of its potential consequences; and the wider implications for flood risk of development located outside flood risk areas. The Environment Agency has an important role in warning people about the risk of flooding, and in reducing the likelihood of flooding from rivers and the sea.

If you are proposing development in an area at risk from flooding you should contact the Environment Agency. It is likely that in many cases you will be asked to prepare a flood consequence assessment.  The information is justified by requirements of TAN 15 and Unitary Development Plan Policy GDC30.

For further information please view the Environment Agency website the Technical Advice Note

TAN 15: Development and Flood Risk – 2004 on the Welsh Assembly website.
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Contaminated Land

Land may become contaminated through various activities such as industrial operations, waste management activities, spillages and leaks. Any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, and the planning system plays a key role in determining the location of development which may give rise to pollution, either directly or indirectly, and in ensuring that other uses and developments are not, as far as possible, affected by major existing or potential sources of pollution.

 
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