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Do I need Planning/Building Permission?

Not all development and building work requires planning permission or the issuing of a Building Regulation Licence. Further information regarding work that does not require planning or building permission can be found here.

pdf icon The Building and Development Control (Exemptions) (Alderney) Ordinance, 2007 [197kb] provides guidance in relation to the law and need for planning permission and development which can be carried out without requiring the specific grant of planning permission.

  • Planning exemptions - household works not requiring planning permission

    • Some work can be carried out by householders without requiring the specific grant of planning permission, these are known as Exemptions.

    • Please Note:

    • ⇒ There may be conditions of previous permissions that affect exemptions, for example, where planning permission for a group of houses was granted subject to a condition removing exemption rights for walls, sheds etc.

    • ⇒ planning permission will be required in all cases for changes to Protected Buildings unless the contrary is specifically stated in the exemption.

    • Please seek pre-application advice if your query relates to a:

    • ⇒ Protected Building

    • ⇒ flat or commercial building.

    • All exemptions are subject to a number of important general provisos, which are:

    • ⇒ The development must be within your domestic curtilage. This is usually, but not always, your garden area.

    • ⇒ There is a limit on the total area of exempt development which can be permitted within the curtilage of a house. No more than 50% of the curtilage, excluding the ground floor of the house as originally constructed, may be covered.

    • ⇒ All of the conditions of the exemption must be satisfied for the exemption to apply.

    • Exemptions for dwelling houses' do not apply to:

    • ⇒ A flat or maisonette or a building containing one or more flats or maisonettes, or

    • ⇒ Any building used as self-contained self-catering holiday accommodation.

    • The list below details what is permitted under planning exemptions and the conditions that apply.

    • 1. Alterations to the external walls of a dwelling-house consisting of rendering, removing render or re-cladding in natural stone or wood provided that the regulated development is not carried out in relation to any building which was substantially constructed before 1900, or is in a conservation area or a designated Area.

    • 2. Installation of a satellite dish antenna on, or within the curtilage of, a dwellinghouse provided that - (a) there is only one satellite dish antenna on or within the curtilage of the dwellinghouse, (b) the size of the satellite dish antenna, including any means of fixing, measured in any dimension, does not exceed 90 centimetres, (c) the satellite dish antenna does not face the highway in any conservation area.

    • 3. Installation of a solar panel on, or within the curtilage of, a dwelling-house provided that- (a) where the panel is mounted on a roof, it is installed parallel to the plane of the roof slope and it projects no more than 30 centimetres from that plane, (b) the panel is not installed on any roof slope facing a highway, (c) where the panel is mounted on the ground, no part of it is located forward of any elevation of the dwelling-house that faces a highway, (d) where the solar panel is mounted on the ground- (i) it does not exceed 2 metres in height, (ii) the total area of the panel to be installed, or of that panel together with any other panel mounted on the ground within the curtilage, does not exceed 10 square metres, and (iii) it is not located more than 30 metres from the dwelling-house.

    • 4. The replacement of a door or window within an existing aperture in a dwellinghouse except where the dwelling-house is within a conservation area or a designated area, or was substantially constructed before 1900 provided that, the replacement is of the same design, means of opening and made of the same material as the one it replaces.

    • 5. The installation of a door or window within a new aperture in a dwelling-house provided that - (a) the new door or window is not installed in any elevation of the dwelling-house that faces a highway, or is visible from a highway if the property is in a conservation area or a designated area, (b) where the new door or window is installed in any elevation of the dwelling-house that faces a boundary with a neighbouring dwelling-house, such door or window is not within 5 metres of that boundary unless that elevation already has a door or window, (c) the new door or window is not installed above ground floor level.

    • 6. The re-roofing of a dwelling-house or of an outbuilding within the curtilage of a dwelling-house provided that where the dwelling-house or outbuilding is within a conservation area or a designated area, or is substantially constructed before 1900, the material to be used is identical material to the one it replaces.

    • 7. The installation of a roof-light on the roof of a dwelling-house provided that - (a) the roof-light does not exceed 1 metre x 0.6 metre, measured in any dimension, (b) the roof-light is installed on a roof slope that does not face an adjacent highway, (c) there are no more than two roof-lights, including that to be installed, on the roofslope in question.

    • 8. The installation of a dormer within the roof-space of a dwelling-house provided that - (a) the maximum width of the dormer, measured across its outside face, does not exceed 0.90 metres, (b) the dormer is not installed in a roof slope that faces an adjacent highway, (c) any glazing on the dormer is not within 10 metres, measured horizontally, of a boundary with a neighbouring residential property, (d) there are no more than two dormers, including that to be installed, on the roofslope in question.

    • 9. The replacement of a porch on any elevation of a dwelling-house provided that - (a) where the dwelling-house is within a conservation area or a designated area, or was substantially constructed before 1900 the material to be used is of the same material as the one it replaces. (b) the porch is located on an elevation of the dwelling-house that does not face a highway, (c) the porch is approximately the same size as the one it replaces.

    • 10. The erection of a porch on any elevation of a dwelling-house provided that - (a) it is located on an elevation of the dwelling-house that does not face a highway, (b) the floor area of the porch does not exceed 3 square metres and the height of the porch does not exceed 3 metres, (c) the porch is not within 2 metres of a highway, (d) there is only one porch attached to the dwelling-house, (e) the dwelling-house is not within a conservation area or a designated area.

    • 11. The erection of a garden structure designed and used for the support of plants within the curtilage of a dwelling-house provided that- (a) no part of the structure extends forward of any elevation of the dwelling-house that faces a highway, (b) the height of the structure does not exceed 3 metres, (c) where any part of the structure is within 1 metre of the boundary of a neighbouring property the height of that part does not exceed 2 metres, (d) no part of the structure is located more than 30 metres from the dwelling-house, (e) neither the dwelling-house nor the structure is within a conservation area or a designated area, or was substantially built before 1900.

    • 12. The erection of a freestanding shed, within the curtilage of a dwelling-house, to be used solely for the non-commercial purposes of that dwelling-house provided that- (a) no part of the shed extends forward of any elevation of the dwelling-house that faces a highway, (b) the height of the shed does not exceed 2.3 metres, (c) where any part of the shed is located within 1 metre of the boundary of a neighbouring property the height of that part does not exceed 1.5 metres, (d) the base area of the shed does not exceed 6 square metres, (e) no part of the shed is located more than 30 metres from the dwelling-house (f) the walls of the shed, other than glazed areas, are constructed of timber, natural stone or rendered block work, (g) there is only one shed within the curtilage, (h) neither the dwelling-house nor the shed is within a conservation area or designated area.

    • 13. The erection of a freestanding glasshouse, within the curtilage of a dwellinghouse, to be used solely for the non-commercial purposes of that dwelling-house provided that- (a) no part of the glasshouse extends forward of any elevation of the dwelling-house that faces a highway, (b) the height of the glasshouse does not exceed 2.75 metres, (c) where any part of the glasshouse is located within 1 metre of the boundary of a neighbouring property the height of that part does not exceed 2 metres, (d) the base area of the glasshouse does not exceed 12 square metres, (e) no part of the glasshouse is located more than 30 metres from the dwelling-house, (f) there is only one glasshouse within the curtilage, (g) neither the dwelling-house nor the glasshouse is within a conservation area or designated area.

    • 15. The creation, extension or re-surfacing of a hard-surfaced area including timber decking, within the curtilage of a dwelling-house provided that - (a) where the dwelling-house or the hard-surfaced area is within a conservation area the material used is: (i) loose laid natural stone gravel, (ii) paviours or bricks made, in either case, from concrete or clay, (iii) natural stone setts or natural paving slabs, (iv) concrete with rolled-in aggregate, or (v) timber boarding, or, in the case of an extension or resurfacing of an existing hard-surface, is the same as the existing material, (b) no part of any area created or extended is more than 30 metres from the dwellinghouse, (c) the total area does not exceed 30 square metres, (d) the height of any timber decking or any other hard surface created is not more than 40 centimetres above ground level, (e) neither the dwelling-house nor the hard-surfaced area is within the a designated area.

    • 16. The erection of a gate, fence, wall or earthbank within or along a boundary of the curtilage of a dwelling-house provided that: (a) the height of such a structure erected within or along a boundary of the curtilage of a dwelling-house does not exceed 2 metres in height above any land within 2 metres on either side, (b) the height of that part of a structure which is erected in front of any elevation of the dwelling-house that faces a highway does not exceed 90 centimetres in height above any land within 2 metres on either side, (c) any fence is of timber construction, (d) any gate is of timber or metal construction, and must open inwards, (e) any wall is of natural stone, (f) neither the dwelling-house nor the structure to be erected is within a conservation area or designated area, or was substantially constructed before 1900.

    • 17. Domestic fuel containers - The installation within the curtilage of a dwelling-house, of one container (including any associated catchpit) for any type of fuel and used exclusively for the domestic purposes of that dwelling-house, provided that- (a) where the container is sited forward of any elevation of the dwelling-house that faces a highway it is completely buried below the level of the ground surrounding it, (b) no part of the container (disregarding pipes and fittings) is more than 2.5 metres above the ground surrounding it, (c) the total volume of all containers does not exceed 1.50 cubic metres, (d) the tank is bunded, (e) neither the dwelling-house nor the container is within a conservation area or designated area, or was substantially constructed before 1900.

    • 18. Domestic soakaways - The installation of a soakaway, wholly below ground, within the curtilage of the dwelling-house which it serves.

    • 19. The installation of a traffic mirror within the curtilage of a dwelling-house, except within a conservation area or designated area provided that - (a) there is only one within the curtilage, and (b) the size of the mirror, including any means of fixing, measured in any dimension, does not exceed 90 centimetres.

    • 20. The installation of a free-standing flagpole within the curtilage of a dwellinghouse provided that- (a) the height of the flagpole does not exceed 5 metres, (b) no advertising material is flown from the flagpole, (c) there is only one flagpole within the curtilage of the dwelling-house.

  • Planning exemptions - non-domestic works not requiring planning permission

    • Some work can be carried out on non-domestic builidings without requiring the specific grant of planning permission, these are known as Exemptions.

    • 1. Replacement of any existing door or window of a non-domestic building provided that:(a) the building is not within a conservation area or designated area, or was substantially constructed before 1900, (a) the door or window is not part of a shop front, (b) the replacement is of the same design, means of opening and made of the same materials as the one it replaces.

    • 2. Re-roofing - Re-cladding an existing felt-clad or corrugated-sheet-clad roof of a non-domestic building in natural slate or clay tiles, provided that the dwelling is not within a conservation area or designated area, or was substantially constructed before 1900.

    • 3. Hard-surfaced areas - The creation, extension or resurfacing of a hard-surfaced area within the curtilage of a non-domestic building provided that- (a) where the non-domestic building or hard-surfaced area is within a conservation area the material used is- (i) loose laid natural stone gravel, (ii) paviours or bricks made, in either case, from concrete or clay, (iii) natural stone setts or natural paving slabs, or (iv) concrete with rolled-in aggregate, or, in the case of an extension or resurfacing of an existing hard-surface, is the same as the existing material, (b) no part of any area created or extended is more than 30 metres from the nondomestic building, (c) the height of any hard-surface created is not more than 40 centimetres above ground level, (d) neither the non-domestic building nor the hard-surfaced area is within the designated area.

    • 4. Non domestic soakway - The installation of a soakaway, wholly below ground, within the curtilage of the non-domestic building which it serves.

  • Maintenance, repair or minor alterations

    • The maintenance of, or the making of any minor alteration to, a dwelling-house or a non-domestic building or to a structure, or other feature within the curtilage of such a house or building, provided:

    • ⇒  the work is not exempt to the extent that they comprise regulated development of a description for which an exemption is provided under another part of the pdf icon The Building and Development Control (Exemptions) (Alderney) Ordinance, 2007 [197kb].

    • ⇒  there is no material effect on the external appearance of any structure or other feature other than that arising from any repainting of the exterior of that structure or other feature.

  • Temporary regulated development required during approved operations

    • Temporary use of land on a site where building operations are currently taking place for purposes connected with those operations, and erection, installation or siting temporarily on such land of buildings, structures, works, plant and machinery, provided:

    • ⇒  the building operations are taking place in accordance with the terms and conditions of - (i) a development permission, and (ii) any approval of plans and licence issued under the building regulations

    • ⇒  any such buildings, structures, works, plant and machinery are- (i) necessary for the purpose of those operations, (ii) not used for any other purpose, (iii) without prejudice to subitem(ii) of this proviso not used for any residential purpose, and (iv) permanently removed from the site upon completion of those operations, or within 12 months of their erection, installation or siting, whichever is sooner.

    • For the avoidance of doubt, this exemption applies where building operations are currently taking place so that it will not apply where, taking into account all the relevant circumstances, it reasonably appears that those operations have not commenced or have ceased on a site.

  • Fencing and farm gates

    • Fencing of agricultural land

    • Planning permission is not required for the erection of a post and wire fence for agricultural purposes provided the fence does not exceed 1.2 metres in height.

    • Farm gates

    • Planning permission is not required for the installation of an inward opening gate across an existing opening (and not involving the creation or widening of any opening) anywhere on land used for agricultural purposes.

  • Signs and Adverts

    • Signs that can be erected without the specific grant of planning permission:

    • 1. Contractors signs - the temporary display of a signboard on a building or site where the contractor is currently working. Provided the work being carried out has planning permission, there is only one such signboard on the site, the sign is not illuminated and the sign is removed when work is complete.

    • 2. Nameplates - displayed on a building which identifies the individual, company or firm carrying on a trade, business or profession in or from that building. Provided the trade or business is operating in accordance with the Law, the nameplate is not internally illuminated and the sign does not exceed 60cm measured in any dimension.

    • 3. Signs for charity and public events - the temporary display of a sign advertising or giving directions to a charity or public event. Provided the sign is not illuminated (internally or externally), the sign is not displayed for more than two weeks prior to the date of the event and is removed immediately after the event. In Victoria Street a banner displayed across a street must not include any commercial advertising material.

    • 4. Election signs - the temporary display including on, or within the curtilage of, a historic building, during the period immediately preceding an election for any States Members, of a sign promoting a candidate at, or otherwise in connection with, that election.

    • 5. Garden produce/Hedge Veg signs - displayed within the curtilage of a dwelling (including a Protected Building) of one sign advertising the sale of produce grown on a non-commercial basis within that curtilage. Provided there is only one such sign within the curtilage and the size of the sign does not exceed 60cm measured in any dimension.

    • 6. Repainting or replacing an existing sign Provided the repainted or replaced sign is not internally illuminated and the overall size and location of the sign does not change.

  • Building Regulation Exemptions

    • The following may be exempt from the need for a Building Regulation Licence:

    • ⇒ Conservatory or sun lounge     ⇒ Covered yard or way

    • ⇒ Shed or greenhouse                  ⇒ Greenhouses

    • ⇒ Carport                                        ⇒ Temporary buildings

    • ⇒ Porch                                           ⇒ Ancillary buildings

    • ⇒ Detached garage

    • Detailed information can be found in the pdf icon Exempt Buildings and Works [613kb] and if the work you intend to undertake falls under one of these groups you can submit an  pdf icon Exempt Work Notification Form [309kb] filling out the necessary information.

    • Some works are seen as non notifiable. These can be found in guidance notes pdf icon 02_Non_Notifiable_2018 [135kb].

    • If you are not the owner of the property or land please ensure you have owner's authority. Please submit the completed and signed  pdf icon Owners Declaration [295kb] with your enquiry.

    • The building regulation exemptions, are set out in Schedule 2 of the pdf icon The Building (Alderney) Regulations, 2014 [261kb]

    • These exemptions apply to Building regulations only. There is a separate legal requirement to make an application for planning permission. There are limited exemptions from the need to make a planning application which are set out above in Planning exemptions.

    • Further advice is available from the Planning Office.

  • Planning Considerations

    • When it considers applications, the Building and Development Control Committee has to take into account the following matters pdf icon Planning and Non-Planning Considerations [346kb].

      (a) Effect on the natural beauty of the greenbelt

      (b) Suitability of the land for residential or industrial purposes

      (c) Siting, design, appearance and materials i.e. developments should be well-designed and in-keeping with their surroundings (e.g. scale, massing, layout and density

      (d) Suitability of development on agricultural land, and the potential loss of agricultural land i.e. agricultural land should be retained for agriculture use.

      (e) Effect on the character or amenity of the area i.e. the pleasantness and local distinctiveness of the area should be maintained and enhanced, and adverse impacts on character and amenity should be avoided.

      (f) Effect on traffic, roads, services, public health, parks, playing fields and other open spaces i.e. New development should not be detrimental to public health and safety and the environment, and public open spaces should be safeguarded.

      (g) Availability of access and services i.e. development should be served by adequate roads and infrastructure, amenity space and parking provision.

      (ga) Effect on Biological diversity

      (gb) Facilitating sustainable development of land

      (h) Provisions of the Land Use Plan

      (i) Effect on historic buildings and conservation areas
      i.e. development in conservation areas should enhance the quality of the built heritage, and historic buildings and their settings should be protected from damaging change.

      (j) Effect on adjoining properties
      i.e. development should not be detrimental to the reasonable enjoyment of adjoining properties, e.g. by overshadowing, overlooking, emissions, noise and disturbance.

      The following matters are not planning considerations, and cannot be taken into account when considering applications:

      (a) Private issues between neighbours i.e. land/boundary disputes, damage to property, private rights of access, restrictive covenants, etc.

      (b) Disruption during the construction phase

      (c) Applicant's motives or personal circumstances

      (d) Opposition to business competition

      (e) Loss of property value

      (f) Loss of private view

      (g) Cost of the scheme

      (h) If application is retrospective - If the development has been built without approval, the Committee must look only at its planning merits, not that the developer has started without consent.

      (i) Matters controlled under other non-planning laws

  • Planning & Development Law

    • Building and Development Law exists to protect, enhance and facilitate the sustainable development of the physical environment of Alderney. It provides for legal controls on the development of property or land in the interests of the wider community. 

    • The substantive legislation is contained inpdf icon The Building and Development Control (Alderney) Law, 2002 [904kb] which sets out the purposes of the principal Law and its application.

    • The Law is accompanied by thepdf icon Land Use Plan 2017 [18Mb] which relate to various aspects of Planning and Building Control.

 

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