The following guidance will help you before the submission of a formal application for planning permission:
- Householder Development EnquiriesA new integrated service for Householders: Find out whether planning permission and/or Building Regulations approval will be required and establish the likelihood of your scheme gaining approval.
- Pre-Application Enquiries
Establish the likelihood of your scheme gaining approval.
- Works already undertaken
Get advice on what steps to take if development which may have required planning permission has been undertaken without approval.
- Does your scheme involve any demolition?
Get advice on what steps to take if your scheme requires any demolition works.
- Use Classes
Get advice on changing the use of a property.
Do you want to see what the Adopted Torbay Local Plan. (1995-2011) says about your property? Please search the Map Index Page.
The Benefits of a Written Response from Us
The conveyancing process may oblige you to provide proof that appropriate permissions were sought, for any development you may have undertaken on your property. Therefore, a written response from us will be beneficial to you should you wish to sell your property.
The laws determining the need for planning permission are set out in the Town and Country Planning Act 1990 and the General Permitted Development Order and most properties have some form of permitted development rights . Permitted development rights allow a certain amount of development to be undertaken without the need for planning permission and usually apply to minor developments to residential properties. However, in some areas, permitted development rights have been removed or restricted. You should always check that a proposed scheme can be undertaken within permitted development before commencing any work. Please also note that permitted development does not apply to Building Regulations and does not affect the need to submit a Building Notice.
Informal Advice from Torbay Council
- You can view our General Guidance about the need for planning permission. However, you are advised that this is guidance only.
- Guidance on whether or not planning permission is required to extend or alter your property as well as help and advice about planning can also be obtained using the on the Interactive House Planning Portal, the government website for planning
- It is always best to check with us beforehand if you are unsure as to whether you need planning permission or not. Do not rely on the advice of others as to whether planning permission is needed.
Our Pre-Planning Services
If you are a householder considering making alterations to a domestic dwelling and wish to know if planning permission is required and, if so, if your scheme would be permissible, please visit our Householder Development Enquiries page.
For all other pre-application advice please continue to use our Pre-Application Enquiries service.
In all cases please note that any advice is NOT a formal legally binding response. With all building work, the owner of the property (or land) in question is ultimately responsible for complying with the relevant planning rules and building regulations.
Certificate of Lawfulness Proposed Use
To formally establish whether planning permission is required, an application for a Certificate of Lawfulness for a Proposed Use or Development can be submitted. The LPA would consider all of the information you submit and let you formally know its decision. Based on that information if a certificate is granted you or a prospective buyer would have the benefit of this legal document.
Please use the Planning Portal to gain application forms.
Planning Permission and Building Regulations – What’s the difference?
- Planning Permission - grants the right to build on land or change the use of land or buildings.
- Building Regulations - Building Control administers the councils’ duties set out in the Building Act 1984 and other relevant building legislation and gives assistance to achieve compliance with the regulations.
- In the event that planning permission or consent under Building Regulations is required, it is your responsibility to ensure that they are obtained before you commence any work.
What happens next?
If planning permission is required for your project a formal application for permission can be made to Torbay Council.
- Email: firstname.lastname@example.org
- Tel: 01803 207801
- Fax: 01803 208858