Construction project not subject to planning procedures; application for a derogation during a moratorium on alterations to safeguard urban land-use planning

Construction projects not subject to planning permission are those that do not require planning permission. You may carry out the building work provided that there is no moratorium on alterations.

However, for your construction project that does not require planning permission, you may be granted an exemption from the moratorium on changes to ensure compliance with town and country planning regulations, provided that there are no overriding public interests to the contrary. The planning authority will decide, in consultation with the local council, whether to grant your exemption.

Examples of matters of public interest:

• Monument protection
• Nature conservation
• Environmental protection
• Townscape and landscape

The following may be affected by a change freeze:

• Construction, alteration or change of use of buildings,
• Large-scale earthworks and excavations,
• Excavations, deposits, including mineral deposits,
• Demolition of buildings
• significant or substantial improvements to land and buildings, provided that these are not subject to planning permission, approval or notification.

The following are not affected by the freeze on changes:

• Projects for which planning permission was granted before the moratorium on changes came into force.
• Projects of which the local authority is aware and on which work could have begun before the planning freeze came into force.
• Maintenance work and the continuation of an existing use.

For construction projects

• in officially designated regeneration areas or
• within the urban development area

Different regulations apply to building projects affected by a moratorium on changes designed to safeguard urban land-use planning. In such cases, the building project must have been granted planning permission by the local authority.