Permitted Development
To benefit from permitted development rights, including those where prior approval is required, a development must comply with the provisions within the Town and Country Planning (General Permitted Development) (England) Order 2015.
It must also comply with Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017 (as amended).
What am I required to do under Regulations 75 to 78?
Where a developer is, in effect, replying on permitted rights set out within Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and that development:
- Is likely to have a significant effect on a European site (either alone or in combination with other plans and projects); and
- Is not directly connected with or necessary to the management of the site.
The developer will need to receive the approval of the local planning authority under Regulation 77.
A developer can seek to contact the appropriate nature conservation body directly under Regulation 76. In most cases, the relevant nature conservation body is Natural England.
How to apply
If a developer wishes to submit an application to the local planning authority under Regulation 77, they must provide the following:
- Name and contact details
- Site location address
- Site location plan
- Existing and proposed block or site plans
- Existing and proposed elevational drawings
- Design and Access statement and/or planning statement
- Where appropriate, a copy of any relevant notification by the relevant nature conservation body under Regulation 76
If you already have prior approval, please include the relevant prior approval application reference and confirm that it is the prior approval scheme that is to be constructed.
There is no formal application form to complete. Email the above information to [email protected]
Fees
The fee for a Regulation 77 application is set nationally by the Government and costs £30.
How to pay
Once we receive your application, we will contact you to pay the fee. The Regulation 77 application will only be considered valid once the fee has been paid. Please provide contact details so we can arrange payment.
What happens next
The timeframe for a Regulation 77 application is up to 8 weeks. In most cases, we expect the application to be determined following a response from the appropriate nature conservation body.
Where mitigation is required to be secured, or where applications take longer than the 8 weeks, we may contact you to discuss and may seek your agreement for further time to determine the application.
If your application is approved, the Local Planning Authority will issue you with a letter.
Known issues within Cotswold District which may affect your application
If your proposal involves creating new dwellings or tourism‑related development, including caravan or camping sites, there is a high likelihood that it will be identified under Regulation 77. This indicates that the development is considered likely to have a significant effect on a European site, either alone or in combination with other plans or projects.
The key issue identified is recreational pressure, which may require appropriate mitigation to be secured in order to benefit from permitted development rights.
New residential development and tourism accommodation within 15.4 km of the Cotswold Beechwoods Special Area of Conservation and within 9.4 km of the North Meadow (and Clattinger Farm) Special Area of Conservation have been shown to increase recreational pressures on the qualifying features of these sites.
What does mitigation look like?
Cotswold District Council, working alongside neighbouring authorities and Natural England, has developed recreational mitigation strategies to address the potential adverse impacts on each Habitat Site. In most cases, mitigation is secured through a developer contribution for every new dwelling or unit of tourism accommodation. The funds collected are then used to deliver the mitigation measures set out within each strategy.
What will happen if my Regulation 77 application is not approved?
If your Regulation 77 application is refused, then you cannot begin your development using permitted development rights.
Can I develop first and then apply for Regulation 77 approval later?
If the necessary approval under Regulation 77 is not secured before the development starts, the proposed development will not benefit from deemed planning permission.
If the development is deemed to be unlawful, enforcement action may be taken.
An application for retrospective planning permission may not receive approval unless appropriate mitigation is secured under any related habitats regulations assessment.