General Advice: Other types of consent
- Listed Buildings Consent
- Conservation Area consent
- Advertisement Consent
- Hazardous Substances consent
- Works to a tree covered by Tree Preservation Orders (TPOs)
- Works to a tree within a Conservation Area
Listed building consent is required before the carrying out of any work for demolition, alteration or extension of a listed building, which would affect its character as a building of special architectural or historical interest.
Conservation Area Consent is necessary for consent to demolish, whether in whole or in part, unlisted buildings within a conservation area. "Building includes any structure or erection and any part of a building. This means that items such as walls, fences, gates, railings, flights of steps are buildings for the purposes of Conservation Area Consent. The need to obtain Conservation Area Consent does not apply to all categories of buildings. The excluded categories are listed on the back of the Consent to Demolish Application form.
This consent is in addition to any planning permission which you may require to replace the building.
Under the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 certain outdoor advertisements require advertisement consent from the Department before they can be displayed.
The Planning (Hazardous Substance) Regulations (NI) 1993 as amended by The Planning (Control of Major - Accident Hazards) Regulations (NI) 2000 specify the hazardous substances and controlled quantities for which consent is required. A hazardous substances consent must be obtained for the presence on over or under land of such hazardous substances in an amount at or above a specified controlled quantity.
TPOs may be used to protect trees, groups of trees or woodlands, which add to the character and appearance of an area.
If you wish to cut down or carry out works to protected trees, you must first seek the Department’s consent to do so. An application for consent must be made in writing to your local area planning office, specifying the trees, the work you want to carry out and why.
Anyone can apply for consent. However if consent is granted, it does not confer any legal right to carry out the work and the applicant should make sure any necessary permission is obtained from the owner of the tree(s).
Consent is not required for the removal of trees which are dead, dying or dangerous. However, the landowner will have to replant replacement trees of appropriate size and species, in the same location as soon as he reasonably can. Anyone who is unsure whether a tree falls within the exemption is advised to obtain the advice of an arboriculturist.
Trees in a conservation area are automatically protected as if a TPO was in place. However, in a conservation area, anyone proposing to carry out works on the trees, must serve on the Department six weeks notice of the intended works. The notice should contain sufficient information to identify the trees, details of the proposed works and reasons. The Department has six weeks in which to respond and work should not commence until the Department has commented, or the six weeks has expired, whichever takes place first.
If the Department considers the proposed works should not be carried out, it can make a formal TPO.