Planning constraints
Planning constraints are considerations that may affect whether, and how a piece of land can be developed. Some of these constraints are described below.
We only deal with planning applications for waste, minerals or our own development (such as schools or roads). In the case of waste and minerals proposals that fall within one of the constraint areas listed below, you should contact us. For all other types of development, you should contact your local district or borough council.
The documents that make up the Development Plan for East Sussex contain policies related to planning constraints. Details of these documents can be found in our Development Plan Index.
Areas of Outstanding Natural Beauty (AONBs)
Two thirds of East Sussex is in either the Sussex Downs or High Weald AONB.
AONBs are areas protected by law for their landscape qualities, mainly to conserve and enhance their natural beauty. They are designated by Natural England (formerly the Countryside Agency).
The government’s policy on AONB is set out in Planning Policy Statement (PPS7), Sustainable Development in Rural Areas.
Article 3 restrictions and Article 4 directions
'Permitted development rights' allow certain types of development to go ahead without the need for planning permission.
- Article 3 restrictions remove permitted development rights for most forms of development if an Environmental Impact Assessment (EIA) is required.
- Article 4 directions give local planning authorities powers to remove permitted development rights.
We have not issued any Article 3 restrictions or Article 4 directions but you should also check with the local District or Borough Council.
Conservation areas
Conservation areas are designated areas of special architectural or historic interest which are to be conserved or enhanced. Details of conservation areas in East Sussex can be found on our district and borough websites:
Contaminated land
Contaminated land has been polluted or harmed in some way making it unfit for safe development and usage unless cleaned. The East Sussex districts and borough councils have responsibilities relating to contaminated land and further details can be on their websites:
Government planning policy on contaminated land is set out in Planning Policy Statement 23 Planning and Pollution Control.
Flood risk
The risk of an area flooding can limit development. Risk assessments are carried out to measure the likelihood of flooding in a particular area so that development needs can be carefully considered.
For advice on planning policy related to flood risk, contact the local district or borough council.
The Environment Agency provides technical advice to planning authorities and developers: Environment Agency – Development and flood risk.
Government advice and policy is set out in Planning Policy Statement 25 Development and Flood Risk.
Nature conservation designations
- Local Nature Reserves (LNR) have wildlife or geological features that are of special interest locally. They are designated by local authorities, with advice from English Nature. There are 27 LNRs in East Sussex .
- Marine Nature Reserves (MNR) have marine life and geological features of special interest. There are no MNRs in East Sussex.
- Sites of Special Scientific Interest (SSSI) are nationally important for wildlife or geological interest. They are designated by English Nature. There are 63 SSSIs in East Sussex .
- Ramsar Sites are wetlands of international importance especially as waterfowl habitats. The only Ramsar site in East Sussex is Pevensey Levels.
- Special Areas of Conservation (SAC) are of European importance for wildlife and in the UK must have already been designated an SSSI. There are 5 SACs in East Sussex.
- Special Protection Areas (SPA) are areas that are important for birds, where the habitat is rare or where migratory or vulnerable species are found.There are 2 SPAs in East Sussex.
Government planning policy on nature sites is set out in Planning Policy Statement PPS 9 Biodiversity and Geological Conservation.
Tree Preservation Orders (TPOs)
Tree Preservation Orders exist to protect trees which make a significant impact on their local surroundings. A tree under a TPO may not normally be topped, lopped or felled without the consent of the local planning authority. More information about TPOs can be found on the district and borough websites:
