This is general guidance based on standard permitted development rights in England. Rules differ for listed buildings, conservation areas, and properties with Article 4 directions. Always confirm with your local planning authority before starting work.
Do I Need Planning Permission for a Flue or Extraction System in Torbay?
Installing a flue, chimney, or extraction system on your property (for example, for a kitchen extractor, boiler, or stove). The permitted development rules are the same as for new chimney/flue installation.
Planning in Torbay
86%
of planning applications granted
77%
decided within the statutory or agreed time
36%
of householder applications decided within 8 weeks
In the year to December 2025, Torbay decided 533 planning applications. 264 of these were householder projects such as extensions, loft conversions and outbuildings, of which 88% were granted.
Planning statistics: MHCLG planning application statistics, the year to December 2025. Conservation area and Article 4 data: planning.data.gov.uk, © Historic England / Crown copyright. Open Government Licence v3.0.
Important: Additional Restrictions May Apply in Torbay
Torbay has 24 conservation areas. These include Abbey Road, Babbacombe Downs, Barton, Belgravia, Brixham Town, Cary Park. If your property is in a conservation area, some or all permitted development rights may be restricted. For example, you may need planning permission for changes that would normally be permitted, including alterations to the roof, cladding, or extensions visible from a public highway.
Torbay has 2 recorded Article 4 directions. These include Churston; Polsham. Article 4 directions remove specific permitted development rights in defined areas. If your property is covered by an Article 4 direction, you may need planning permission for work that would normally be permitted. Contact Torbay planning department to check whether an Article 4 direction applies to your property.
Check with Torbay planning department before starting work to confirm whether your property is affected by any special designations.
Permitted Development Rules for a Flue or Extraction System
Generally permitted under Part 1, Class G of the GPDO. One flue, chimney, or soil and vent pipe is permitted on a dwelling provided it does not exceed the highest part of the roof by more than 1 metre. The flue must not be on the principal elevation in designated areas.
Conditions
- 1Must not exceed the highest part of the roof by more than 1m
- 2Only one flue per dwelling under PD
- 3Must not be on the principal elevation or side elevation fronting a highway in designated areas
- 4Kitchen extraction: external vent or ducting follows the same rules
- 5Must comply with clean air legislation if for a combustion appliance
Size and Dimension Limits
- Must not exceed the highest part of the roof by more than 1m
- One flue only under PD
When Permitted Development Does Not Apply
- Listed buildings require listed building consent
- In conservation areas, position and appearance restrictions apply
- Odour and noise from extraction systems can be a statutory nuisance
- Additional flues beyond the first require planning permission
What About Building Regulations?
Building regulations approval is likely required
Building Regulations apply if the flue or extraction system serves a combustion appliance (Part J). Kitchen and bathroom extraction must comply with Part F (ventilation). Gas flues must be installed by a Gas Safe registered engineer. A HETAS-registered installer can self-certify solid fuel installations.
Building regulations are separate from planning permission. Even if your project is permitted development, you may still need building regulations approval. Contact Torbay building control or use an approved inspector.
How to Apply in Torbay
If you need planning permission for your flue or extraction system, you can apply through Torbay's planning department or via the national Planning Portal.
If your project is permitted development and you want written confirmation, you can apply for a Lawful Development Certificate (LDC) from Torbay. This provides proof that your project does not need planning permission, which can be helpful when selling your property.
What Happens If I Build Without Permission?
Low risk for standard domestic flues within PD limits. Extraction systems that cause odour or noise nuisance to neighbours are more likely to be addressed under environmental health legislation than planning enforcement.
Frequently Asked Questions
Do I need planning permission for a flue or extraction system in Torbay?
Does a flue or extraction system in Torbay need building regulations?
How do I apply for planning permission in Torbay?
How long does planning permission take in Torbay?
What percentage of planning applications does Torbay approve?
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