Overview of the Planning System Flashcards
A basic overview of how the English planning system works
Plan-Led System
A system in which the rules and regulations for construction and development are determined by pre-established plans.
Local Plan
Prepared by LPAs, They set out their vision and framework for the future development of, and land use in their area. A local plan identifies what development is needed, where it should go, and what land is protected.
Neighbourhood Plan
A way for local Neighbourhoods to have a say in their future. Neighbourhood plans are prepared by parish or town councils or local groups (called neighbourhood forums). A neighbourhood plan allows a local community to shape what new buildings in its area should look like and what infrastructure should be provided.
Local Planning Authority
The public authority whose duty it is to carry out specific planning functions for a particular local area.
National Policy Planning Framework (NPPF)
A document that sets out, in short form, the Government’s planning policies for England and how they are expected to be applied.
Permitted Development
Forms of development exempt from requiring planning permission.
How LPAs decide a planning applications
In line with the relevant policies in its Local Plan (and neighbourhood plan if it has one)
Material Considerations
Factors that influence the decision on a planning application. These Include:
- Overlooking/loss of privacy
- Loss of light or overshadowing
- Parking
- Highway safety
- Traffic
- Noise
- Effect on listed building and conservation area
- Layout and density of building
- Design, appearance, and materials
- Government policy
- Disabled persons’ access
- Proposals in the Development Plan
- Previous planning decisions (including appeal decisions)
- Nature conservation
Purely private considerations such as property values are not material considerations.
Who decides a planning application?
Most local planning Applications are decided by LPA planning officers, with about 10% decided by councilors on a planning committee. This usually occurs with applications for major developments and controversial projects
Appeals
If an LPA refuses planning permissions, applicants can appeal the decision.
these are normally decided by an inspector working for the Planning Inspectorate, a part of the Department for Levelling up, Housing and Communities.
Calling-in Powers
in rare instances, the Secretary of State will take the decision-making power on a planning application out of the hands of the local planning authority (LPA) by calling it in for his own determination. This can be done at any point up until the LPA makes a decision.
The Mayor of London also has this powers, although the Secretary of State can also call-in a decision being made by the Mayor.
Call-in powers cannot be used once an LPA has formally issued a decision, nor can they be used to overturn them.
Third party right of appeal
third parties who object and are upset about an LPA decision do not have the right to appeal that decision.
Judicial Review
the planning decisions of LPAs and inspectors can be challenged in court by judicial review. the court can only rule on the way the decision was made and not the planning merits of the case
there is a six week limit to apply for judicial review, and any claim needs permission from the court to determine of the claimant has sufficient interest, and whether grounds for judicial review are met
If a decision is cancelled
the LPA or planning inspector will retake their decision, correcting procedural mistakes identified by the court. they may reach the same decision or make a different decision
planning breaches
LPAs have a range of enforcement powers they can use when planning permission isn’t obtained or followed.
they can use an enforcement notice that requires developers to fix planning breaches. this clould mean stopping works or removing a building from land. Failure to comply with these notices is a criminal offence that can result in a fine.
suspected planning breaches can be reported to the enforcement team of the LPA, but it is up to the LPA how and when enforcement is taken against breaches.
Duty to Cooperate
Created in the Localism act 2011, the duty to cooperate places a legal duty on LPAs, county councils in England and public bodies to work together in good faith on local plan preparation in the context of strategic cross boundary matters
A local plan examination will test whether a local planning autority has complied with the duty to cooperated, and an inspector will recommend that the local plan is not adopted if the duty has not been complies with.
