planning permission

Local Planning System

Planning permissions and local plans are not isolated decisions or policies – they are part of a local planning system which is joined up to national policies…

Planning permissions and local plans are not isolated decisions or policies - they are part of a local planning system which is joined up to national policies...

In more detail

The local planning system is based on the idea that alongside the rights of landowners, the wider community has an interest in and rights to do with how land and buildings are developed.

These rights and interests arise from:

the effect that development has on immediate neighbours
the wider effects of development, for example on the capacity of local infrastructure and on the local taxpayers who maintain it
the idea of neighbourhood community: that all of us who live in an area have a legitimate interest in its value as a place in which to live and work.

Balance

The planning system aims to balance these rights and interests - personal and social - with a view to deciding what development should go ahead. The system is concerned with spatial planning: not simply how individual plots of land and buildings should be used and developed; but also how they relate to each other to create places. This includes transport links and other links between them and the shared systems for serving them; and the relationships between where people live and where they will work. By balancing the rights of people with an interest in a place, the planning system is our shared way of shaping places.

Democratic and Coherent

It is a democratic system - the authorities in charge of the planning system are the councils we elect.

The video above is of the Planning Committee meeting in Birmingham which took place on 23 June 2016.

The system is participative as well as representative: we are able to take part through consultation on planning decisions and as participants in making plans. But the system is based on law and on objective policy which aims to ensure that all parties are treated fairly. Local plans are subject to a National Planning Policy Framework which is based on law agreed by Parliament. When decisions about planning permission are made, they have to fit with national and local policy. When a new local plan is made, it must fit with existing national and local policy - in the form of the local development framework).

Limiting and Enabling

The planning system says what can or cannot be developed. It does not say what will be developed - that is up to the owners of the land. Local plans set limits and enable development within those limits. They are not prescriptive. The planning system allows for some development to go ahead that is outside the terms of what local plans enable. In these cases, however, the developer may have to pay some contribution to the community to compensate.

Key Facts:

The local planning system balances the righst and interests of land-owners with the wider community. It is democractic because the authorities in charge of it are the councils we elect. But planning decisions must fit in with local and national planning policy. New local plans must fit in with national policy and the existing local framework. Plans set limits on development, but they enable development within those limits. Plans and planning decisions are enabling rather than prescriptive: they say what may happen; not what will happen.

Page Links from here

The Plain English Guide to the Local Planning System is published as a PDF by government

The CPRE website has a useful section Planning Explained and the Planning Help site

In this toolkit, have a look at:

National Planning Policy Framework

Local Development Framework

OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-26 19:49:34

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status: f published

Planning Enforcement

Councils don’t just write plans (or adopt those written by communities) and issue planning permission; they are responsible for enforcing planning decisions…

Councils don't just write plans (or adopt those written by communities) and issue planning permission; they are responsible for enforcing planning decisions...

In more detail

Planning Enforcement is the process by which your council investigates and resolves complaints about breaches of planning control. As well as looking into complaints about development taking place without planning permission, the council investigates the use of buildings for activities which have not been permitted. So, for example, the planning enforcement part of your local council can look into and take action:

against householders who have extended their property without getting necessary permission
against businesses which are using domestic property to carry on commercial activities without getting the necessary change of use approved.

If things like unpermitted development or the use of homes and garages etc for commercial activities is a problem in your neighbourhood, then planning enforcement is the way your council can help. The council may also be able to take enforcement action on issues like hazardous substances, illegal encampments and unauthorized advertising.

Action

In carrying out planning enforcement, the council has to balance:

the rights of individuals to use or alter their property in the way they wish;
the need to safeguard the character and quality of neighbourhoods;
the public interest in upholding planning policies for the local area.

The council can take legal action, but will generally try to remedy the situation through other means first. This is in line with the National Planning Policy Framework which says enforcement action should be proportionate. The range of enforcement action open to the council includes:

taking informal action including advice, mediation, warning in cases of a genuine mistake and minor mistake
or granting retrospective planning permission – to regularize the situation when this is in the public interest
or issuing a notice or order

Orders and Notices are:

Planning Contravention Notice – which requires the developer to provide information to enable the council to decide on further action
Enforcement Notice or a Planning Enforcement Order – these require action to be taken on the part of the developer to remedy the breach in planning control. The latter can be used even if the normal time limit for taking enforcement action has passed if the council believes there has been deliberate action taken to conceal the breach from them
Stop Notice – these are used with Enforcement Notices to require action which may be in breach of planning control to cease
Temporary Stop Notice – as above but used without an Enforcement Notice to enable councils to take immediate action to halt a breach
Breach of Condition Notice – requires compliance with planning conditions within a time period.

Councils can also:

apply to the High Court for an injunction to halt a breach in planning control
ask a magistrate to agree to provide Rights of Entry to property to investigate a suspected breach
take special actions in the case of listed buildings and protected trees
take action on breaches in consents to store hazardous substances on premises
take action on unauthorized advertising hoardings, fly-posting and graffiti
take action, with the police, on illegal encampments.

Key Facts:

Councils have a range of enforcement actions they can take against unpermitted development. Planners will investigate complaints and may take action. They will, however, balance the rights involved and try to achieve the best result through informal action if they can.

Page Links from here

Planning Permission

Planning Profession

Tree Preservation Orders

Conservation Areas

Local Plans

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-18 10:37:21

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status: f published

Local Development Framework

The policies and rules set out by your local council which help them to decide how to deal with development proposals. Neighbourhood plans (led by the community) and local plans (led by the council) form part of the framework alongside other higher level documents.

In more detail

The Local Development Framework is the spatial planning strategy for a council area. It describes how the area can be developed and the restrictions on development and explains why they exist. The local development framework is made up of:

the local core development strategy - which is related to the overall strategy of the council for developing the whole area it sovers
local development documents - which are high level plans which might cover several neighbourhoods
a statement of community involvement - describes how communities can be involved in shaping the framework
local development scheme - lists the schedule
annual monitoring reports

And may also include:

supplementary planning documents (SPDs - these include local plans and neighbourhood plans)
local development orders (these include community-led development orders as well as those declared by the council)
details of any simplified planning zones.

Plans are hierarchical. The Local Development Framework in your area MUST fit inside the terms of the National Planning Policy Framework. Supplementary Planning Documents - including neighbourhood plans - MUST fit within the terms of the Local Planning Framework.

The video above is an explanation of the Local Development Framework by Ron Tate of the Royal Town Planning Institute

Key Facts:

The Local Development Framework is the spatial planning strategy for your area. It consists of a number of documents which you can find online and/or by contacting your council planning department. The Local Planning Framework includes policy that any neighbourhood plan for your area must fit in with. In turn, it must comply with the terms of the National Planning Policy Framewprk set by government.

Page Links from here

In this toolkit see:

Spatial Planning

Local Planning System

National Planning Policy Framework

Local Plans

Neighbourhood Plans

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-11 15:43:05

by: admin

status: f published

Neighbourhood Development Order

A Neighbourhood Development Order grants planning permission for a particular type of development in a particular area. It is a community-led and statutory way of encouraging developers to provide the kind of development you want to see at a given site.

In more detail

Neighbourhood Development Orders (NDOs) are community-led land use documents, like Neighbourhood Plans. They were both introduced by the Localism Act 2011. Under its terms, an NDO can be used by a neighbourhood community to approve, for example, the building of homes, shops, businesses, affordable housing for rent or sale, community facilities or playgrounds.

How it works

An NDO grants planning permission for a specified kind of development (including change of use as well as new build development). This can be very specific – a particular development – or more general – a particular class of development, like housing. There are types of development that Parliament agreed cannot be specified by an NDO. They include: minerals and waste development and types of development that always need an Environmental Impact Assessment (eg a nuclear power plant) or form part of nationally significant infrastructure (a motorway of high speed rail link, for example). The government has powers to exclude other forms of development from being enabled by NDOs.

An NDO must apply to a specified area. Again, this can be tightly defined (a site) or more broadly specified (a part of the neighbourhood which might include several potential sites).

Process

The process for getting an NDO must be led by the parish council, if there is one, and by a neighbourhood forum (as defined in the Localism Act 2011) where there is no parish council. The process to be followed is like that for neighbourhood plans. It starts with the parish council or neighbourhood forum submitting a neighbourhood area application to the local planning authority, including the proposed boundary of the neighbourhood area. The application is then publicised for six weeks and comments invited.

Like neighbourhood plans, an NDO is:

Presented to the local council to check whether an Environmental Impact Assessment is required; that there is sufficient evidence backing the case for the order; and that it appears to be compatible with existing local plans
Subjected to an independent examination which checks it is in conformity with national and local planning policies and that the proposed development would not damage the local heritage.
Put to a public referendum.
Adopted by the council as part of the Local Planning Framework.

Key Facts:

A Neighbourhood Development Order is a community-led way of enabling development of a certain kind in your neighbourhood. Like neighbourhood planning, the process must be led by a parish council or a neighbourhood forum (as defined in the Localism Act).

Page Links from here

Local Development Orders

Neighbourhood Planning

Community Right to Build

Designated Bodies

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-02 10:07:32

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status: f published

Planning Obligations

Where does ‘section 106 money’ come from… and could the same rules that enable it also provide land for affordable housing or green open space in your neighbourhood?

Where does 'section 106 money' come from... and could the same rules that enable it also provide land for affordable housing or green open space in your neighbourhood?

In more detail

Planning obligations are legally-binding commitments that the owners of land make to the local council in order to win planning permission for development that would otherwise not be acceptable. They are frequently called section 106 agreements (section 106 of the Town and Country Planning Act 1990 which sets out the basis for them in law). The purpose of section 106 agreements is to mitigate the impact of development of the site.

What form do they take

Planning obligations may: restrict the way the land can be developed or used; require the developer to take certain actions in relation to the land or to use the land in a specified way; or require the developer to pay money or in-kind (by transferring the ownership of land etc.) to the authority. A developer may also enter into planning obligations under the terms of section 278 of the Highways Act 1980 which provides for payments to councils in respect of increased spending on highways as a result of new development.

Developer Contributions

Together with Community Infrastructure Levy, planning obligations under section 106 and section 278 are sometimes also called ‘developer contributions’. Unlike the Community Infrastructure Levy, which is charged across classes of development according to a tariff set by the local council, planning obligations entered into through section 106 agreements and section 278 agreements are site-specific and the subject of individual assessment and agreement.

Sometimes the developer contribution arising from a smaller development is dealt with by a unilateral undertaking by the developer (made under the terms of section 106) rather than a full section 106 agreement.

When are they used and what for and how communities benefit

The tests for a section 106 agreement are that it must be:

be necessary to make the development acceptable in planning terms
relate directly to the development
be fair and reasonable in scale and kind given the details of the development.

Councils commonly use planning obligations to make housing developers provide a proportion of affordable housing or financial contributions towards the cost of infrastructure or affordable housing. But, so long as the tests above are met, agreements can be used flexibly to mitigate the effects of development. This could be, for example, by providing new community facilities or open space to replace those lost or damaged by development; by providing funding for a school or for public transport improvements; or carrying out town centre improvements.

It would be misleading to think that community groups can ‘bid in’ for section 106 funding, but if your neighbourhood is affected by development, it is right that your neighbourhood benefits from any planning obligations that are entered into. Community groups can help the council to develop appropriate policies for an area which will form the basis of deciding whether any planning obligations are needed and help to indicate the form they might take. Section 106 agreements are put out for consultation in the same way and to the same timescale as planning applications.

Key Facts:

Planning obligations – commonly known as section 106 agreements – are payments and duties agreed by developers to councils to make development acceptable. Unlike Community Infarstructure Levy (CIL), which is charged at a flat rate, planning obligations are specific to a particular development proposal. Together with CIL, planning obligations are called 'developer contributions'. Community groups can influence the policies which determine how 'section 106 money' is spent.

Page Links from here

DCLG's Planning Practice Guidance on Planning Obligations

and in this toolkit:

Community Infrastructure Levy

Developers

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-01 22:35:13

by: admin

status: f published

Community Right to Build Orders

If your community organisation wants to develop community land and buildings itself, then a Community Right to Build Order can enable planning permission for it on a particular site…

If your community organisation wants to develop community land and buildings itself, then a Community Right to Build Order can enable planning permission for it on a particular site...

In more detail

A Community Right to Build Order (CRTBO) is a special type of Neighbourhood Development Order which can be created by any local community organisation (not just a body which qualifies to lead neighbourhood planning under the Localism Act 2011) as long as it meets certain criteria (see below).

Uses

You can use a CRTBO to give outline or full planning permission for the development of things like a community centre, shops, businesses, affordable housing for rent or sale, community facilities or playgrounds to be built by the community organisation and not for private profit. CRTBOs are intended to enable small scale developments that would not need an Environmental Impact Assessment. That means there are certain sites as well as certain types of development that cannot be subject of a CRTBO.

The video below is by Locality and presents Community Right to Build Orders:

Criteria

A local community organisation must have at least half of its members living in a neighbourhood area to be eligible to propose a CRTBO in that neighbourhood. The objectives of the organisation must be in line with improving the economic, environmental and social well-being of the area in question. Any profit made as a result of a CRTBO must be used for the good of the whole community or a community within the neighbourhood, not for private gain.

Apart from the originating body, a CRTBO is processed in the same way as a Neighbourhood Development Order, including the need for a public referendum. It could be that it is quicker for your group to get planning permission for the development in the usual way rather than using a CRTBO.

Key Facts:

A Community Right To Build Order (CRTBO) is a way of community organisations securing full or outline planning permission for developing a particular site. It only applies to locally based organisations and is simply a way of securing permission to develop land and buildings. Organisations should consider the alternatives to see what advantage a CRTBO might give them.

Page Links from here

The CPRE guide to Community Right to Build Orders

The Planning Advisory Service's guide for councils on CRTBOs

In the toolkit see:

Local Development Orders

Neighbourhood Development Order

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-28 10:23:57

by: admin

status: f published

HMOs (Houses in Multiple Occupation)

Crowded privately-owned accommodation with a constant turnover of tenants, some of whom behave badly and landlords who seem to see the neighbourhood as simply somewhere to take rent from without putting anything back into it…

In more detail

Poorly managed Houses in Multiple Occupation (HMOs) can endanger the lives of tenants and reduce the quality of life in neighbourhoods in which they are focused. Parliament has given local councils powers to licence some types of HMO; and to ask government for approval to extend these powers more widely to cover HMOs in certain areas.

Legal Definition
An HMO is a building or part of a building (like a flat) which is occupied as a main residence by more than one household (individuals count as separate households and accommodation like Bed and Breakfasts don’t count as HMOs unless they are not the occupants main residence)in return for some form of payment (rent, fees etc) and:

In which more than one household shares an amenity (or the building lacks an amenity) such as a bathroom, toilet or cooking facilities
OR which is a converted building that is not entirely self-contained flats (whether or not there is also a sharing, or lack, of amenities as described above)
OR which is a converted building made up entirely of self- contained flats but where the standard of conversion does not meet the minimum that is required by the 1991 Building Regulations, and more than one third of the flats are occupied under short tenancies.
AND which is occupied by at least three people, none of which is the resident landlord.

Licensing of HMOs
The Housing Act 2004 introduced licensing for HMOs. Under the law there are two types of HMO licensing: mandatory and additional licensing:
Licensing is mandatory (compulsory) for all HMOs which have three or more floors and are occupied by five or more persons forming two or more households.

Councils can impose additional licencing on other sorts of HMO in its area which are not subject to mandatory licensing. A local council can do this if it considers that a significant proportion of these HMOs are being managed poorly enough to cause a problem to tenants or the wider neighbourhood.

Before designating an area to be subject to additional licensing, the local council must be sure that a significant proportion of HMOs in that area are causing problems for tenants or the neighbourhood due to poor management. The council must then apply to government to allow it to extend licencing to the area. The landlords who would be affected are consulted and government approval is needed.

Once an area has been designated, the licensing of HMOs in it becomes compulsory. HMO licensing requires landlords to apply for a licence every five years from the local council to run the property as an HMO. The council can issue a licence for a shorter period if it decides to and it can charge landlords a fee to cover the costs of licensing. Councils do not have to inspect premises to licence them, but they can. They can also require other information that will show the HMO is well- managed.

In making a decision about whether to licence an HMO, the council must decide whether the accommodation is suitable and fit to be used for the purpose; whether the persons running it are fit to do so; whether the property is unsafely overcrowded. Landlords must for example fit smoke alarms, have gas and electrical appliances periodically tested and issue statements of rights to tenants. The council can attach conditions to the licence including stipulating how the licence holder must respond to the behaviour of tenants and the way the property is used.
Unlicensed HMOs

If the council turns down an application to licence a property for use as an HMO, there is a right of appeal to a Residential Property Tribunal. If the landlord is unsuccessful on appeal, then the property may not be used as an HMO. The offence of running an HMO that needs a licence without a licence is punishable by a fine of up to £20,000 on conviction. The council may also gain a rent repayment order for the value of up to 12 months Housing benefit paid to tenants at the property.

Planning Permission

Local councils can require new HMOs to gain planning permission by using what is known as a 'Article 4 Direction'. Some councils have adopted this across their whole council area. Others only require planning permission to convert housing to use as an HMO in certain specified neighbourhoods. In the video below, Councillor Jane Urquhart of Nottingham City Council explains how her council decided to require new HMOs to gain planning permission before conversion:

Key Facts:

Landlords of certain kinds of HMO must apply to the council for a licence. Councils can apply to require additional licensing. Operating without a licence can cost landlords in fines and rent repayments. Many urban councils have taken up additional licensing. You can find out what the rules are about licensing in your neighbourhood from your council.

Page Links from here

HMO Lobby is a network of community groups throughout England who want action on poorly managed HMOs.

The HMO Network provides information about HMOs and licensing. See also - Government information on HMOs

In this toolkit, see:

Antisocial Behaviour

Noise and Nuisance

Licensing

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-24 11:28:00

by: admin

status: f published

Community Infrastructure Levy

Community Infrastructure Levy is a charge on development which can be used to improve the places affected by it. In places which have a neighbourhood plan, a higher proportion of CIL can be retained in the neighbourhood.

In more detail

Community Infrastructure Levy is a tool councils can use to make developers pay towards the cost of infrastructure that enables further development. Part of the money raised by CIL must be spent on priorities agreed with people in the area affected by the development. The proportion is increased in areas covered by a neighbourhood plan.

Developers pay Community Infrastructure Levy (CIL) on new development above a certain size. They must provide information when applying for planning permission to enable the council to work out the amount of CIL which will be due. Councils set their own rates of CIL. In doing so, they have to balance the needs for current development against the need to fund infrastructure to support and enable further development. CIL must then be paid when work on the development site starts ‘on the ground’.

Using CIL

Councils can use CIL to fund a wide range of infrastructure, including: transport, flood defences, schools, hospitals, other health and social care facilities; play areas, parks and green spaces; cultural and sports facilities; district heating schemes; police stations and other community safety facilities. It must be used to fund things which will support the development of the area. It must be used to fund new infrastructure or renew infrastructure on which the development in question depends. It can’t be used to ‘prop up’ existing infrastructure; and it can’t be used for housing.

At least 15% of CIL has to be spent on priorities agreed with the local community in areas where development is taking place. In places where this a parish council, this share is passed to the parish council. In places where there is no parish council, the council consults with the local community about their priorities. When development happens in an area covered by a neighbourhood plan, the minimum to be spent on local priorities – decided by the parish council or through consultation) rises to 25%.

The neighbourhood portion of CIL can be spent on a wider range of things than the rest of CIL: it just needs to be spent on things which will support the development of the area. These rules mean that neighbourhood CIL, unlike the rest of CIL, can be used to fund affordable housing.

There are exemptions from CIL including for self-builders, some social housing, charitable development and vacant buildings brought back into use. Councils can exempt additional types of development from CIL within the area they cover.

The video below is an update on CIL produced by Legal Network TV

Setting a Local Rate for CIL

The process for setting a rate for CIL in an area is: the council holds public consultation on the proposed rates of charges it intends to make; the schedule of charges is examined by a Planning Inspector; the examiner’s report is published; and the charging schedule can then be adopted at a meeting of the full council (not just the planning committee etc). Examples of what different rates of CIL have been set:

Birmingham has two residential charging zones with rates of £69 and £0 per square metre; two hotel charging zones with rates of £27 and £0 per square metre; two student housing developments charging zones with rates of £69 and £0 per square metre. Large convenience retail developments are charged at £260 per square metre. No charge for all other uses.
Leeds has four residential charging zones with rates of £5, £23, £45 and £90 per square metre. There are two charging zones for supermarket developments with rates of £110 and £175 per square metre; two charging zones for large comparison retail with rates of £35 and £55 per square metre. City centre offices are charged £35 per square metre. Publicly funded or not for profit developments are not be charged CIL. All other uses are charged at £5 per square metre.
London Borough of Camden charges CIL on small residential developments at £500 per square metre. There are three large residential development and private care home development charging zones with rates of £500, £250 and £150 per square metre; two student housing development charging zones with rates of £400 and £175 per square metre; two hotel development charging zones with rates of £40 and £30 per square metre. All retail developments are charged £25 per square metre. There are two office development charging zones with rates of £45 and £25 per square metre. There are no charges for industrial, warehousing, or research developments. All other commercial developments are charged £25 per square metre. No charge for all other uses.
Exeter charges residential developments at £80 per square metre; student housing developments at £40 per square metre. There are two retail development charging zones with rates of £125 and £0 per square metre. No charge for all other uses.

Below is a presentation on Community Infrastructure Levy made by Siedah Martey in 2016:

Key Facts:

Community Infastructure Levy (CIL) is a charge on developers which acts as a contribution to restoring and improving local infrastructure. That includes things like parks, sports facilities, police stations etc. If your area has a neighbourhood plan, then more of the CIL resulting from development can be kept in the locality (rather than used more widely by the council). But, the council sets the rate for CIL and in some cases may set it at a very low rate (in order to attract developers and investment in the area). The sums derived from CIL for use in the neighbourhood can be quite modest.

Page Links from here

Planning Portal on Community Infrastructure Levy

An Overview of Community Infrastructure Levy produced by Department for Communities and Local Government and available from the link as a PDF

Resources aimed at local councils explaining CIL are still available from Planning Advisory Service

In the toolkit:

Developers

Infrastructure

Local Development Framework

Neighbourhood Planning

Neighbourhood Planning and Infrastructure Bill

Planning Obligations

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-18 10:00:07

by: admin

status: f published

Conservation Areas

Could creating a conservation area be an alternative to (or a step towards) making a neighbourhood plan…

Could creating a conservation area be an alternative to (or a step towards) making a neighbourhood plan...

In more detail

Conservation areas are designated by the council to cover neighbourhoods and places with a character or an appearance which it is desirable to preserve or enhance. There are about 10,000 conservation areas in England. They are not necessarily the well-off parts of town or the oldest areas, but they do need to be both preservable and worth preserving. Councils can designate a conservation area. In London, Historic England can designate them.

Within conservation areas, there are special rules apply governing development. Landowners need permission for developments and alterations to properties that would normally not need planning permission. This includes for things like adding satellite dishes or solar panels; building single storey extensions and conservatories; cladding, laying paving or building walls. Owners also need permission to do work on trees or for demolition work in conservation areas.

Only some neighbourhoods have the potential to be designated as conservation areas and it may not be that designating one will be popular with all residents. It remains, however, an alternative worth considering in some places

Key Facts:

Conservation areas are designated areas with special character or appearance and within which there is a more extensive approach to planning permission.

Page Links from here

Historic England's Guide to Conservation Areas

In the toolkit, see:

Neighbourhood Design Statements

Tree Preservation Orders

Planning Permission

Neighbourhood Planning

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-15 10:34:41

by: admin

status: f published

Producing a local neighbourhood plan is not the only way of influencing the local planning system. Many community groups and citizens take part in consultations on planning permission…

Producing a local neighbourhood plan is not the only way of influencing the local planning system. Many community groups and citizens take part in consultations on planning permission...

In more detail

Developing land and buildings changes both the way the owner can use the property and the use other people can make use of the property they have an interest in around it. ‘Around it’ could mean: next door (in the case of things like blocking out light and views); in the same street (in the case of things like parking; the same neighbourhood (for things like access to public services like schools and health services); across a town or city, or even a whole region or the country, in the case – for example – of major projects like High Speed Railway lines or nuclear power stations. We have a planning system because developing property affects the owners of other property around it. To develop land and buildings, you need both the ownership (or the permission of the owner) and the permission of the community to develop land or buildings. ‘Planning permission’ is the name given to this community permission.

Planning Proposal

The planning permission process starts when property owners submit a planning proposal to the council describing how they would like to develop their property. (Some limited forms of development do not need planning permission). The council (actually a committee of the council called the Planning Committee) must decide whether what the owner wants to do counts as permitted development. Permitted development is development which is within the bounds of what the community has agreed – through the local planning framework – is OK. In practice, the planning committee of the local council is assisted by a team of specialist officers – professional planners. On behalf of the committee, they publish a list of the proposals received by the council so that people who may be affected by whatever is being proposed can comment.

Consultation

Consultation on planning permissions is an important way in which amenity groups, neighbourhood forums, residents groups, others and individual residents can have a say in the local planning system. The formal consultation period normally lasts for 21 days and involves:

Public consultation – including consultation with neighbouring residents and community groups. Councils publish lists of planning proposals and make this available on line and at council offices. They will also directly contact groups they know are active and interested in given neighbourhoods.
Statutory consultees – the law says certain people must be consulted about certain developments – they include people who own land adjoining the site; a number of government departments and public bodies (depending on the proposal) including conservation and heritage bodies ; other local authorities (in places where there different layers of local government covering the same area) including parish councils; highways authorities and companies providing water supplies and sewerage.

Planning Committee

You can ask the planning committee to turn down planning permission or to ask for changes in the proposal, but if you want the committee to listen to you, you will need to provide good reasons why they should do what you say. Bear in mind that the committee has to look at the planning case for and against a proposal, so you need to argue in terms of relevant plans and planning policies. Further consultation on changes submitted by an applicant can occur before the committee take a final decision

After consultation is complete, the committee makes a decision, advised by the planners. The planners advise the committee on what existing plans say and on the relevant council, government and EU policies that might affect the proposal as well as on the results of the consultation.

If a proposed development is in line with plans, then the committee agrees to grant either full or outline permission to it and the officers issue the necessary planning permission. If the planning committee thinks that a proposal does not fit in with what the relevant plans and policies say, then they can refuse permission. The decision rests with the planning committee – they can ignore what consultees and their own officers say. If they do, however, they may create the basis for an appeal against their decision.

Key Facts:

Development proposals that require planning permission are published by the council for public consultation for a period of 21 days before a decision is made on them. If you respresent a residents' group, then talk to the planners who cover your area to make sure you get details or know where to look for published proposals. Decisions on planning permission are made by the Planning Committee of the council advised by local planners who work for the council. The Planning Committee considers relevant evidence for and against granting permission - it cannot turn down planning permission just because you say you think it should.

Page Links from here

The Planning Portal guide to whether you need Planning Permission

In the toolkit:

Planning Authorities

Planning Profession

Planning Obligations

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-13 12:50:41

by: admin

status: f published