The Planning System for Development Control

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The Planning System for Development Control
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References

• www.planning.odpm.gov.uk/
• www.wales.gov.uk/subiplanning/
• A FARMER'S GUIDE TO THE PLANNING SYSTEM
• Department of the Environment, Welsh Office,
  Ministry of Agriculture, Fisheries and Food. 1992
• www.planning.odpm.gov.uk/farmguid/

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The Planning System

• The planning system is designed to regulate the
  development and use of land in the public interest

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Planning Control

• Decisions on individual planning applications by
  the local authority must take account of-
• Primary Legislation
• Secondary Legislation
• National Policy Guidance (PPG)
• Technical Advice Notes (TAN)
• Local Development Plan
• Material Considerations

HIERARCHY
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Primary Legislation

• Town and Country Planning Act 1990
• Planning (Listed Buildings and Conservation
  Areas) Act 1990
• Planning (Hazardous Substances) Act 1990
• Planning and Compensation Act 1991

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Secondary Legislation

• Statutory Instruments
• General Development Orders

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Material considerations

• "In principle...any consideration which relates
  to the use and development of land is capable of
  being a planning consideration. Whether a
  particular consideration falling within that
  broad class is material in any given case will
  depend on the circumstances
• Stringer v MHLG 1971

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Material considerations

• Courts are the arbiters of what constitutes a
  material consideration
• Include-
• number, size, layout, siting, design and external
  appearance of buildings
• proposed means of access
• landscaping
• impact on the neighbourhood
• availability of infrastructure
• Government statements of planning policy are
  material considerations
• Draft policy statements and guidance can be
  regarded as material considerations

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Development plans

• Structure plans
• county councils
• strategic policy framework for local plans
• Local plans
• district councils and national park authorities
• Unitary Development plans
• unitary authorities

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Development plans

• Public documents
• Policy framework for 10-15 years

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Development plans

• Legislation (Section 54A of the Town and Country
  Planning Act 1990) requires that decisions made
  should be in accordance with the development plan
  unless material considerations indicate
  otherwise.

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Prematurity

• Planning permission can be refused on grounds of
  prematurity where a development plan is being
  prepared or is under review, but it has not yet
  been adopted.

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Supplementary planning guidance

• Golf
• Wind farms

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Development envelope

• Policy to constrain development outside line

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Special planning policies

• National Parks
• Areas of Outstanding Natural Beauty
• Sites of Special Scientific Interest
• Green Belts

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Decisions on applications
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Decisions on applications

• Planning decisions can be called in by
• Secretary of State (England)
• Welsh Assembly
• Scottish Parliament
• Reasons-
• may conflict with national policies on important
  matters
• could have significant effects beyond their
  immediate locality
• give rise to substantial regional or national
  controversy
• raise significant architectural or urban design
  issues or
• may involve the interests of national security,
  or of foreign Governments

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Mineral Planning

• Decision taken by County Council or Unitary
  Authority

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Do you need planning permission?

• Planning permission is usually required unless
  the development constitutes
• use of land for agriculture or forestry
• permitted by Town and Country Planning General
  Development Order 1992-

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Definition of Development

• TOWN AND COUNTRY PLANNING ACT 1990
• .Carrying out of building, engineering, mining
  and other operations in, on, over or under land,
  or the making of any material change in the use
  of any buildings or other land.
• with the exception of
• .Land used for the purpose of agriculture or
  forestry.

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Planning permission not required

• Internal alterations
• Outside repair and maintenance
• Demolition

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Environmental Impact Assessment (EIA)

• Developer required to carry out a systematic
  analysis of the predicted effects of the project
  on the environment
• European Directive (85/33/EEC as amended by
  97/11/EC)
• Prepares an Environmental Statement
• Required on pig/poultry farms where environmental
  effect is significant

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Agricultural and Forestry dwellings

• Isolated development in countryside when
  proximity to place of work essential
• Outside the development envelope
• Planning permission required
• Restricted occupancy

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Agricultural and Forestry dwellings

• Tight criteria need to be met before permission
  granted
• Functionality test
• Is there an absolute need for the worker to be
  housed at the place of work?
• Financial test
• Is the agricultural/forestry unit financially
  viable?

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Occupancy condition

• The occupation of the dwelling shall be limited
  to a person solely or mainly working, or last
  working, in the locality in agriculture or in
  forestry, or a widow or widower of such a person,
  and to any resident dependants."

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Agricultural and Forestry dwellings

• Reference
• The Countryside - Environmental Quality and
  Economic and Social Development (PPG 7) Annex I

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Development Involving Horses

• A planning application is normally required for
  the use of land for keeping horses and for
  equestrian activities, unless they are kept as
  livestock or the land is used for grazing (no
  exercise or recreation)

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Development involving horses

• Reference
• The Countryside Environmental Quality and
  Economic and Social Development (PPG 7) Annex F

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Making a planning application

• consult authority beforehand (officers)
• neighbours viewpoint
• effect on community

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Type of application

• OUTLINE planning permission
• FULL planning permission

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Plans and illustrations

• Site location plan
• Boundary and other controlled land
• Existing buildings, trees, roads and access
  points
• On-site location
• FULL DETAILS REQUIRED FOR FULL APPLICATION

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After an application

• Entered on the planning register
• Publicise application
• on-site
• neighbour notification
• newspaper

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Consultation

• Community councils
• Highway authority
• Environment Agency
• Anyone can express a viewpoint
• 8 week determination period unless extended

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Determination
Site Meeting
Application
recommendation
Planning Committee
Officer viewpoint
Consultation
80 successful
Permission refused
Permission granted
30 successful
Appeal to Inspector
Public or Private inquiry
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Permission granted

• Convert OUTLINE planning permission to FULL
  planning permission
• submit detailed plans
• accepted under reserved matters
• Material commencement within 5 years

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Planning Conditions

• Permission granted subject to conditions
• Key test - planning permission would have to be
  refused if the condition were not imposed
• Conditions must be
• necessary
• relevant to planning
• relevant to the development
• enforceable
• precise
• reasonable

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Planning obligations

• Section 106 TCPA 1990
• Restrict development or use of land
• Require operations or activities to be carried
  out
• Require land to be used in a specified way
• Require payments to authority

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Planning obligations - examples

• Positive
• Require housing developer to install playing
  fields in residential development
• Install park furniture
• Install a cycle path
• Negative
• Forbid sale of agricultural dwelling separately
  from attached land
• Prevent development being occupied before certain
  highway works have been completed

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Plans

• Plans cannot be changed once permission has been
  granted without a further application.

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Refusing an application

• Applicant can appeal to the
• Department of Transport, Environment and the
  Regions
• Welsh Assembly
• Scottish Parliament
• Appeal must be lodged within 6 months

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Right to appeal

• Planning permission refused
• Conditions imposed you cannot or do not wish to
  accept
• Fail to make a decision within an 8 week period
  or whatever extended period agreed with authority

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Planning appeals

• A third of all appeals are successful
• 6 week process

Planning Inspector inquiry
Determination
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Permitted development rights

• General Development Orders
• Specific planning permission NOT required

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Permitted development rights

• Use of land (not buildings) for any purpose
  (other than caravan site)
• maximum 28 days
• clayshooting
• wargames
• maximum 14 days
• vehicle racing
• markets
• There are no permitted rights on SSSI

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Permitted development rights

• Building, excavation, engineering for
  agricultural purposes on holdings gt 5ha

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Permitted rights do not apply if

• erection or extension of dwelling
• within 400m of a dwelling
• mineral removed from holding

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Permitted rights do not apply if

• separate land parcels lt1ha
• development gt 465m2
• construction height gt12m ( 3m within 3 km of
  airfield)
• within 25 m of classified/trunk road