Planning for Architects

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Planning for Architects
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Planning procedures

• Most work of a significant nature is subject to
  planning control. The architect requires a
  detailed knowledge of its procedures and
  requirements and must be conscious of the rights
  of the client in relation to development.
• The law concerning planning matters is complex
  and extensive and it is subject to continuous
  change in the context of industrial, social and
  political developments. The architect must be
  aware of changes in official guidance issued by
  the Minister in the form of guidance and policy
  notes and other discussion papers.
• Planning control operates in conjunction with
  other forms of environmental and building
  control. Generally the operation of control
  systems does not affect common law rights and
  obligations.

Principles of Planning
Planning policy is based on the general notion
that any change in the use of land or buildings,
i.e. 'development', may be a matter of public
concern and hence should be subject to public
control as represented by the planning system.
The planning system is founded on extensive
legislation administered generally at local
government level using delegated powers from the
Secretary of State for the Environment.
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Planning procedures

• Planning is a two stage activity comprising the
  preparation of development plans by the Local
  Planning Authority (LPA) and the checking of
  developers' proposals to ensure compliance with
  the approved development plan.
• The Secretary of State for the Environment is
  responsible for the enforcement of planning
  legislation but the day-to-day administration is
  delegated to the elected representatives of the
  Local Planning Authority and advised by a
  'Planning Officer' in theory development control
  is in the hands of the local community but the
  Minister has the power to over-ride local views
  in the national interests.
• Development plans set out the planning policy of
  each local authority in the case of 'shire'
  authorities they consist of a 'structure plan
  and a 'local plan' and in the case of a single
  tier authority a 'unitary plan'. The plans are
  subject to local publicity and approval by the
  Secretary of State. Generally there is an
  assumption of approval in relation to proposed
  developments which conform with approved
  development plans.
• The Minister is responsible for ensuring that the
  Local Planning Authority carries out is duties in
  connection with strategic surveys and the
  preparation of structure plans, local plans, and
  unitary development plans. The Minister has
  powers to act in the event of the default of the
  LPA, to 'call-in' planning applications, and to
  deal with appeals.

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Planning law

• Planning law has its roots in the Town Country
  Planning Act 1947 but there have been many
  amendments and changes over the last fifty years.
  
• The current principal Acts are
• the long, Town Country Planning Act 1990
• the associated, Planning (Listed Buildings
  Conservation Areas) Act 1990.
• The, Planning (Hazardous Substances) Act 1990.
• and the, Planning (Consequential Provisions) Act
  1990.
• together known as the 'Planning Acts'.
• The 1990 Act was amended in some detail a year
  later by the Planning Compensation Act 1991 and
  consequently the two have to be read together and
  in conjunction with the many statutory
  instruments (subordinate rules, regulations, and
  codes) which have since been published.

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• In addition to the primary and secondary
  legislation attention has to be given to the
• Planning Policy Guidance notes (PPGs),
• Regional Planning Guidance notes (RPGs),
• and Mineral Planning Guidance notes (MPGS)
• which are used by planning authorities and
  inspectors in the interpretation of the
  legislation.
• These guidance notes are issued by the Secretary
  of State for the Environment from time to time,
  in conjunction with other departmental ministers,
  as guidance to Government policy.
• There are currently twenty four PPGS, several of
  which have been revised and reissues They do not
  have the same legal status as Regulations or
  other Statutory Instruments but they are usually
  regarded as such by officials.
• It would be unwise for a developer or a Local
  Planning Authority (LPA) to ignore the guidance
  offered, other than in extremely unusual
  circumstances.

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The following Planning Policy Guidance notes are
currently in use

• PFG-1 1997 General Policy Principles
• PPG-2 1988 Green Belts
• PPG-3 1992 Housing
• PPG-4 1992 Industrial Commercial Developments
  Small Firms
• PPG-5 1992 Simplified Planning Zones (SPZ)
• PPG-6 1993 Town Centres Retail Developments
• PPG-7 1997 The Countryside Rural Economy
• PFG-8 1992 Telecommunications
• PPG-9 1994 Nature Conservation
• PPG-IO 1988 Strategic Guidance for West
  Midlands(under review)
• PPG-11 1988 Strategic Guidance for
  Merseyside)(under review)
• PPG-12 1992 Development Plans Regional Planning
  Guidance
• PPG-13 1994 Transport
• PPG-14 1990 Development on Unstable Land
• PPG-15 1994 Planing Historic Environment
• PPG-16 1990 Archaeology Planning
• PPG-17 1991 Sport Recreation
• PPG-18 1992 Enforcing Planning Control
• PPG-19 1992 Outdoor Advertising Control

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The Regional Planning Guidance notes concern
specific areas of the country The following RPGs
are currently in use

• RPG-3 1996 Strategic Guidance for London
• RPG-7 1993 Regional Planning Guidance for the
  Northern Region
• RPG-8 1994 Regional Planning Distance for the
  East Midlands Region
• RPG-9 1994 Regional Planning Guidance for the
  South East
• RFG-9A 1995 Thames Gateway
• RPG-IO 1994 Regional Planning Guidance for the
  South West
• RPG-II 1995 Regional Planning Guidance for the
  West Midlands Region
• RPG-I2 1996 Regional Planning Guidance for the
  Yorkshire and Humberside
• RPG-I3 1996 Regional Planning Guidance for the
  North West

The Mineral Planning Guidance notes are mainly of
strategic concern but they may also be of
interest in relation to outline and detail
planning submissions. The following MPGs are
currently in use
MPG-2 1998 Applications, Permissions and
Guidance MPG-3 1994 Coal Mining and Colliery
Spoil Disposal MPG-4 1998 Review of Mineral
Working Sites MPG-5 1989 Minerals Planning and
the General Development Order MPG-6 1994 Guidance
for Aggregates Provision in England MPG-7 1989
The Reclamation of Mineral Workings MPG-8 1991
Planning and Compensation Act 1991- Interim
Development Order Permissions, Statutory
Provisions Procedures MPG-9 1991 Planning
Compensation Act 1991- Interim Development Order
Permissions- Conditions MPG-10 1991 Provisions of
Raw Materials for the Cement Industry MPG-11 1993
Control of Noise at Surface Mineral
Workings MPG-12 1994 Treatment of Disused Mine
Openings and Availability of Information on Mined
Ground
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Meaning of development

• The meaning of development under Section 55 of
  the Town Country Planning Act l990 is wide
  ranging
• it is concerned with the carrying out of
  building, mining, engineering or other operations
  and the making of material changes in the use of
  land Some operations do not constitute
  development and so are not covered by the Act and
  some changes of use within the Town Country
  Planning (Uses Classes) Order 1987 do constitute
  development.
• Development need not necessarily entail the
  physical change of land or buildings
• e.g. it could concern advertisements in places
  not normally used for advertisements, extensions
  of dumps etc.
• Most permanent building operations are covered by
  the Act but minor changes in use such as internal
  alterations are often permissible without formal
  planning submissions careful reference should be
  made to the Use Classes Order.

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Exemptions

• Certain kinds of activities do not require
  planning permission some activities do not
  constitute development and some activities
  although classified as development are permitted
  without the need for planning permissions.
• none- development activities
• internal or external alterations or improvements
  which do not affect the appearance of the
  building,
• maintenance etc. carried by the local authority,
• opening up of streets etc. for inspection and
  repair of sewers, pipes etc. by local authorities
  or statutory authorities
• use of a dwelling or land within its curtilage
  for incidental purposes,
• use of land or building for agricultural
  purposes,
• use within the same Use Class,
• and demolition on official instructions.

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Permitted development

• Certain kinds of minor development work do not
  require formal planning submissions-, these are
  known as permitted development under the General
  Permitted Development Order 1995.
• There are 84 classes of permitted development
  covering such matters as, minor building
  operations satellites, domestic oil storage
  containers, a porch, pool, hard standing, etc.
  within the curtilage of a dwelling repairs to
  services single caravan sites agricultural
  buildings etc.
• Everything outside these 'permitted use
  categories' requires the permission of the Local
  Planning Authority or the 'Secretary of States
  for the Environment' before it can be carried
  out. Carrying out development without approval is
  a serious matter with the risks of fines or
  imprisonment for the developer and the possible
  obligation to reinstate the site to its former
  condition.
• In case of uncertainty about the need for
  planning permission the architect must seek the
  advice of the Local Planning Authority but it
  should be noted that apart from some very minor
  technical matters where they are empowered to act
  officers have no authority to make decisions
  which are the prerogative of the elected
  representatives.

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Applications for planning permissions

• The principles and the application of planning
  control are described in PPG-1 General Policy and
  principles, PPG-6 Town Centres and Retail
  Developments, PPG-I2 Development Plans and
  Regional Planning Guidance, and PPG-I8 Enforcing
  Planning Control.

It is the responsibility of the developer to make
the application for permission to carry out
development but it is frequently delegated to the
architect to make the application as the agent of
the employer. Planning applications have to be
made in accordance with Town Country Planning
(Applications) Regulations 1988. the Town
Country Planning (General Development Procedure)
Order 1995, and the Town Country Planning
(Assessment of Environmental Effects) Regulations
1988/ 1990/ 1992/ 1994. The appropriate form can
be obtained from the Local Planning
Authority. The Local Planning Authority has to
consider the application in the context of
Planning Policy Guidance note 1 PPG-1 1002 / 1997
and the approved development plan for the
area. The Local Planning Authority has 8 weeks
in which to deal with the application, or in the
case of an application relating to major highway
proposals 12 weeks. The Local Planning Authority
may ask the developer to agree to an extension of
these periods.
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• The applicant must have given notice to the owner
  of the site and certify having done so (or having
  taken the necessary steps to give public notice
  where the owners is not known) on the application
  form' the applicant must also notify agricultural
  tenants of the land.
• Public notice must also be given in the local
  press to enable interested parties to comment on
  the proposed development, in its consideration of
  the application the Local Planning Authority must
  take these comments into account.
• In the case of developments concerning listed
  buildings or Conservation Areas notice has also
  to be given on site. All applications have to be
  considered by the Local Planning Authority in
  relation to the approved development plan for the
  area, current legislation and Ministerial
  guidance, and any other material considerations.
• In appropriate circumstances the authority may
  enter into an agreement with the applicant under
  Section 106 of the Town and Country Planning Act
  1990 whereby there is planning gain to the
  community through the actions of the applicant in
  connection with the granting of planning
  approval. 'The planning gain might take the form
  of amenity improvement or the provision of
  community services associated with the project.

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• Applications may be rejected, approved without
  conditions, or more commonly. approved subject to
  specific conditions.
• In the event of a refusal or the imposition of
  unacceptable conditions or failure to give a
  decision within the prescribed periods the
  applicant has six months in which to make an
  appeal to the Minister, the conduct of the appeal
  is a matter for the Minister.
• Outline planning permission may be sought in
  order to determine the policy of the Local
  Planning Authority without the expense of the
  preparation of a detailed scheme, It is
  important that only the minimum possible amount
  of design information should be included in an
  outline application in order to allow the
  developer maximum flexibility in developing the
  design. If outline approval is given it is
  usually on the condition of reserved matters
  being dealt with at the detailed planning
  application stage, detailed applications have to
  be made within three years after which the
  outline permission lapses. Work must commence
  within five Years of detailed approval. Work
  which begins but does not continue may be subject
  to the issue of a Completion Notice requiring it
  to be completed within a stated period, failure
  to conform to the notice could result in the
  revocation of the planning permission.
• Planning submission fees, vary with the size and
  nature of the development, have to be paid at the
  time of submission.

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• Appeals against a decision of the Local Planning
  Authority may be made to the Secretary of State
  within 28 days of the decision. The appeal may
  taken the form of written representations by the
  parties or the form of an oral hearing before an
  inspector.
• The Secretary of State may uphold the decision of
  the authority, quash the decision, or vary the
  conditions.
• An appeal to the High Court against the decision
  of the Secretary of State is possible but most
  unusual.
• The Granting of planning permission for
  development or change of use often has
  implications for neighbours and others. It should
  be noted that the granting of planning permission
  does not entitle an applicant to infringe the
  statutory and common law rights of neighbours and
  others, nor does it entitle the applicant to
  commit a public nuisance.

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Enforcement

• The Local Planning Authority may serve an
  Enforcement Notice on a developer and an occupier
  who carries out work without planning permission
  or not in accordance with the conditions of a
  granted planning permission, the notice specifies
  what has to be done to rectify the breach of
  planning control.
• The Local Planning Authority may also serve a
  Stop Notice to prevent work continuing during an
  appeal against an Enforcement Notice.
• It could also seek an injunction in the High
  Court to prevent an actual or threatened breach
  of planning control Enforcement actions have to
  be taken within four years from the substantial
  completion of the operation concerned, other
  actions for breach of planning controls have to
  be taken within ten years. Where there is
  uncertainty about the legitimacy of an activity,
  being carried out on a site the Local Planning
  Authority may, serve a Planning Contravention
  Notice on anyone who has an interest in the land,
  is the occupier of the land, or is carrying out
  an operation on the land, seeking information on
  the activity concerned- Failure to provide this
  information on request could result in a fine of
  1, 000.
• In support of their powers to demand information
  the Local Planning Authority has power to serve
  24 hours notice of its proposed intention to
  enter a site to carry out investigations into the
  use of the land. With the exception of dwelling
  houses where 24 hours notice must be given, they
  also have powers of immediate entry in an
  emergency where there is thought to be reasonable
  grounds for doing so. Where such an entry is
  resisted it may be necessary for the authority to
  obtain a magistrate's warrant for forcible entry.

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• Enterprise Zones
• Developments in an enterprise zone designated
  under the Local Government Planning and Land Act
  1980 which come within the type designations for
  the zone are not subject to full planning control
  procedures in order to encourage commercial and
  industrial employment.
• Financial encouragement for development in the
  zones is also available but the long term
  benefits of the scheme are now questioned and it
  is likely to fall into disuse.
• Simplified Planning Zones
• Simplified Planning Zones use the same simplified
  planning control approach as Enterprise Zones but
  no financial incentives are offered. Their
  objectives and procedures are described in PPG5
  Simplified Planning Zones,

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Environmental control and assessments

• Planning matters have to be seen in the context
  of environmental legislation to which planning.
  decisions and conditions often relate. These
  matters usually concern designated sites of
  various kinds, the presence of listed flora and
  fauna, or the risk of environmental damage
  especially in relation to pollution, offensive
  processes, and traffic.
• The Town and Country Planning (Assessment of
  Environmental Effects) Regulations 1988 which
  implemented the European (Community Directive (85
  / 337) were later amended as the Town and Country
  Planning (Assessment of Environmental Effects)
  (Amendment) Regulations 1992 1994) and the Town
  and Country Planning(Environmental Assessment and
  Permitted Development) Regulations 1995. These
  regulations should be read with Environmental
  Assessment a Guide to the Procedure 1989 and
  Preparation of Environmental Statements for
  Planning Projects that Require Environmental
  Assessments a Good Practice Guide 1995
• Circular 15 / 88 which explains the regulations
  uses three expressions 'environmental assessment'
  (EA) which refers to the whole process required
  to support a planning application, 'environmental
  information' (El) from statutory authorities and
  others for the planning authorities, and
  'environmental statement' (ES) consisting of the
  specific information provided by the developer.

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• The European Community Directive (85 / 337) lists
  the subjects for which an Environmental
  Assessments is required in two schedules.
• Schedule 1 comprises,
• crude oil refinery,
• thermal power station,
• storage or disposal of radioactive waste,
• works for the initial melting of cats iron and
  steel,
• installations for asbestos extraction or process,
  
• chemical installation for the manufacture of
  olefins, sulphuric, nitric or hydrofluoric acid,
  chlorine or fluorine,
• a special road, a long distance railway or an
  aerodrome,
• a port for handling vessels of over 1,3 tonnes,
• waste disposal installations for the incineration
  or chemical treatment of special waste,
• and land fill or the deposit of special waste.

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Schedule 2 comprises,

• Agriculture, e.g- water management for
  agriculture, poultry rearing pig rearing, salmon
  hatchery, salmon rearing, and recreation of land
  from sea
• Extractive industry e.g peat extraction, deep
  drilling (except soil stability investigation),
  extracting minerals, extracting coal etc.,
  extracting petroleum, extracting natural gas,
  extracting ores, extracting bituminous shale,
  opencast mining, surface installation for
  extraction, coke oven, and cement making plant
• Energy industry, e.g non-nuclear power
  station, installation for carrying gas, steam or
  hot water, -surface storage of natural gas,
  under-ground storage of combustible gas, surface
  storage of fossil fuels, briquette of coal or
  lignite, nuclear fuel plant, nuclear reprocessing
  plant, collection of radioactive waste,and
  hydroelectric energy production,
• Processing of metals e.g. ironworks or
  steelworks, metal smelting, refining, drawing, or
  rolling, pressing, drawing, or stamping of
  castings, treatment of metals, boiler making,
  metal reservoir or tank making, motor vehicle
  making,shipyard, aircraft construction or repair,
  railway equipment manufacture, explosives use,
  and metallic ore sintenng,
• Glass making chemical industry e.g treatment and
  production of chemicals, pesticides,
  pharmaceuticals, paints, peroxides, and storage
  of petroleum or chemicals.,
• Food industry e.g. manufacture of vegetable or
  animal oils, packing or canning of food products,
  manufacture of'dairy products, brewing and
  malting, confectionerv and syrup manufacture,
  slaughter installations, starch manufacture, fish
  meal or oil, processing, and sugar making,
• Textile, leather, wood and paper industries e.g.
  scouring, degreasing and bleaching, Fibre board,
  particle board and plywood manufacture, pulp,
  paper or beard manufacture, Fibre dying,
  cellulose processing. installations, and tannery
  and leather, dressing factories, rubber
  industry.,
• Infrastructure projects e.g industrial estate
  development, urban development project, ski-lift
  or cable car installation, construction of a
  road, harbour, or aerodrome, canal or flood
  relief work, permanent dam or water holding
  installation, tramways and elevated or
  under,-round passenger railway, oil or gas
  pipeline, long distance aqueduct, marina,
  motorway service area, and coast protection
• Other projects e.g. holiday villa-e or hotel
  complex, permanent vehicle race track, controlled
  waste disposal installation, waste water
  treatment plant, sludge deposit site, scrap iron
  Storage, test bench installations, artificial
  fibre manufacture, explosives manufacture and
  packing, and a knackers' yard.
• modifications to Schedule 1 developments and the
  provision of temporary development and testing of
  product--

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• The schedules are for guidance only, the local
  planning authority has discretion in deciding
  whether a development proposal requires an
  environmental assessment. Where the project is
  of, obvious significance, is located in a
  sensitive location, or is potentially contentious
  early consultation with the authorities is
  obviously prudent. The regulations provide a
  three weeks time limit in which authorities or
  the Secretary of State have to give decisions on
  the need for an environmental assessment when
  requested to do so.
• A developers who believes that it would support a
  proposed planning application to submit a
  voluntary environmental assessment is free to do
  so.
• Information to be included in an environmental
  statement (ES) is in Schedule 3 the authorities
  may however require further more detailed
  information. Having decided that an environmental
  assessment is necessary the local planning
  authority has to notify any relevant public
  bodies and require them to provide the
  information needed for its preparation. These
  authorities may include other local authorities
  with an interest, the Nature Conservancy Council,
  the Countryside Commission, and the Health and
  Safety Executive.
• Notice of applications have to be advertised on
  the site and in the local press which must
  include details of where the environmental
  statement may be inspected. The period for
  determining an application is extended from the
  usual 8 weeks to 16 weeks in which time the local
  planning authority may seek further information
  and or the applicant for an extension of the
  period of consideration.
• If a decision is not given within the period an
  appeal may be made to the Secretary of State.

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Countryside controls

• Under the Conservation (Natural Habitats etc.)
  Regulations 1994 (implementing the EC Natural
  Habitats Directive) where a Special Area of
  Conservation (SAC) has been designated the Local
  Planning Authority is required to review any
  approvals which may have been given for
  development in the area with the intention of
  revoking the approval unless it can be shown that
  it is not in the public interest to do so.
  Permitted development provisions do not apply in
  Special Areas of Conservation.
• PPG-2 Green Belts, PPG-7 The Countryside and the
  Rural Economy,and PPG-9 Natural Conservation
• Deals with rural planning matters generally but
  many planning issues involving rural issues are
  the subject of regulations often promulgated in
  response to pressure group lobbying
• an example being the Hedgerows Regulations
  1997.The owner of a countryside hedgerow (i-e.
  not a garden or a dwelling house hedge) must give
  notice to the local authority of any proposals
  for the removal of a hedgerow of more than 20m in
  length. The local authority has 42 days in which
  to consider the notice during which time it may
  give or refuse consent, -failure to respond
  within the 42 days is deemed to consent. Consent
  may be refused by the local authority if it
  considers the hedgerow to be 'important' in the
  context of the regulations i.e. more than 30
  years old, or it marks a town or parish boundary
  which existed before 1850, or it has
  archaeological, historical, wildlife, or
  landscape interest, or it is related to buildings
  or features associated with field systems
  pre-dating the Enclosure Acts.
• Anyone who removes a hedgerow after consent has
  been refused may be fined an amount which
  reflects the financial benefit likely to be
  gained by its removal and may also be required to
  replace and retain the hedgerow for a period of
  not less than 30 Years. Further legislation in
  this area is anticipated in the near future.

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Under the Town and Country Plannin2 Act 1990

• The felling of trees does not constitute
  development and so does not require planning
  permission but the Act does empower the Local
  Planning Authority to grant Planning permission
  subject to conditions requiring the preservation
  or planting of trees. It also empowers the
  authority to make Tree Preservation Orders (TPO)
  for their continuing protection after the
  development has been completed.
• A Tree Preservation Order may apply to individual
  trees, groups of trees, or woodlands where it is
  considered to be expedient to protect them in the
  interests of amenity. It may make provision for
  the prohibition of felling, lopping, wilful
  damage, etc. or the replanting of areas felled in
  the course of forestry operations etc. It must
  identify the trees concerned with reference to a
  map of their location and it must also set out
  the conditions of the order.
• In the first instance the order is provisional
  together with a statement of the reasons why it
  was considered necessary it is served on owners
  and occupiers, the Conservator of Forests and the
  District Valuer, and also made available for
  public inspection. The authority is required to
  consider any objections made and to modify the
  provisional order if thought to be necessary and
  then to serve the confirmed order on those
  concerned.
• The Secretary of State has powers to act in tree
  preservation matters. It is a criminal offence to
  contravene a Tree Preservation Order.
• Whether subject to Trees Preservation Orders or
  not all trees in designated conservation areas
  are subject to controls requiring the consent of
  the Local Planning Authority. Forestry,'
  Commission land is subject to special
  arrangements in relation to Tree Preservation
  Orders.

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Technical references

• It is important that reference is always made
  direct to original full versions of statutes,
  regulations and guidance notes and that
  commentaries are used for general guidance only.
  It is also necessary to ensure that the current
  material is used and that care is taken to ensure
  that material is amended as necessary.
• It is particularly important that reference is
  always made direct to original full versions of
  statutes, regulations and guidance notes and that
  commentaries are used for general guidance only.
  It is also necessary to ensure that the current
  material is used and that care is taken to ensure
  that material is amended as necessary.
• It is particularly important that anything
  arising from changes in political control or
  direction is taken into account.