An Introductory Guide to the Planning System  

Introduction

Planning legislation is acknowledged to be one of the most technical and fast changing areas of law. The comprehensive national planning system first established in this country in 1947 has grown into a bit of a monster. Most development proposals now have to satisfy a myriad and it seems ever growing list of requirements before they get approved.

A good starting point for understanding planning is knowing how development is defined in s.55 of the Town & Country Planning Act 1990. This includes operational development as well as changes of use. Certain and generally restricted categories of development are pre-approved by the Secretary of State under the General Permitted Development Order but for the most part planning permission is required before any proposal can be lawfully implemented. The consequences of starting development which does not having planning permission can be serious.

To obtain planning consent, a proposal must either comply with the Development Plan or material considerations indicate that it should be granted. To complicate matters, the Development Plan consists of more than one document. Information as to what documents constitute the Development Plan for any area of England and Wales can usually be found on a local planning authority's website. Material considerations can include national guidance, locally produced supplementary planning guidance and documents, and a site's planning history.

Almost all planning applications are determined by local planning authorities initially. If an application is refused an applicant has the right of appeal to the Secretary of State, who in 98% of cases authorises an Inspector to make a decision on his/her behalf.

To help clients and other readers understand key aspects of the planning system, guides will be published on this site in the next few months covering the following topics: