Introduction to Planning Sarah Platts
A plan-led system Two parts of planning: policy making and determination of planning applications; The planning system in England requires each Local Planning Authority to prepare a Local Development Framework - a folder of documents outlining how planning will be managed for that area.
Decision Making Most types of development need planning permission: Building work; Engineering work; Mining work; Change of use of a building or land.
The Process The Local Planning Authority is responsible for determining the planning application; The public can comment during the public consultation period; Applications are decided by Planning Committee or under delegated authority; Planning applications can be submitted retrospectively; Appeal process for refused applications; Local Planning Authority enforcement powers.
Nature of Decision Making Decisions on planning applications must be made in accordance with s38 of the Planning & Compulsory Purchase Act 2004 (i.e in accordance with the Development Plan) unless material considerations indicate otherwise; Material considerations include Government guidance – such as the National Planning Policy Framework (NPPF).
Planning Considerations Planning considerations can involve:
Considering the principle of development
Impact on residents
Layout and design
Highways/ parking
Landscaping/ ecology
Decision Notices If planning permission is approved, there may be controls on the development, set out as conditions on the Decision Notices; Conditions are used as an alternative to a refusal and are wide-ranging; They can include: Restriction of the nature of business (e.g. hours of use, type of business to operate from the premises); Further information to be submitted (e.g. contamination surveys, material samples, archaeological work, details of flues); The provision of flood mitigation measures; Landscaping details.
Legal Agreements Section 106 Agreements can be used between the Local Planning Authority and the developer to make a development acceptable; These can often involve financial contributions towards local infrastructure and can be used to mitigate a development’s impact (e.g. to require road improvements or to contribute towards school places)
Who Am I Key Contacts
Key Contacts Planning Aid: (charity set up to offer free unbiased advice); Professional advice (planning agent or consultant); Local councillor Planning Portal: online guide to the planning system; Pre-application advice from the Local Planning Authority.