Introduction to Planning. Immediate post-war years Pollution, Urban Sprawl & Ribbon Development Town and Country Planning Act 1947, consolidated by the.

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Presentation transcript:

Introduction to Planning

Immediate post-war years Pollution, Urban Sprawl & Ribbon Development Town and Country Planning Act 1947, consolidated by the 1990 Act. Regulates the development of land in England & Wales Recent legislation – Localism Act/NPPF Origins

The plan-led system In England and Wales, a ‘Plan-led’ system outlines what can be built and where – local/national planning policy is set out in formal development plans. National – NPPF (2012) and PPGs Local - Local Development Frameworks (RSS abolished) Set of documents prepared by district councils, unitary authorities or national park authorities. Outlines spatial planning strategy for local area Roles of LPA i) Policy making and; ii) Determination of planning applications

What requires planning permission? Most types of development need planning permission: Building work; Engineering work; Mining work; Change of use of a building or land. Some building projects don’t need planning permission. This is known as ‘Permitted Development Rights’

The Process The Local Planning Authority (LPA) is responsible for determining the planning application; most apps 8 weeks, but 13 weeks for major development. 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, through the Planning Inspectorate (on behalf of Secretary of State) Local Planning Authority enforcement powers.

Decision Notices/Regulator Involvement 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, tree works); The provision of flood mitigation measures. Details of soft landscaping etc.

Planning Enforcement The enforcement of planning control is a discretionary function of the Council. There are limited resources available so not all reports of alleged breaches can be investigated or pursued. Enforcement action is only taken where a breach of planning control causes demonstrable harm in the public interest. Retrospective applications are generally approved following invitation from officers Lawful development certificates – 4/10 year rule for immunity. Adverts displayed without consent constitutes a criminal offence.

Key Contacts Planning Portal: online guide to the planning system; Professional advice (planning agent or consultant); Pre-application advice from the Local Planning Authority. Local Councillor Planning Aid: (charity set up to offer free unbiased advice)

Any Questions…