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The Planning System for Development Control 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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references
References

www.planning.odpm.gov.uk/

www.wales.gov.uk/subiplanning/

A FARMER'S GUIDE TO THE PLANNINGSYSTEM

Department of the Environment, Welsh Office, Ministry of Agriculture, Fisheries and Food. 1992

www.planning.odpm.gov.uk/farmguid/

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

primary legislation
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
secondary legislation
Secondary Legislation
  • Statutory Instruments
  • General Development Orders
material considerations
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

material considerations8
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
development plans
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
development plans10
Development plans
  • Public documents
  • Policy framework for 10-15 years
development plans11
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.
prematurity
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.
development envelope
Development envelope
  • Policy to constrain development outside line
special planning policies
Special planning policies
  • National Parks
  • Areas of Outstanding Natural Beauty
  • Sites of Special Scientific Interest
  • Green Belts
decisions on applications17
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
mineral planning
Mineral Planning
  • Decision taken by County Council or Unitary Authority
do you need planning permission
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-
definition of development
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….”

planning permission not required
Planning permission not required
  • Internal alterations
  • Outside repair and maintenance
  • Demolition
environmental impact assessment eia
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
agricultural and forestry dwellings
Agricultural and Forestry dwellings
  • Isolated development in countryside when proximity to place of work essential
  • Outside the development envelope
  • Planning permission required
  • Restricted occupancy
agricultural and forestry dwellings24
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?
occupancy condition
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."

agricultural and forestry dwellings26
Agricultural and Forestry dwellings
  • Reference

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

development involving horses
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)
development involving horses28
Development involving horses
  • Reference

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

making a planning application
Making a planning application
  • consult authority beforehand (officers)
  • neighbours viewpoint
  • effect on community
type of application
Type of application
  • OUTLINE planning permission
  • FULL planning permission
plans and illustrations
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
after an application
After an application
  • Entered on the planning register
  • Publicise application
    • on-site
    • neighbour notification
    • newspaper
consultation
Consultation
  • Community councils
  • Highway authority
  • Environment Agency
  • Anyone can express a viewpoint
  • 8 week determination period unless extended
determination
Determination

Site Meeting

Application

recommendation

Planning Committee

Consultation

Officer viewpoint

80% successful

Permission refused

Permission granted

30% successful

Appeal to Inspector

Public or Private inquiry

permission granted
Permission granted
  • Convert OUTLINE planning permission to FULL planning permission
    • submit detailed plans
    • accepted under “reserved matters”
  • Material commencement within 5 years
planning conditions
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
planning obligations
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
planning obligations examples
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
plans
Plans
  • Plans cannot be changed once permission has been granted without a further application.
refusing an application
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
right to appeal
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
planning appeals
Planning appeals
  • A third of all appeals are successful
  • 6 week process

Planning Inspector inquiry

Determination

permitted development rights
Permitted development rights
  • General Development Orders
  • Specific planning permission NOT required
permitted development rights44
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
permitted development rights45
Permitted development rights
  • Building, excavation, engineering for agricultural purposes on holdings > 5ha
permitted rights do not apply if
Permitted rights do not apply if
  • erection or extension of dwelling
  • within 400m of a dwelling
  • mineral removed from holding
permitted rights do not apply if47
Permitted rights do not apply if
  • separate land parcels <1ha
  • development > 465m2
  • construction height >12m ( 3m within 3 km of airfield)
  • within 25 m of classified/trunk road