Unitary authorities within
England are a type of single-tier local authority that came into existence
under the Local Government Act 1992. They are responsible for all local
government services within a specific area, combining the functions of a
non-metropolitan county and district council.
Local Community Planning
The infrastructure and
community planning system is designed to be applied by local governments and
communities. Many parts of England have three tiers of local government, which
are made up of:
- County councils.
- District, borough, or city
councils.
- Parish or town councils.
The local government
administers much of the infrastructure and community planning system, preparing
Local Plans, determining planning applications, and enforcing against
unauthorised development. Most planning matters are the District Council's
responsibility, whereas the county council usually administers transport,
minerals, and waste planning.
In some areas of the
country, single-tier unitary authorities are responsible for district and
regional planning matters. In London, the Mayor also has the power to determine
specific planning applications of potential strategic importance. The National
Park Authority in the UK carries out planning functions for national parks.
Where they exist, parish and
town councils play an essential role in reviewing planning applications that
affect their area. The UK government wants planning decisions taken at the
lowest level possible, so it has introduced the ability for parish and town
councils to produce neighbourhood plans.
Once in force, a
neighbourhood plan will form part of the policies used to make infrastructure
and community planning decisions on planning applications and neighbourhood
development orders, which grant permission for development directly.
Where parish or town
councils do not exist, local community representatives may apply to establish a
neighbourhood forum to prepare a neighbourhood plan or neighbourhood
development order. Local planning authorities appoint planning officers to
assist with the operation of the planning system.
Local Planning Authorities
Approximately 90% of all
infrastructure and community planning applications received by Local Planning
authorities consist of minor and straightforward applications, which will be
decided through delegated decision-making powers and dealt with by the local
authority planning officers.
The local authority planning
committee deals with the remaining 10% of planning applications, which tend to
be the more prominent and controversial infrastructure and community planning
applications, supported by the local authority planning officers' recommendations.
The Secretary of State for
Levelling Up, Housing and Communities, through the Planning Inspectorate for
England and Wales, an executive agency of the Department, oversees the planning
system and has a more direct role in a minor number of planning decisions
through the appeals process. The department also makes decisions on nationally
significant infrastructure projects.
Planning inspectors, who are
a part of the Planning Inspectorate for England and Wales, are responsible for
deciding most planning and enforcement appeals on behalf of the Secretary of
State and play a role concerning nationally significant infrastructure and
plan-making.
The Implications of Planning
Issues
Many planning issues cross
national and local government and administrative boundaries. Therefore, a ‘Duty
to Cooperate’ mechanism was introduced by the Localism Act 2011 to ensure that local
planning authorities and other public bodies work efficiently and effectively
together in terms of sustainable development planning beyond their
administrative boundaries.
Local planning authorities
must demonstrate their compliance with the Duty to Cooperate when their Local
Plan is examined. Local Plans are the documents that set out a vision and
framework through which Local Planning authorities can plan for the area's future
development, engaging with their communities.
The Planning and Compulsory
Purchase Act 2004, allied to the Town and Country Planning (Local
Planning-England) Regulations 2012, sets out the primary legislation for
preparing Local Plans, which must address the needs and opportunities
concerning housing, the local economy, community facilities and infrastructure.
The Local Community Plan
The Local Plan provides
certainty for businesses, investors, and people in the local communities by
providing a framework for steering and guiding planning decisions, directing
regional planning, and clarifying individual Local Planning applications.
The Local Planning Authority
leads the production of the Local Plan, which is carried out in partnership and
collaboration with local communities, developers, landowners, and other
interested parties as a shared endeavour to safeguard the environment regarding
climate change, including accessible design.
An independent planning
inspector will examine and review the Local Plan to ensure that it meets the
needs of local people and businesses and has been prepared, taking into account
the relevant national, regional, and local legal requirements of the National
Planning Policy Framework, including the Duty to Cooperate.
The National Planning Policy
Framework sets out four elements of soundness against which Local Plans are
considered when examined. Local Plans must be:
- Positively prepared.
- Justified.
- Effective.
- Consistent with national policy.
A robust evidence base must
support the Local Plan, with housing planned to meet an objectively assessed
market for affordable housing needs, consistent with national planning policy.
This includes identifying a five-year supply of annually updated specific
property development sites.
Long Term Planning
The five-year property
development land supply should carry forward a 5% buffer in the planning period
to maintain a competitive choice in land use that considers the community's
changing needs, with a 20% development land supply buffer where insufficient
housing has been delivered.
Local planning authorities’
responsibility to meet housing needs criteria should be seen in the context of
the other policies set out in the National Planning Policy Framework. These
must be balanced against other crucial considerations, such as protecting open
spaces, areas of outstanding beauty, or Sites of Special Scientific Interest
(SSSIS), as well as land where planning is restricted, such as Green Belts.
The Localism Act 2011 and
the Neighbourhood Planning (General) Regulations 2012 are the primary
legislation that sets out the process for the neighbourhood planning system.
The Localism Act 2011 amended existing planning legislation to introduce
neighbourhood planning.
Neighbourhood Planning
Neighbourhood planning gives
local stakeholders input and direct power to be involved in developing a vision
shared by the local neighbourhood, in partnership with the planning authority,
to shape the development and growth of local communities and create the local
environment as they see fit through a 'neighbourhood development order'.
Since the Localism Act 2011
introduced neighbourhood planning, there has been a growing momentum behind it.
An increasing number of communities across England are becoming involved in
neighbourhood planning, with their plans forming a formal part of the
development of the Local Plan.
Every neighbourhood plan and
order is subjected to an independent examination, with a referendum within the
local vicinity, to determine whether it appropriately fits national and
regional strategic planning policies and requisite legal conditions.
When a neighbourhood plan passes
the examination, achieves successful local support through referendum, and is
formally ‘made’ by the Local Planning Authority, it will form part of the
statutory ‘development plan’ used by the Local Planning Authority to decide
planning applications.
Permitted Development Rights
The Town and Country
Planning (General Permitted Development) (England) Order 2015 automatically
grants approval from the Local Planning Authority for specific types of
development, often referred to as permitted development. Schedule 2 specifies
the conditions, limitations, and exceptions that apply to development and the
types of development for which planning permission is automatically granted.
Some types of development
may already be permitted nationally, which removes the need to apply for Local
Planning permission. "Permitted development rights" are typically
subject to conditions and limitations that restrict and control the impact of
small development projects, which must be met for the development to remain
lawful.
The "permitted
development rights" introduced significantly greater freedom for
homeowners in May 2013 to improve and extend their properties without applying
for full planning permission, subject to appropriate engagement with
neighbours. The UK government has recently introduced several new permitted
development rights to boost the housing supply, allowing development to occur
more quickly.
Planning Applications
Planning applications are
only required in certain circumstances. Generally, the Local Planning Authority
is responsible for deciding on planning applications in the first instance,
which, once received by the planning authority, will be advertised and published
for the local community to digest, comment on, or raise an objection to if
deemed necessary.
Planning authorities
must advertise and publish planning applications. They will use site notices
where the development is proposed to notify the local community, in local
publications, or through the planning authority's planning portal to advise the
broader community of the proposed development and planning application.
The need to advise,
advertise, and otherwise publish planning applications will depend on the type
of planning application and its perceived impact on the local environment.
Major development projects may need to be reviewed at the regional or national
level before planning consent is granted.
The formal planning
consultation period will typically last at least 21 days. However, it may vary
according to the size and type of development being considered. Members of the
local community or those affected by the planning application may comment or
express their opinions concerning a planning application during this period.
Written comments that raise
considerations relevant to the planning proposal that are ‘material’ to the
proposed development will be considered when the Local Planning Authority meets
to decide on the application. Political or material considerations can
influence planning issues, but generally relate to the impact and use of the
land and the proposed development.
Each planning application is
considered on its own merits. However, matters that affect private concerns may
affect the material considerations of planning decisions. A Local Planning
Authority usually has up to 8 weeks to decide on minor planning applications
for individual property development cases. However, deciding on significant
development projects may take up to 13 weeks.
When planning permission has
been granted, the development project must be started within three years of the
original permission being granted to avoid the permission lapsing and the need
to reapply.
The National Planning
Framework
The National Planning Policy
Framework emphasises the need for Local Planning authorities to approach
planning application decision-making positively to support sustainable
development delivery. Local planning authorities must secure development
proposals that improve the area's economic, social, and environmental
conditions.
The planning system is
plan-led, and any planning application must be determined in line with the
National Planning Policy Framework unless other material considerations
indicate otherwise. Local planning authorities can consider whether otherwise
unacceptable development could be made acceptable through conditions or a
planning obligation attached to a planning decision.
Sometimes, a covenant on the
land or building may restrict its future use. It is a separate legal regime for
planning. It can only be disregarded or removed if done by agreement,
discharged by the Lands Tribunal, or the land comes into single ownership. The
existence of planning permission does not remove the legal issue, but in some
cases, planning permission may only be granted with the removal of the
covenant.
Local planning authorities
provide planning enforcement services. By identifying and tackling cases of
unauthorised development, the enforcement process ensures fairness, stops
unacceptable development, and gives communities confidence in the system. The
Localism Act 2011 gave new powers to Local Planning authorities by extending
the time to investigate cases where unauthorised development has been
deliberately concealed.
Planning Refusals
Although effective planning
enforcement is fundamental to the system's integrity, responses to planning
control breaches should always be proportionate. Where work has been undertaken
without the necessary permission, there is scope to apply for planning
permission that allows local authorities to grant planning permission
retrospectively.
Where planning permission is
refused by a Local Planning Authority, granted with conditions, or fails to
consider a planning application within the statutory time limit, a planning
appeal can be lodged with the Secretary of State through the Planning Inspectorate
for England and Wales. A planning inspector appointed by the Secretary of State
will consider each appeal, which will be decided in line with the Local Plan
unless material considerations justify alternative action.
The planning inspector may take
a different view from the Local Planning Authority after considering the Local
Planning Authority's or residents' opinions to decide whether planning
permission should be granted or subjected to alternative conditions, as they
attribute different weight to the issues that direct their decision.
Alternatively, planning appeals can be overturned by the Secretary of State if
the case raises issues that justify a ministerial decision.
In these cases, the planning
inspector will consider the issues before recommending them to the Secretary of
State, who will decide based on the inspector’s assessment of the proposals.
The Secretary of State can take over planning applications rather than letting
a Local Planning Authority decide. The Secretary uses these powers sparingly,
usually where critical planning issues are involved. Where this occurs, a
planning inspector is appointed to inquire into the proposal and then report
their recommendation to the Secretary, whose decision will be final and
binding.
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