Local Infrastructure and Community Planning

Unitary authorities within England are a type of single-tier local authority that came into existence under the Local Government Act 1992 and is 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 carrying out enforcement 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 powers 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. 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, as well as making 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 Implication 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 concerning 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 through a framework for steering and guiding planning decisions and providing the direction for regional planning and clarity on individual Local Planning applications.
 
Producing the Local Plan is led by the Local Planning Authority and carried out in partnership and collaboration with local communities, developers, landowners, and other interested parties as a shared endeavour to safeguard the environment concerning 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 the relevant national, regional and local legal requirements of the National Planning Policy Framework into account, including the Duty to Cooperate.
 
The National Planning Policy Framework sets out four elements of soundness that Local Plans are considered against 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 to meet affordable housing needs, consistent with national planning policy, including 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, which must be balanced against other crucial considerations, such as protecting open spaces, areas of outstanding beauty or Site of Special Scientific Interest (SSSI), as well as land where planning is restricted, such as Green Belt.
 
The Localism Act 2011 and the Neighbourhood Planning (General) Regulations 2012 are the primary legislation that sets out the process for the system of neighbourhood planning. 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 between the local neighbourhood, in partnership with the planning authority to shape the development and growth of local communities, to create the local environment as they see fit through a 'neighbourhood development order'.
 
Since neighbourhood planning was introduced by the Localism Act 2011, there has been a growing momentum behind it, as 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 if the neighbourhood plan or order appropriately fits national and regional strategic planning policies and requisite legal conditions.
 
When a neighbourhood plan has passed the examination, achieved 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 where planning permission is automatically granted.
 
Some types of development may already be permitted nationally, which removes the need to apply for Local Planning permission as "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 within 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 within and 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 planning permission being granted to avoid the planning permission's lapse 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 come to a different view than the Local Planning Authority after considering the Local Planning authorities' or residents' opinions to decide that 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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