Planning Practice Note:
Planning Law
INTRODUCTION
This leaflet gives a brief description of Planning Law with guidance on how it is interpreted and where more information may be obtained.
THE HISTORY OF PLANNING LAW
The first Act of Parliament referring to Town Planning dates from 1909. The current legislation has its origins in the Town and Country Planning Act 1947 that introduced the system that is in use today. The 1947 Act has been amended and consolidated many times. Milestones in the history of planning law include:
- 1959 - the introduction of the current arrangements for compulsory purchase and compensation;
- 1968 - the introduction of the present system of Structure and Local plans;
- 1968 - the Civic Amenities Act introduced conservation areas;
- 1972 - demolition control in conservation areas;
- 1980 - introduction of Urban Development Corporations and Simplified Planning Zones;
- 1983 - National Heritage Act, establishment of English Heritage;
- 1985 - Access to Information Act;
- 1986 - Hazardous Substances Act;
- 1991 - Planning and Compensation Act;
- 2004 - Planning and Compulsory Purchase Act which made major changes to planning law and procedure.
PRIMARY LEGISLATION
Primary legislation consists of Acts of Parliament. There are more than 50 of these that affect Planning to some extent or other. It is only possible to refer to a few of them here.
Town and Country Planning Act 1990
This Act (as amended by the Planning and Compensation Act 1991) is the main Act of Parliament covering planning. It is divided into 15 Parts, 337 Sections and 17 Schedules. The most important of these are:
- Part I Functions of planning authorities;
- Part II Structure and Local Plans;
- Part III Development Control;
- Part VII Enforcement;
- Part VIII Trees and advertisements;
- Part IX Compulsory Purchase;
- Part X Highway closures and diversions.
Planning (Listed Buildings and Conservation Areas) Act 1990
This contains all the parallel provisions relating to:
- the designation of listed buildings;
- control of works to listed buildings;
- the designation of conservation areas;
- control of works in conservation areas.
Planning (Hazardous Substances) Act 1990
This contains the parallel provisions for proposals that involve the use or storage of large quantities of hazardous substances.
Human Rights Act 1998
This applies the European Convention on Human Rights to British public and administrational law.
Countryside and Rights of Way Act 2000
This imposed new duties on LPAs in respect of countryside management.
Planning and Compulsory Purchase Act 2004
This introduced many reforms of the planning system including the new arrangements for strategic and local planning.
SECONDARY LEGISLATION
Secondary legislation consists of Rules and Orders that can be introduced by the Government without the specific authority of Parliament. Important examples for planning include:
General Permitted Development Order
This sets out the types of developments which can be carried out without planning permission from the LPA, known as 'Permitted Development';
General Development Procedure Order
This gives the rules for the handling of planning applications and other matters by the LPA.
Use Classes Order
This permits some changes of use without planning permission from the LPA.
Appeals Procedure Rules
There are several of these. Which one is applicable depends on the appeal procedure being used.
Listed Buildings and Conservation Areas Regulations
These deal with procedures for dealing with listed building and conservation matters.
Advertisement Regulations
These set out the Rules for handling applications for consent to display advertisements and the classes of advertise-ment that do not need consent from the LPA.
Enforcement Notices and Appeals Regulations
These contain the rules for the handling of planning enforcement cases and any appeals that may arise.
Trees Regulations
These deal with procedures for Tree Preservation Orders and other issues relating to trees.
Hedgerow Regulations
These set out the procedures for notification of intended removal of hedgerows and whether:
- they may be removed;
- must be retained.
CASE LAW
Case Law is a short description of law that is created by judges when they make decisions on specific cases in front of them.
It is perhaps not surprising that planning is one of the most litigated (challenged in the courts) aspect of public sector law. This is because:
- planning is generally about the use of property;
- property is generally very valuable.
So, over the years, there have been many thousands of planning cases decided by the High Court (as well as the Court of Appeal and the House of Lords).
Most planning cases merely apply the law as the judge sees it. Some, however, involve new interpretation of the law or the ways in which it should be applied. When this happens, the case may be quoted in subsequent legal action and thus has the effect in modifying the law, as it was previously understood.
There is now so much case law of this kind, it is not always possible to interpret the primary or secondary legislation without reference to the relevant cases.
Anyone wanting information on the legal background to a planning issue is advised to discuss it with the LPA in the first instance and take independent specialist legal advice if necessary.
PLANNING AND COMPENSATION ACT 2004
This fundamentally changed some aspects of planning practice. The new features include:
- formalising arrangements for Regional Planning by the new Regional Planning Bodies (which may, in future, be elected assemblies);
- abolishing County Structure Plans;
- replacing Local Plans with a new flexible approach to local planning called 'Local Development Frameworks';
- making amendments to the procedures for development control: (a separate BVPN on this topic will be issued in due course);
- allowing LPA's to add to 'Permitted Development';
- amending the provisions for Simplified Planning Zones;
- allowing LPA's to decline to accept repeat applications;
- amending the normal period for planning permission to 3 years;
- amending the scope of planning fees and charges;
- new enforcement provisions
- amending the provisions for Compulsory Purchase for planning purposes.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 14/2/2007.
