RIBA-Negotiating The Planning Maze 2006

Good Practice Guide:
Negotiating the
Planning Maze
John Collins, Consultant, Past President of the RTPl

Philip Moren, Planning Consultant
RI BA 9#V Publishing
Q John Collins and Philip Moren, 2006
Published by RlBA Publishing, 15 Bonhill Street, London EC2P 2EA
This is a revised edition of the bookA Guide to Negotiatingthe Planning Maze, which first appeared in
2002 as part of the Small Practices series, and takes full account of the recent reforms to the planning
systems of England and Wales brought about by the Planning and Compulsory Purchase Act 2004.
ISBN 1 85946 183 2
Stock Code 55693
The right ofJohn Collins and Philip Moren to be identified as the Authors of this Work has been asserted
in accordance with the Copyright, Design and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmit-
ted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without
prior permissionof the copyright owner.
British Library Cataloguing in Publications Data

A catalogue record for this book is available from the British Library.
Publisher: Steven Cross

Commissioning Editor: John Elkington
Project Editor: Anna Walters
Editor: Alasdair Deas
Designed and typeset by Ben Millbank
Printed and bound by Hobbs the Printer, Hampshire
The information contained in this book is given for guidance purposes only and does not purport to be
a definitive statement of planning law, policy or practice.While every effort has been made to check i t s
accuracy, neither the authors nor the publishers can accept any responsibility for any actions based on
the use of this guide, and they will not be liable for any consequent damages. Readers should therefore
make their own checks.The views expressed are the solely the opinions of the authors and do not reflect
those of any client or employer.
Mr Henderson (p.1) Copyright Q 1942 by Ogden Nash

Reprinted by permissionof Curtis Brown, Ltd.
>er Ies to revvo rd
The Good Practice Guide series has been specifically developed to provide archi-
tects, and other construction professionals, with practical advice and guidance
on a range of topics that affect them, and the management of their business, on
a day-to-day basis.
All of the guides in the series are written in an easy-to-read, straightforward style.
The guides are not meant to be definitive texts on the particular subject in question,
but each guide will be the readers first point of reference, offering them a quick
overview of the key points and then provide them with a route map for finding
further, more detailed information.Where appropriate,checklists, tables, diagrams
and case studies will be included to aid ease-of-use.
Good Practice Guide: Negotiating the Planning Maze
All architects become involved in planning to a greater or lesser extent.This book

sets out to explain in a clear and concise way the procedures involved in obtaining
planning permission and demystifies the complexities of planning process. The
authors have prepared a thorough and extensive guide to help you find your way
around the new planning requirements.
This book is a must, not just for all architects, but for all construction professionals
who need to ensure they understand properly the issues at stake, the frameworkof
development control and how to deal effectively with the planning bureaucracy.
Jack Pringle
President, RlBA
Preface
On 13 May 2004, the new Planningand Compulsory Purchase Act received its Royal
Assent. Already, its effects have been felt, and the shape and complexity of theplan-
ningmazeas we knew it beforethe Act was passed has been changed significantly.As
a result, it is now even trickier to negotiate.As an old dog you must learn new tricks
and develop a new vocabulary with its unfamiliar abbreviationsand acronyms (to aid
comprehension of these, we have included a list at page xvii). Out go Regional Plan-
ning Guidance, Structure Plans, Unitary Development Plans and Local Plans and in
come Regional Spatial Strategies (RSSs) and Local DevelopmentDocuments(LDDs).
Planning Policy Guidance Notes are being reviewed and will gradually be replaced
by Planning Policy Statements (PPSs). A new set of terms and planningjargon has
emerged:front loading, SustainabilityAppraisals, Statements of Community Involve-
ment (SCI), Supplementary Planning Documents (SPD), and so forth.
New concepts such as spatial planning must be grasped; while others like sus-
tainable development have been brought to the fore (we explain these in the
Introduction).
To add considerably to the difficulties that practitioners face in getting to grips

with the new regime, the 2004 Act is being brought into force in stages. A number
of its provisions remain to be clarified by secondary legislation and additional
government guidance.So, while most of the new Act is already in operation,further
change will be in the air during the coming months.
On top of all this, although the Government is anxious to move over to the new
system as quickly as possible, transitionalarrangements for saving old-style develop-
ment plans, and completing unfinished plans, have been put in place for three years.
During this initial phase, therefore, development plan policy coverage will be by a
patchwork of old-style and emerging new plans. Practitionersshould thus be alert to
this framework and check carefully the new Local DevelopmentScheme that every
planning authority should now have now prepared, setting out the detailsof policies
to be saved or replaced.Thescheme will also tell you how you can become involved
in new policy formulation, which will be proceeding apace during the transitional
period.Opportunitiesfor community involvement in the planning process have been
strengthenedin the new regime. Early involvementin the consultationphases of the
new Development Plan Documents will be crucial so that you do not find yourself
or a client disadvantaged by restrictiveor negative planning provisionsor miss vital
opportunitiesto promote positive initiativesor new sites. Section 4, Gettinginvolved
in policy formulation, will help guide you through this critical period.
Significant changes are also afoot to improve the handlingof planningapplications.

Central to these changes are new initiatives for 'front loading', with increased
emphasis on early discussion and consultation with the planning authority and
the need for applicationsto be supported by much fuller information and impact
studies. Complying with the new requirements will be key to ensuring that your
applicationsare validated and processed quickly - and hopefully with a favourable
outcome.
The reforms to the planning system are intended to make it faster, fairer and more
efficient. It is still early days and therefore remains to be seen whether in practice
they will be successful. In preparing our guide, we have highlighted the changes
that we feel are likely to have the greatest impact on the majority of architects.
However, practitionerswill need to continue to monitor progressand keep a keen
eye on the websites of the Office of the Deputy Prime Minister and the National
Assembly for Wales for the latest news.
John Collins and Philip Moren

November 2005
About the authors
John Collins OBE DipArch(Birm)SPDip RlBA FRTPI is a Past President of the Royal
Town Planning Institute and Past Regional Chairman of the RlBA in the Northwest,
and has practised at different stages of his career as an architect and as a town
planner. He has worked in local government in Birmingham,Coventry and latterly
as County Planner of Cheshire.This followed a four-year spell in the private sector
as an associate in an architectural and planning consultancy. He has experienced
life as a civil servant both in the UK and overseas and has run his own planning
consultancy, including a short period on the board of a Development Corporation.
Currently he is a consultant to the Tweed Nuttall Warburton practice in Chester
and represents the RTPl on the citys Conservation Area Advisory Committee.
Philip Moren BA(Hons) MRTPI is a Chartered Town Planner and practises as a
Planning Consultant. He has worked for three local planning authorities and as a
Consultant to FPDSavills (International Property Consultants). His current respon-
sibilities include acting as a part-time Inspector for An Bord Pleanala (the Irish
Planning Appeals Board) and as co-compiler of Development Control Casebook,
Planning magazines weekly legal and planning appeals bulletin, in which he also
responds to readersqueries in the Forum Q&A slot. He has extensive experience of
the planning systems in England, Wales, Ireland and the Isle of Man, advising both
public and private sector clients, and has been a guest speaker at various seminars
and workshops for property professionals, including RlBA and RTPl CPD events.
Acknowledgements
We would like to thank all those people who made their individual contributions
to the preparation of this guide, especially:
Edward Barnes, Walker, Smith & Way; James Brotherhood, James Brotherhood
Associates; Christopher Brummitt, Christopher Brummitt Architects; Anthony
Burgess, Planning Portal; Dave Chetwyn, Stoke-on-Trent City Council; Murray
Graham, Susan Hughes & Associates; Nick Taylor, Wigan MBC; Daniel Thompson,
CABE; John Tweed, Tweed Nuttall Warburton; Tony H. Walton, Retired Architect
and Town Planner; Michael Wildblood, Wildblood Macdonald; and Chris Winter,
Director, English Historic Towns Forum.
In addition, of course, Mary Webster who helped us with drawing up our flowcharts.
Last, but not least: Matthew Thompson, John Elkington and the editorial team at
RlBA Publishing.
Contents
List ofplanning abbreviations xvii
Introduction: working together 1

What guidance are you looking for? 2
Tips on using this guide 2
Reform of the planning system 3
SDatial Dlanninq and sustainable develoDment 4
Section 1 Planning framework: an overview 7

Generallv 7
Legis lation 8
Government Dolicies and advice 8
Administration of the svstem 8
How the development control system works 9
Section 2 The hierarchy of planning policy and development plans 15
The EuroDean Spatial DeveloDment PersDective 15
National planning policy 15
Regional Spatial Strategies and Regional Planning Guidance 17
Structure Plans 18
Local development frameworks, Local Plans and Supplementary
Planning Documents 18
Minerals and waste local plans 22
Unitarv DeveloDment Plans 22
The SDatial DeveloDment Strateav for London 23
Special designations and related controls 25

National Parks 25
Section 3 (Continued)
Areas of Outstanding Natural Beauty 26
Green Belts 26
Nature conservation sites 28
Historic and archaeoloqical interests 28
Other heritaae desianations 31
Section 4 Getting involved in policy formulation 33

Grow your role! 33
Key involvement stages in plan-making 34
Sumlementarv Plannina Documents 41
Transitional arrangements 41
Community strateqies 43
Section 5 Applications for planning permissionor other consent 45

Is Dermission necessarv? 45
Who can apply? 49
Who processes planninq applications? 49
Main types of application 50
Preparing and submitting planning applications 60
What happens to vour application and what should vou do? 74
Neaotiations and tactics 81
Decision notices 84
Plannina conditions 85
Planning obligations and planning gain 86
Section 6 Going to appeal, challenges and complaints 91

Planning appeals 91
Challenaes: statutorv and iudicial review 106
Complaints to the council or Ombudsman 107
Human rights 108
Section 7 Before commencing development, changes and breaches
of planninq control 111
Before vou start 111
Changes 111
Breaches of planninq control 112
Some final thoughts.. . 115
Appendices
. . . ........
..............
A Main sources of further information and assistance 117
B The Town and Country Planning (General Permitted
DeveloDment) Order 1995: Schedule of Permitted
DeveloDment (main headinas) 125
C Town and Country Planning (Use Classes) Order 1987,
as amended: Summarv of Use Classes 127
D Policy documents you should check prior to submitting
a planninq application 131
E Makino Better Plannina Applications - EHTF Guide 133
F Checklist of main considerations for planning a major
development proposal 139
Documents referred to in this guide 145
Index 149
List of planning
abbreviations
AAP Area Action Plan

AMR Annual Monitoring Report
AONB Area of Outstanding Natural Beauty
BRE Building Research Establishment
CABE Commission for Architecture and the Built Environment
CADW Welsh Historic Monuments body
CIS Community Involvement Scheme (Welsh equivalent of SCI)
CLEUD Certificate of lawfulness of existing use or development
CLOPUD Certificate of lawfulness of proposed use or development
cs Community Strategy
DEFRA Department for Environment, Food and Rural Affairs
DETR Department of the Environment,Transport and the Regions (responsible
for planning prior to 2001)
DfT Department for Transport
DOE Department of the Environment (predecessor to DETR)
DPD Development Plan Document
DTLR Department of Transport, Local Government and the Regions (respon-
sible for planning between 2001 and 2002)
EHTF English Historic Towns Forum
Ei P Examination in Public into a draft revised RSS
ESDP The European Spatial Development Perspective
GDPO TheTown and Country Planning (General Development Procedure)Order
1995
GPDO TheTown and Country Planning (General Permitted Development) Order
1995
LDC Lawful Development Certificate (Certificate of Lawfulness)
LDF Local Development Framework
xvii
LDD Local Development Document
LDP Local Development Plan (new-style development plan in Wales)
LDS Local Development Scheme
LPA Local Planning Authority, i.e. Unitary Authorities and District Councils,
but used in this guide to include County Councils where relevant to their
role in producing Minerals and Waste LDDs
LTP Local Transport Plan
ODPM Office of the Deputy Prime Minister, responsible for planning from 2002
onwards
os Ordnance Survey
PD Permitted Development rights under the GPO0
PPG Planning Policy Guidance note
PPS Planning Policy Statement, previously PPG
PINS The Planning Inspectorate
PPW Planning Policy Wales
RPG Regional Planning Guidance
RPB Regional Planning Body
RSS Regional Spatial Strategy, taken in this guide to include the Spatial Devel-
opment Strategy (SDS) in London
RTPl Royal Town Planning Institute
RTS Regional Transport Strategy
SA Sustainability Appraisal
SCI Statement of Community Involvement
SEA Strategic Environmental Assessment
SI Statutory Instrument
SOS Secretary of State with overall responsibility for planning matters,
currently the Deputy Prime Minister and First Secretary (in Wales, the
National Assembly under the First Minister)
SPG Supplementary Planning Guidance
SPD Supplementary Planning Document
ss51 Site of Special Scientific Interest
TAN Technical Advice Note
TPO Tree Preservation Order
UDP Old-style Unitary Development Plan
VDS Village Design Statement
WAG Welsh Assembly Government
WO Welsh Office
Introduction
Working together
To many architects, planners are the personification of Ogden Nashs Mr Henderson:
There goes leon

Glowing like neon
Hes got an appointment
In somebodysointment.
Town planners and architects are not always the cosiest of bedfellows.
To quote from an RIBAJournal report on RlBANETdiscussionforum: members return

to a favourite subject: are planners dim, incompetent or just spineless?Andsome
planners are heard to ask similarly unflattering questions about architects.
The main job of this guide is to help members of the built environment profes-
sions to work together as one team. This can only be achieved when each has
confidence and trust in the others abilities, and an understanding of everyones
responsibilities.This guide aims to develop that understanding.
In a foreword to the Citizens Guide to Town and Country Planning,first published by

theTown and Country PlanningAssociation in 1986, the late Anthony Greenwood,
then Minister of Housing and Local Government, wrote:
Plans to reshape towns or to preserve the countryside, and the countless deci-
sions on individual planning applications,are too often inadequatelyexplained.
Prejudice and misunderstanding come from lack of clear information.
It is not only citizens, but also the many architectural practitioners caught up in
the planning process - theplanning maze - who find themselves in need of clear
information and guidance. We hope that this guide will help you find your way
through the maze.
1
2 Negotiating the Planning Maze
What guidance are you looking for?
An exhaustive library of information has been published and is available, not

least on the internet, covering all aspects of the complex system of town and
country planning in the UK. This guide aims to provide a distillation of material
of most use to architects, in a concise form. That does mean, of course, that we
have had to leave much out. We have not, for example, included anything on the
very complicated compulsory purchase and compensation regime, which, like
the planning system itself, is being overhauled. However, any deficiencies should
be remedied by following the links to the main sources of further information
included at Appendix A.
This guide provides an outline of the framework of plan-making and development

control in England and Wales, and seeks to address practitioners primary concerns:
How can I avoid common pitfalls and keep abreast of the complex and ever-
changing planning law and practice?
What are the most effective methods of dealing successfully with the planning
bureaucracy?
Where can I get more information?
Tips on using this guide
This guide deals mainly with planning in England, although we have tried to high-
light the differences with the similar system in Wales, where appropriate. While
Northern Ireland, Scotland, the Channel Islands and the Isle of Man all operate
their own variations of the same theme, these are based on different legislation
and are thus beyond the scope of this guide. However, the planning essentials, as
well as ways of dealing positively with the bureaucracy, are fairly universal.
While this guide is not intended to be a primary reference point on planning law,
inevitably we have had to include much background material of a somewhat dry
and rather legalistic nature. As far as practicable, we have tried to simplify this
and have explained any unusual terms and expressions when they first appear.
However, a useful glossary of basic planning terms may be found on the Planning
Portal website (see Appendix A). In addition, both Planning Policy Statement 77:
Regional Spatial Strategies (PPS11) and the companion guide to PPSl2, Creating
Local Development Frameworks, contain comprehensive glossaries of the new
plan-making terms.
lntroduction 3
Reform of the planning system

The Planning and Compulsory Purchase Act, passed by parliament in May 2004,
paved the way for the biggest shake-up to the system in England and Wales since
the Second World War.
In England, the Act gave statutory force to many of the significant reforms pro-
posed by the Government in its green paper Planning: Delivering a fundamental
Change, whose stated aim was to make the planning and compulsory purchase
systems faster, fairer and more predictable.The publication of the green paper in
December 2001 was followed by a frenzy of consultation papers, new regulations
and replacement policy guidance dealing with a wide variety of topics.
The 2004 Act streamlines planning by scrapping county Structure Plans, seen by
many as overlapping and contradictory, and leaving a two-tier system of comple-
mentary Regional Spatial Strategies (RSSs) and Local Development Documents.
So, at regional level, statutory RSSs will be drawn up by regional planning bodies
recognisedby the Secretary of State to gradually replace existing regional planning
guidance (RPG). And at district level, Local and Unitary Development Plans will
be replaced by a local development framework (LDF), comprising a portfolio of
Local Development Documents (LDDs),which local planning authorities are now
obliged to prepare in line with a Local Development Scheme (LDS).The 2004 Act
makes it a statutory duty for both LDDs and the RSSs to contribute to sustainable
development.
The new plan-making provisions came into force in September 2004. However,
transitional arrangements provide for old-style development plans to be saved
for three years from the commencement of the new regime or until superseded
by the new plans (whicheveris the earlier),and some emerging old-style plans will
be completed under modified procedures to expedite their adoption. Therefore,
the transfer from the old to the new system is an interestingchallenge for all those
involved with the planning process.
In Wales, Part 6 of the 2004 Act provides for a reformed development plan system
as well as the statutory basis for a Wales Spatial Plan. It follows the consultation
paper Planning: Delivering for Wales, published in January 2002, and subsequent
ministerial statements.The new provisions came into force in October 2005. Under
the new plan-making regime, the current single-tier plans will be retained but will
be known as Local Development Plans (LDPs). These will be simpler and more
concise documents than the present UDPs. Until such time as it is supplanted by a
new-style LDP, transitional arrangementswill ensure that whatever constitutes the
development plan for an area (be it a UDP, Structure Plan or Local Plan) will retain
development plan status. As in England, there are also provisions for completing
- under expedited procedures - emerging UDPs that have already reached the
statutory deposit stage.
We explain the new plan-making regime in Section 2.
On the proceduresfor handling development control, various changes are in the

pipeline to make the processingof planning applicationsfaster and more efficient.
These are explained in Section 5.
The new Act is being brought into force in stages. The main provisions relating to
regional and local planning, the development plan and sustainable development,
and development control have already come into effect. However, many of the
provisions relating to the changes to the development control system require new
regulations or changes to the General Development ProcedureOrder (GDPO).At
the time of writing, these had not yet been issued but are expected soon. Guidance
on the changes that have already been made to the development control system
are explained in ODPM Circular 08/2005. New regulations on planning obligations
will not be made until sometime in 2006 (see Planning obligations and planning
gain in Section 5, page 86).
Spatial planning and sustainable development
Two key features of the transformed planning system are the emphasis on spatial
planning and sustainable development. It is therefore essential to understand
what these expressions mean.
Spatial planning is a concept that goes beyond traditional land-use planning to
bring together and integrate policies for the development and use of land with
other policies and programmes that influence the nature of places and how they
function.These include policies that can affect land use, for example by influencing
the demands on, or needs for, development but which are not capable of being
delivered solely or mainly through the granting or refusal of planning permission
and which may be implemented by other means, such as by other local authority
departments or government bodies.
Introduction 5
The 2004 Act requires planning authorities to undertaketheir functions with a view
to contributingto the achievement of sustainabledevelopment.The definition given
by the World Commission on Environment and Development is widely accepted:
development that meets the needs of the present without compromising the abil-
ity of future generations to meet their own needs. Not only are the principles of
sustainable development fundamental to assessments of the merits of proposed
developments when considered at the planning application stage, but the new
plan-makingregime has introduced requirements for emergingdevelopment plans
to be appraised to ensure that they are as environmentallysound and sustainable as
possible.Such Sustainability Appraisals (SAS)apply to local development frameworks
and RSSs. These development plans (and a range of other plans and programmes,
including Local Transport Plans (LTPs), waste and minerals plans) are also subject to
Strategic Environmental Assessment (SEA) under European Directive 2001/42/EC.
The Governments commitment to sustainable development is set out in A Better

Quality of Life, A Strategy for Sustainable Development in the UK (ODPM 1999). For
further informationon sustainable development, visit the Sustainable Development
Commissions website at www.sd-commission.org.uk; details of the Governments
approach can be found at www.sustainable-development.gov.uk
SUMMARY
Town planners and architects must understand each other and work
together.
This guide aims to provide a distillation of material of most use to archi-
tects, and outlines the framework of plan-making and development
control in England and Wales.
The planning system is undergoing its biggest shake-up since the Second
World War. In England, the old plan-making regime has been scrapped
to leave a two-tier system of Regional Spatial Strategies (RSSs) and Local
Development Documents (LDDs), and in Wales a simplified single-tier
system of Local Development Plans.
The transformed system is underpinned by the concepts of spatial plan-
ning and sustainable development.
Transitional arrangements are in place, and new provisions are being
brought into force in stages along with new regulation and orders - you
will need to be alert to the on-going changes.
Section 1
Planning framework:
a
an overview
Generally
In its Planning Policy Statements, the Office of the Deputy Prime Minister (ODPM)
summarises the role of the planning system thus:
Planning shapes the places where people live and work and the country we
live in. It plays a key role in supporting the Governmentswidersocial, environ-
mental and economic objectives and for sustainable communities.
The creation of sustainable communities thus lies at the heart of the planning
system. The Government defines these as:
Places wherepeople want to live and work, now and in the future. They meet
the diverse needs of existing and future residents, are sensitive to their envi-
ronment, and contribute to a high qualityoflife. They aresafe and inclusive,
well planned, built and run, and offer equality of opportunity and good
services for all.
Planning is the mechanism by which the use of land and buildings is controlled in
the public interest. It does this mainly through the preparation by local planning
authorities (LPAs) of a development plan (which is explained below), and the con-
sideration by them of planning applicationsagainst the policies and Seeolso:
Together with enforcement,these plan-makingand control functions p/on;poge

form what some have described as the planning trinity. El
proposals in that plan, exercising their development control function. Meaning of
development
The development control function is the area in which architects are most likely
to deal. Essentially, it is a judgmental process where material considerations are
assessed and weighed in the balance. The planner is thus piggy-in-the-middle,
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is blank
having to reconcile the needs and aspirations of competing interests, in order

to maintain an appropriate balance between the development industry, on the
one hand, and the wider community, on the other. This involves considering the
long-term social, environmental, economic and resource impacts of development,
while also contributing to the achievement of sustainable patterns of land use
and development.
Legislation
The current system is based mainly on the following primary legislation:
Planning and Compulsory Purchase Act 2004

Planning and CompensationAct 1991
Town and Country Planning Act 1990
Planning (Listed Buildings and ConservationAreas Act) 1990
Planning (HazardousSubstances) Act 1990
Planning (ConsequentialProvisions) Act 1990.
These acts are supplemented by a range of subordinate legislation in the form of

statutory instruments, including a variety of development orders and rules and
regulations that deal with matters of detail.
Government policiesand advice
The requirements of the planning legislation, the way in which the system should
work in practice and national planning policies are outlined in Planning (and Miner-
als) Policy Statements and Guidance Notes, Technical Advice Notes (for Wales only),
circulars and in other government pronouncements.We say more about national
planning policies in Section 2 (see also the list at Appendix A).
Administration of the system
The planning system is administered by the LPAs. These include:
regional planning bodies (including the Mayor of London)

county councils (retainingtransport, minerals and waste planning responsibilities)
district councils
unitary authorities (that is, single-tier councils, combining the functions of both
county and district councils)
Section 1: Planning framework: an overview 9
National Park authorities

exceptionally, special arrangements may be made for dealing with planning
applications in certain areas, such as housing action trust areas, etc.
In addition, the Secretary of State with overall responsibily for planning matters
(currently the Deputy Prime Minister, through a number of regional government
offices), the NationalAssembly for Wales (throughthe First Secretary) and the Plan-
ning Inspectorate all play key roles in formulating policy, making developmentplans
and determining applications for planning permission or similar consent.
Although town, parish and community councils must be consulted on, or notified
of, certain applications, they have no decision-making powers. Their role in the
planning process is therefore purely advisory.
How the development control system works
The overarching objectives for the planning system in England are explained in
Planning Policy Statement I : DeliveringSustainableDevelopment (PPSl), issued by the
ODPM in January 2005. This is supplemented by a companion guide, The Planning
System: General Principles. These docu,
ments make it clear that the Government '/TheGovernment js committed
is committed to a plan-led system of
development control, underpinned by to a plan-led system
the overall aim of delivering sustainable of&ve/opment contra/."
development. Section 38(6)of the 2004
Planning and Compulsory Purchase Act gives statutory force to the primacy of the
development plan and, in effect, requires that decisions should be made in accord-
ance with the development plan, unless material considerations indicateotherwise.
Thus, applicationsthat go against relevant policies in the plan should not be allowed
unless there are good planning reasons to justify permission.
In Wales, similar advice is set out in Planning Guidance Wales (PPW): March 2002.
Tests for decision-makers
Generally, the test for decision-makers is whether any proposed development

would cause 'material harm', or 'unacceptable' harm to interests of acknowledged
importance. However, in the case of conservation areas (as explained in Section
3), with listed buildings and in certain sensitive areas, a stricter test should be
See also: applied. Here it is necessary to avoid any harm, as opposed to just
El
Conservation
areas, page
'material harm'.The distinctions may appear subtle but are crucial and
are not always understood, even by those responsiblefor operating
the system.
Meaning of 'deve Iopment plan'
Under the new plan-making regime, the development plan will consist of the
Regional Spatial Strategy (RSS) (or, in London, the Spatial Development Strategy)
and the portfolio of Development Plan Documents (DPDs) prepared by district
councils, unitary authorities, the Broads authority, National Parkauthoritiesand, in
the case of minerals and waste, DPDs produced by county councils. In Wales, the
development plan will be the Local Development Plan (LDP) or, until i t s prepara-
tion, any saved old-style Unitary Development Plans (UDPs),Structure Plans and
Local Plans.
Transitional arrangements are in place
to ensure that all statutorily adopted
plans prepared under the old regime
England Wales
are automatically saved for a period
of three years from the date that the
Two-tier system: Single-tier system: new provisions came into force (28
Regional Spatial Strategy Local Development Plan September 2004). In addition, where
(including the London
an emerging development plan had
Spatial Development
Strategy); plus already reached i t s statutory deposit
Development Plan stage by the time of the new regime and
Documents: objections made to its draft provisions,
- core strategy the transitional arrangements require
- site-specific allocations that the plan be completed under the
- area action plans old procedures, but with certain modi-
- other development plan fications to streamline the remaining
documents
proposals map stages in the process.
Transitional period Therefore, until the new-style develop-
Saved policies in old-style: ment documents have been prepared
Structure Plans and/orthe transitionalperiod has passed,
-Unitary Development Plans
-Local Plans
within a district the term 'development
plan' will include plans prepared at both
Section 1: Planning framework: an overview 11
county and district levels, such as the Structure Plan for the area and any Local Plan.
However, for the purposes of Section 38(6) of the 2004 Act, these must have been
statutorily adopted (that is, finally approved) by the relevant authorities. Elsewhere,
the development plan may comprise a single all-purposeplan, such as an adopted
UDP. Emerging plans may be taken into account as material considerations, and
the weight to be attached to them will increase as each successive stage in their
preparation is reached.
The documents that make up the development plan are summarised in Table 1.1.
Material considerations
In principle, any consideration that relates to the use and development of land is
capable of being a planning consideration, and over the years the scope of such
considerations has widened. The courts have ruled that material considerations
include the following (the list is not exhaustive):
the development plan

basic factors involved in land-use planning, such as the number, size, layout, siting,
design and external appearance of buildings and the proposed means of access,
together with landscaping, impact on the character and appearance of the area,
existing and proposed living conditions, highway safety, ecology, archaeology,
the availability of infrastructure, and other environmental considerations
government statements of planning policy
emerging policies, in the form of draft departmental circulars and policy guid-
ance, depending on the context
the views of third parties
planning gain (see Section 5, Planning obligations andplanning gain, page 86)
availability of alternative sites
public concerns about safety and perception of harm
need, and national and local economic considerations
'enabling development' (development that would achieve a significant benefit
to a heritage asset but which would otherwise be rejected as being contrary to
planning policy - refer to the English Heritage website for further information)
the ability of LPAs to impose conditions
precedent
personal hardship (in certain circumstances)
sustainability
issues of viability, and other financial considerations (in certain circumstances)

certain social and cultural matters (for example, maintenance of the Welsh lan-
guage and identity)
existing site uses and characteristics, its planning history and the effect of not
granting permission.
Considerations that are not material
Matters that are not material planning considerationsinclude those regulated by

other legislation, objections on moral grounds (for example, to betting, alcohol
or sex-related uses), the effect of a proposed development on property values,
the maintenance of private views (unless these coincide with important public
views), and the protection of other individual interests, except where these are
also in the interests of the public as a whole. Legal restrictions, such as covenants,
easements and rights of way, or commercial competition (in itself) are thus not
relevant when considering a planning application.
Balancing considerations
The companion guide to PPS1 explains that if the development plan contains
relevant policies, and there are no other material considerations, the application
(or appeal) should be decided in accordance with the development plan. However,
where there are other material considerations, the development plan should be
the starting point, and the other material considerationsweighed in the balance
when reaching a decision. One such considerationwill be whether the plan policies
are relevant and up to date. They might, for example, have been overtaken by
events or superseded by more recent government planning policy guidance.The
2004 Act provides that if there is a conflict between policies in a RSS or in a Local
Development Document (LDD), the most recent policy will take precedence.
Where an LPA proposes to grant planning permission for a development that is a
significant departure from the development plan, the Secretary of State must be
notified so that he can consider whether to intervene and call-in the application
for his own decision.
Making proposed developments acceptable

See also:
Planning When dealing with an application for planning permission or
obfigations
other consent, a planning authority may request amendments or
improvementsto the submitted proposal, impose conditions on the
Section 1: Planning framework:an overview 13
permission or consent, or require the applicant to enter into a'planning obligation'

in respect of the use or development of the application site or of other land or
buildings. These matters are explained in Section 5.
'Sustainable communities' are the heart of the planning system.

Development plans are the principal element in planning regulation
-they are created in accordance with government policiesand guidelines
but administered by local planning authorities.
In England, the 'development plan' consists of a Regional Spatial Strat-
egy (RSS) and a portfolio of Development Plan Documents (DPDs)- the
nature and content of the DPDs will vary according to the needs of
specific areas.
Transitional arrangements mean that some old-style development plans
will be retained for a while and incorporated as DPDs under the new
system.
The planning system is required to consider a wide range of factors
when controlling development, with the development plan being the
primary consideration, but must operate in the interests of the public as
a whole.
Section 2
The hierarchy of
planning policy and
development plans
Figure 2.1 (page 16) presents a summary of the hierarchy of planning policy and
development plans that apply to England and Wales, as explained in this section.
The European Spatial Development Perspective
Do not be alarmed, this is not a grand physical plan for Europe. Neither is it an
attempt to harmonise the planning systems of all the countries in the European
Union (EU). Instead, it is a policy document based on the EUs aim of achieving
balanced and sustainable development, in particular by strengthening economic
and social cohesion. It has no legal force but seeks better co-ordination between
EU sectoral policies that have significant impacts, and between member states,
their regions and cities. The European Spatial Development Perspective (ESDP)
therefore sets out clear spatial development guidelines that transcend national
boundaries.
National planning policy
National planning policies are issued by the UK Government and the National
Assembly for Wales on a range of issues. These guide not only the preparation
of development plans and the policies within them, but also the way in which
planning applications should be assessed.
In England, these are mainly expressed in the form of new-style Planning Policy
Statements (PPSs).These are being introduced gradually to replace existing Plan-
ning Policy Guidance notes (PPGs) in order to provide greater clarity and remove
from national policy advice on practical implementation, which the Government
15
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is blank
feels is better expressed as guidance rather than policy. Each PPS or PPG sets
out the national policy on a particular aspect of planning. For example, PPG2
deals with policy on Green Belts and PPS6 with planning for town centres.Current
F I G U R E 2 . I : Hierarchy of planning policy and
PPGs and PPSs are listed at Appendix A.
development plans. Some older policy guidance is set out in
departmental circulars.
Enqland Wales In Wales, the framework of current

land-use policies is set out mainly in
National level
- New-style Planning Policy - Planning Guidance (Wales) Planning Policy Wales (published by the
~~ ~ ~~ ~
Statements (PPSs) -Technical Advice Notes National Assembly for Wales in March
- Old-style Planning Policy (TANs) 2002), supplemented by a similar topic-
Guidance notes (PPGs) -WO circulars based series of Technical Advice Notes
- Some older policy remains -Wales SDatial Plan (Wales) (TANs). These are also listed at
in ministerial circulars
Appendix A. Some policies and proce-
Regional level dural advice remain in the form of old
Welsh Office (WO) circulars. (Both the
Strategies and planning
National Assembly for Wales and the
guidance (including the
Spatial Development Welsh Assembly Government (WAG)
are involved in planning policy in Wales,
Countyhnitary authorities but it is the National Assembly that is
- Saved old-style - Saved old-style Structure ultimately responsible. The WAG com-
Structure Plans and Plans, Unitary Develop- prises the First Minister and the Cabinet,
Unitary Development ment Plans and Local while the Assembly comprises the sixty
Plans (to be phased out) Plans (to be phased out)
- Minerals and waste New-style Local
Assembly Members - the Assembly del-
egates many of its powers to the First
development framework Development Plans
Supplementary Planning Minister and his Cabinet Ministers, but
Guidance they remain answerable t o the Assem-
DistrictAocal level bly.)
- Saved old-style Local Wales is the first and only UK nation to
Plans (to be phased out)
- New-style Local Develop- prepare a spatial plan. In the words of
the National Assembly, People, Places,
ment Frameworks (see
Fig. 2.2) including Local Futures - The Wales Spatial Plan (pub-
Development Documents lished in November 2004) 'sets out a
- Supplementary planning
direction of travel for Wales for the next
documents/guidance
20 years, describing what is required to
Section 2: The hierarchy of planning policy and development plans 17
put Wales firmly on the path towards sustainable spatial development. The 2004
Act sets the plan on a statutory footing and requires it to be taken into account
by all planning authorities when preparing their development plans. Visit www.
waIes.g0v.uk for further details.
1
Current planning policies place strong emphasis on sustainable pat- Seealso:
terns of development, mixed-use development, better design and Generally,
Page 7
the creation of sustainable communities (as defined in Section l).The
Government is committed to delivering an urban renaissance, with
greater re-use of previously developed or so-called brownfield land - especially
for housing-and the location of development where there is good access to public
transport, services and facilities.All this, it is hoped, will reduce our dependence on
the car, minimisethe loss of greenfield land, and result in better living and working
conditions in our towns and cities.
Regional Spatial Strategies and Regional Planning Guidance
Under the old system, Regional Planning Guidance (RPG) was issued for each of
the English regions, prepared on behalf of the Secretary of State by ad hoc teams
under the control of each regional government office. Since the new provisions
strengthening the role and importance of regional planning took effect in Sep-
tember 2004, all RPGs have become Regional Spatial Strategies (RSSs). These are
also listed in Appendix A. The responsibility for revising RSSs rests with regional
planning bodies (RPBs).
Each RSS, incorporating a Regional Transport Strategy (RTS), provides a spatial

framework to inform the preparation of Local Development Documents (LDDs),
Local Transport Plans (LTPs), and regional and sub-regional strate-
See also:
gies and programmes that have a bearing on land-use activities. RSSs Meaning of
now carry statutory status and together with the new LDDs, which development
plan: page 10
must conform generally to the RSS, comprise part of the develop-
ment plan.
An RSS provides a broad development strategy for the region for a period of around
15 to 20years. It identifies the amount and distribution of new housing and takes
into account matters such as:
priorities for the environment, such as countryside and biodiversity protection,

and
transport, infrastructure, economic development, agriculture, minerals extrac-

tion and waste treatment and disposal.
The spatial strategy of the RSS is set out on a key diagram. However, this does not
identify specific sites suitable for development. That is the role of the LDDs.
In Wales, there has been no formal regional planning policy guidance for the
preparationof Unitary DevelopmentPlans (UDPs),although local planning authori-
ties (LPAs) have collaboratedand establishedvoluntary working arrangementsto
set strategic planning objectives and policies for their areas. These initiatives have
informed the preparation of the Wales Spatial Plan.
Planning Policy Statement 7I:RegionalSpatialStrategies (PPS11) sets out government

policy and guidance on the preparation of RSSs within England.
Structure Plans
Structure Plans are old-style development plans prepared by and covering counties
and National Parks, and have been abolished under the new plan-making regime.
However, under transitional arrangements existing Structure Plans are saved for
three years from the date that the new regime started (on 28 September 2004) or
Seealsa: from the Plans adoption, whichever is the later.This is unless during
that period RSS revisionsare published by the Secretary of State that
arrangements,
page41 replacethe Structure Plan policies completely or in part, or the Secre-
tary of State directs that the three-year period should be extended.
Structure Plans take their lead from national and regional planning guidance, and
set out key strategic policies, including the general amount and location of new
housing, employment and other development.They provide the overall framework
for Local Plans and will normally deal with a period of 10 to 15 years. Structure
Plans comprise a written statement and a key diagram, illustrating the general
policies.
Local development frameworks, Local Plans and Supplementary Plan-
ning Documents
Local development frameworks
A local development framework (LDF) is the new non-statutory term for the port-
folio of LDDs in England that comprise the spatial planning strategy for an LPAs
area. LDDs were introduced as a result of the 2004 Act and is a collective term for
Section 2: The hierarchy ofplanning policy and development plans 19
the Development Plan Documents (DPDs) that will replace the existing system of
Local, Structure and Unitary Development Plans, together with Supplementary
Planning Documents (SPDs) and the Statement of Community Involvement (SCI).
LDFs are intended to streamline the local planning process and be spatial, rather
than purely land-use, plans. They will set out a clear vision for an area, together
with a realistic implementation strategy. The focus is on delivery,
El
See also:
allocating sufficient land for new development to meet the needs /nrroducrion,
identified in the RSS (including The London Plan), while also taking ~ , s ~ ~ ~ $ ; ? ~ n ~
account of views on the preferred location for such development. ning:page4
The new system is designed so that local authorities can decide
which combination of documents best suits their circumstances. The ability to
produce various documents rather than one plan is intended to make it easier to
keep policies and proposals up to date.
DPDs include:
a corestrategy, setting out the spatial vision, spatial objectives and core policies
of the planning authoritys area (mandatory)
site-specific allocations of land for deve Io pment (mandatory)
a proposals map illustrating the geographical extent of policies and allocations,
including areas to be protected, such as Green Belts and conservation areas and
so forth (mandatory)
Area Action Plans (AAPs), if appropriate, to focus on specific areas where signifi-
cant change or conservation is needed (optional)
other DPDs (optional),for example dealing with a particular topic such as afford-
able housing or retail development, or so-called generic development control
policies (these are policies which set out the criteria against which planning
applications will be considered: see paragraphs 2.28-2.30 of PPSl2).
In addition to the DPDs listed above, the LDF portfolio will contain:
a mandatory Local Development Scheme (LDS), setting out details of each ofthe
LDDs to be produced and the timescales and arrangements for production
an SCI, specifying how the authority intends to involve communities and stake-
holders in the LDD process (this is mandatory and will be subject to independent
examination)
an Annual Monitoring Report (AMR), setting out progress on producing LDDs
and implementing policies (mandatory)
SPDs, providing supplementary guidance on policies in the DPDs (optional)

-they will not form part of the development plan or be subject to independent
examination
any Local DevelopmentOrders (LDOs) and/or Simplified Planning Zones (SPZs)
that have been adopted (see Section 5, Is permission necessary?, page 45, for
explanations of these terms).
Together with the RSS, to which they must conform generally, the LDDs comprise
the development plan for the purposes of Section 38(6)of the 2004 Act.
Figure 2.2 (page 21) shows the new plan-making regime and the contents of an
LDF at a glance.
Wales
In Wales, new-style Local Development Plans (LDPs) will be prepared to replace

existing UDPs, Structure Plans and Local Plans.These will be simpler, more concise
documents than the present UDPs and will focus on the planning authoritys objec-
tives for the use and development of land in their area, and the general policies for
implementing them. They will include specific allocations and detailed proposals,
which will be illustratedon a proposals map. Unlikethe current UDPs, they will not
be split into two parts. LDPs will need to be informed by a SustainabilityAppraisal
(SA) and prepared in accordance with a Community Involvement Scheme (CIS)
and a timetable to be agreed between each planning authority and the Welsh
Assembly Government (WAG).
Old-style Local Plans
In many areas, old-style Local Plans, prepared by and covering district council
areas and some unitary and National Park authorities, will remain or be completed
under transitional provisions.These plans set out local planning policies, which
work-up in detail the broad strategy of the Structure Plan (to which they must
generally conform), to guide day-to-day planning decisions. They also identify
specific sites for development.
A Local Plan normally covers a period of about ten years and includes a written
statement, which contains the plans policies and proposals with reasonedjustifica-
tion, and a proposals map on an Ordnance Survey base.
F IG UR E 2 . 2 : Contents o f a localdevelopment framework
Regional Spatial Strategy

(sets overall spatial framework to which LDFs must conform generally,
in place of Structure Plans which will disappear)
Supplemen-
tary Planning
Documents
LDOs
SPZS
ment Plan
Development Plan Documents
Source: adapted from CreatingLocal DevelopmentFromeworks:A Companion Guide to PPSII,ODPM, 2004.

Supplementary Planning Guidance
Many local planning authorities have prepared Supplementary PlanningGuidance

(SPG) to expand upon Local Plan policies. Examples of these are a 'planning brief'
for a specific site, explaining how it should be developed, or a 'design guide' for
householder developments, residential development or shopfronts, or a Village
Design Statement (VDS) prepared in accordance with guidance produced by the
Countryside Agency (visit www.countryside.gov.uk for further information).These
documentsare issued for guidance only and do not form part of the statutory devel-
opment plan. They are thus given less weight in the decision-makingprocess.
Under the transitional arrangements, existing SPG continues as non-statutory

guidance whilst the related saved policies of a development plan remain in place.
SPG is to be replaced under the new plan-making regime by SPDs, which will form
part of the LDF for an area. Nevertheless, while subject to community involvement
they will not be independently examined or form part of the statutory develop-
ment plan. They may take the form of design guides, area development briefs,
masterplan or issue-based documents, which supplement policies in a DPD.
In England, further information is set out in Planning Policy Guidance 12: Develop-
ment Plans (PPGl2) and Planning Policy Sfatement 72:LocalDevelopmentFrameworks
(PPSl2) and its companion guide, Creating Local Development Frameworks.In Wa Ies,
see the Welsh Assembly Government's consultation document Delivering Better
Development Plans for Wales (2004).
Minerals and waste local plans

Minerals and waste LDDs will be contained within a separate minerals and waste
development framework and continue to be prepared by counties, National Parks
and some unitary authorities.They will set out policiesfor the control and location
of mineral workings and the disposal of waste.
Unitary Development Plans
UDPs, prepared by metropolitan district and some unitary local authorities, and in
Wales, are old-style plans that combine the Structure and the Local Plan functions.
They are split into two parts. Part I contains the strategic policies, Part II sets out
the detailed policies and proposals.They normally cover a period of ten years, and
have a 'written statement' and 'proposals map'. Under transitional arrangements,
adopted UDPswill be saved until superseded by LDDs (in England)or LDPs (inWales)
or, in the former, for three years from the start of the new plan-making regime
(unless extended by the Secretary of State). Where emerging UDPs have reached
the statutory deposit stage, they will completed under modified procedures.
The Spatial Development Strategy for London
This is similar to an RSS. The Spatial Development Strategy for London, published
in February 2004 under the title TheLondon Plan, is a spatial development strategy
prepared by the Mayor of London. It replaces the previous strategic planning
guidance for London (known as RPG3), issued by the Secretary of State.
SUMMARY
The European Spatial Development Perspective (ESDP) sets out clear spa-
tial development guidelines for member states that transcend national
boundaries but has no legal force.
Planning policies for England are issued by the UKGovernment,and poli-
cies for Wales by the National Assembly for Wales.
Regional Spatial Strategies (RSSs) are the highest-level of development
strategy for a region (intended to cover a period of 15 to 20 years) and
replace the previous Regional Planning Guidance (RPG).
The regional spatial framework set by the RSS is worked up in greater
detail and applied through Local Development Documents (LDDs). The
RSS and the LDDs together form the development plan.
Local development framework (LDF) refers to a portfolio of Local Devel-
opment Documents that comprise the spatial planning strategy for a
local planning authoritys area, setting out the vision for an area and a
realistic implementation strategy. LDFs replace the previous system of
Local, Structure and Unitary Development Plans (UDPs).
Local planning authorities may also produce Supplementary Planning
Guidance (SPG) to support local policies.
Transitional arrangements enable existing Structure Plans and UDPs to
be retained for a period of up to three years (from September 2004).
Section 3
Special designations
and related controls
In recognitionof their special interest, qualities or role, government agencies and
local planning authorities (LPAs) have designated certain areas of countryside,
townscape, individual buildings or other features as being worthy of particular
protection. Many of these are subject to additional statutory controls and proce-
dures. This section lists the principal types of special designation.
National Parks
National Parks are designated by the Countryside Agency (formerly known as

the Countryside Commission) under the National Parks and Access to the Coun-
tryside Act 1949, subject to confirmation by the Secretary of State, and are the
highest form of landscape protection. The main statutory purposes of National
Parks include the conservation and enhancement of their natural beauty, wildlife
and cultural heritage. The relevant National Park authorities also have a statutory
duty to promote opportunities for public understanding and enjoyment of their
special qualities, and to foster the economic and social well-being of their local
communities. In the event of conflict between these different duties, priority is
given to conservation. In addition to influencing the consideration of planning
applications, especially for major developments, certain permitted development
rights are restricted in National Parks.
On 1 March 2005, the New Forest became the twelfth National Park in England
and Wales. It will be joined by the South Downs, which is currently in the process
of being designated.
The Government has proposed that the landscape, access and recreation ele-
ments of the Countryside Agency be combined with English Nature and the
environmental land management functions of the Rural Development Service
25
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to form a new integrated agency, to be known as Natural England. However, this

is unlikely to happen until 2007. (Refer to the DEFRA website for details: www.
defra.g0v.u k)
Areas of Outstanding Natural Beauty
Areas of Outstanding Natural Beauty (AONBs) are designated in much the same
way as National Parks, under the same legislation, and are in effect the next step
down in the national hierarchyof landscape protection.The main purpose of this
designation is the conservation of natural beauty and thus planning decisions
will favour this. However, regard must also be had to the needs of agriculture,
forestry and other uses, and to the economic and social well-being of the area.
However, unlike National Parks, the promotion of recreation is not an objective
of designation.
There are 41 AONBs in England and Wales (36 wholly in England, four wholly in
Wales and one that straddles the border). In total they cover about 18 per cent of
the countryside in England and Wales.
Permitted development rights are reduced in AONBs (see Section 5, Permitted

development, page 46).
Green Belts
Green Belts cover about 13 per cent of England (about the same as built-up areas)
and are established through development plans (old-style Structure Plans previ-
ously dealing with their general extent, with Local Pans defining the boundaries).
Many of Englands larger towns and cities are surrounded by Green Belt land. At
present, there are no Green Belts in Wales, which so far has operated a broadly
similar system of green barriers. However, a Green Belt is proposed for northeast
Wales in the Wales Spatial Plan issued by the Welsh Assembly Government in
November 2004.
Relevant guidance for England is set out in Planning PolicyGuidance2:Green Belts
(PPGZ) (1995).This explains that Green Belts have five purposes:
To check the unrestricted sprawl of large built-up areas.

To prevent neighbouring towns from merging into one another.
To assist in safeguarding the countryside from encroachment.
To preserve the setting and special character of historic towns.
Section 3: Special designations and related controls 27
To assist urban regeneration by encouraging the recycling of derelict and other

urban land.
It should be noted that Green Belts are entirely functional; their designation is not
a reflection of their landscape quality. An essential characteristic of Green Belts
is their openness. In the main, therefore, development within them is prohibited
- there is a presumption against so-called inappropriate development, which
should not be permitted except in very special circumstances. The courts have
held that when assessing this, the words very special must be given their ordinary
and natural meaning. The circumstances must be not merely special in the sense
of unusual or exceptional, but very special.
PPG2 advises that development will be inappropriateunless it is for certain defined

purposes.These include:
agriculture and forestry (unless permitted development rights have been with-
drawn)
essential facilities for sport and outdoor recreation, for cemeteries, and for other
uses of land which preserve the openness of the Green Belt and which do not
conflict with the purposes of including land in it
limited extension, alteration or replacement of existing dwellings
limited infilling in existing villages (either washed overor inset, that is, excluded
from the Green Belt) and limited affordable housing for local community needs
under development plan policies
limited infilling or redevelopment of major existing developed sites identified
in adopted Local Plans, which meet certain criteria
the reuse of buildings, in certain circumstances.
An important feature of Green Belts is their permanence, although their boundaries

may be reviewed periodically and altered in exceptional circumstances.
In July 2005, the Government issued a consultation paper on a proposed newTown
and Country Planning (Green Belt) Direction, as a demonstration of the continuing
importance it attaches to the protection of the openness of the Green Belt within
England.This would, the Government explains, for the first time specifically require
that planning applications for inappropriate development of certain types and
scale in the Green Belt which LPAs are minded to approve be referred to the First
Secretary of State so that he may consider whether to call in for a public inquiry and
his own determination the more significant and harmful development proposals
in the Green Belt.
Guidance on green barriers and Green Belts in Wales is set out in Planning Policy
Wales (2002).
Nature conservationsites
Essentially, nature conservation sites may be divided into those which are
statutory designations
Sites of Special Scientific Interest (SSSls)

Local Nature Reserves
and those that are non-statutory, such as nature reserves or sites of importancefor
nature conservationthat are established by a variety of private and public bodies
(including LPAs). All sites of national and international importance are SSSls and
are the responsibilityof EnglishNature, which must be consulted on any planning
application that would affect an SSSI.
Further information on the complex relationship between planning control and

nature conservationis given in Planning Policy Statement 9:Biodiversity and Geologi-
cal Conservation (August 2005) (PPS9, England only) and Technical Advice Note 5:
Nature Conservation and Planning (TANS, Wales).
This area of planning policy will also be affected by the Governments proposal
that the landscape, access and recreation elements of the Countryside Agency be
combined with English Nature and the environmental land managementfunctions
of the Rural Development Service to form a new integrated agency, to be known
as Natural England. However, this is unlikely to happen until 2007. (Refer to the
DEFRA website for details: www.defra.gov.uk)
Historicand archaeologicalinterests
In addition to normal planning controls, the Planning (Listed Buildings and Con-
servation Areas) Act 1990 provides special controls for the protection of certain
historic buildings and designated conservation areas.
Listed buildings
From time to time, buildings of special architectural or historic interest may be
listed (that is, added to a statutory list approved by the Secretary of State or
National Assembly).The effect of this is to require specific consent (listed building

consent) for any demolition, or for internal or external works that would affect
the special interest of a listed building. This is regardless of whether any physical
feature affected is mentioned in the list description, or whether any planning
permission is also necessary for the proposed works. The need for such consent
may also extend to buildings or other structuresattached to or within the curtilage
of a listed building (that is, the area of land associated with the building). There
are a number of tests as to whether an object or structure falls within a curtilage
for the purposes of listed building control and these are explained in Planning
Policy Guidance 15:Planning and the Historic Environment (PPG15). However, listed
building consent is not normally requiredfor repairs (althoughthese should always
be discussed with the LPA beforehand).
Listed buildings are graded according to their relative importance:
Grade I: buildings of exceptional interest (about 2 per cent).

Grade II*: more than average special interest, but not outstanding (about 4
per cent). Often these will have fine interiors or strong historical associations.
Grade II: buildings of special architectural or historic interest that warrant every
effort being made to preserve them (about 94 per cent).
The statutory list (and accompanying maps) may be inspected at LPA offices. The
National Monuments Record, the national public archive of English Heritage, pro-
vides a range of very helpful services, some of which are free (see Appendix A for
website). In Wales, the equivalent body is CADW (Welsh Historic Monuments).
Since 1 April 2005 English Heritage has been responsiblefor the administration of
the listing system within England. This is currently being reformed, with changes
likely to be made during the next few years to provide a formal consultation stage,
information packs for owners, revised principlesfor assessing buildingsfor listing
and a right of appeal. Visit the English Heritage website at www.english-heritage.
org.uk for further information.
Conservationareas
Conservation areas are designated by LPAs and are areas of special architectural
or historic interest, the character or appearance of which it is desirable to preserve
or enhance. Over 9000 conservation areas have been designated in accordance
with guidelines issued by the Government and English Heritage/CADW.The main
consideration is the quality and interest of the area rather than that of individual
buildings, although conservation areas will of course often include a high propor-
tion of listed buildings. Although there is no statutory requirement to do so, it is
normal practicefor planning authorities to consult residentsand others affected
before making a conservationarea. Increasingly,this is done as part of the process
of making the Local Development Plan (LDP).
Development within conservation areas is not ruled out. However, when consid-
ering applications within a conservation area, decision-makers have a statutory
duty to pay special attention to the desirability of preserving or enhancing the
areas character or appearance. The courts have held that this does not mean
that all developments must positively preserve or enhance, merely that the
character and appearance of a conservation area should not be harmed by the
proposed development.
Permitted development rights are reduced within conservationareas, and in some

cases they may be removed altogether by a so-called article 4 direction. There
are also special controls over trees and over the display of advertisements. In
addition, conservation area consent is required for most demolition works. We
say more about procedures within conservation areas in Section 5, Listedbuilding
and conservation area consent (page 55).
Scheduled monuments and areas of archaeological importance
The Ancient Monuments and Archaeological Areas Act 1979, as amended, deals
with controls over the carrying out of works to a scheduled monument and with
the designationof areas of archaeologicalimportance.Where developmentwould
damage or alter a scheduled monument, it is first necessary to apply to the Secre-
tary of State (EnglishHeritage)for Scheduled Monument Consent.The procedure
for this is similar to that for called-in planning applications, prompting a public
inquiry or hearing so that interested parties can express their views. Consent may
be granted, with or without conditions, or refused. A consent will lapse after five
years, unless the works have been carried out or started.
Areas of archaeological importance have been designated in certain historic cen-

tres (including, for example, Chester and York). However, relevant statutory powers
are intended to allow time for rescue archaeology, investigation and recording,
rather than preventing damage to archaeological interests.
Further information for England is set out in Planning Policy Guidance 16:Archaeol-
ogy and Planning (PPG16). In Wales, WO Circular 60/96: Planning and the Historic
Environment: Archaeology conta ins si mila r g uida nce.
Other heritage designations
Although not subject to any additional statutory controls, other heritage designa-
tions include:
World Heritage sites

Heritage Coasts
Historic Parks and Gardens
Historic Battlefields.
Further information on listed buildings, conservation areas and other heritage

assets is set out in PPG15 (for England) and in WO Circular6V96: Planning and the
Historic Environment:Historic Buildings and ConservationAreas (for Wales).
1 - SUMMARY - 1
You must be aware of the special controls and procedures that apply
to certain designated areas and buildings. The statutory controls vary
between designations, and watch out for differences between English
and Welsh guidance.
There is likely to be a reorganisation of agencies responsible for rural
development, with the possible creation in 2007 of Natural England - look
out for the changes.
Ensure that you are aware of the restrictions imposed by listed building
status, and understand the implications of conservation areas.
I
Section 4
Getting involved in
policy formulation
Grow your role!
Architect Michael Wildblood has said:
Theone area where architects excel over all others is in the conceptual design of
buildings and, whether we like it or not, the framework for translating these skills
into increased value for our clients is to 'grow' their role in the planning process.
I believe that ifarchitects could increase their skills in influencing the drawing
up ofdevelopmentplans,in relating their designs to the policies ofthese plans
and centralgovernmentadvice, and in being able to writeabout them as well
as draw them (design statements and public inquiry/written reps evidence),
we would be a more respected profession.
So, how can you 'grow your role' in the plan-making process?
The days are long gone when the first you heard that a land-use plan had even
been prepared was when the local authority published it, and announced that it
had been adopted. Over the years, planning authorities have experimented with
ways to involve everyone whose lives would be affected by a new plan and let them
have their say in its preparation.Thus, the involvement of individuals,communities
and the whole gamut of interest groups - including industry and commerce - has
been developed and written into successive government land-use plan-making
legislation. Today, no one can truthfully say that there has been no opportunity
in the development policy and plan-making process when their views could be
expressed and be taken into account.
An important feature of the new plan-making regime is that it offers strength-

ened opportunities for what the Government calls 'community and stakeholder
33
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involvement. This is now to be front-loaded, meaning that more active involve-

ment will be possible much earlier in the plan-preparation process to influence
the content of an emerging plan and, in particular, to put forward sites for consid-
eration for development. In addition, during the three-year transitional period for
transferring tothe new system, opportunities will remain to influence emerging
old-style development plans, prior to their completion and adoption.
The Governments objectives for increased public participation are set out in i t 5
paper Community involvement in Planning, published by the Office of the Deputy
Prime Minister (ODPM) in February 2004 (Annex A of the paper contains a useful
summary of the opportunities).
Key involvement stages in plan-making
Constant change is the steady state.This is true for many development plans and
the policies embedded in them, be they a t national, regional or local level. New
plans and guidance are drawn up at the same time that othersare being reviewed
and updated. Goalposts are moved. So, in your clients interests as well as your
own, you should not only keep vigilant but also be proactive.
If any of your clients has not already commissioneda planning consultant to look
after their property interests (and this is a specialist job), then as soon as the first
draft proposals or preferredoptions of any DevelopmentPlan Document (DPD)are
published, it is vital that you study them carefully to check whether their land-use
planning interests are affected. You might find that it is proposed to change the
use of land currently earmarked for one form of development to another, far less
acceptable to your client. For example, when reviewing existing plans, in recent
years many planning authorities have sought to removecertain existing greenfield
allocations or sites that do not perform well in sustainability terms. You may also
discover that it is proposed to change or tighten up more general policies which,
although not site-specific, might indirectly not be in the best interests of either
yourself, as a practitioner, or your current or prospective clients.
You may, of course, wish to influencethe contents of an emerging plan to actively
promote a particular development, or to secure more favourable policies or cir-
cumstances in advance of any application for permission.
Traditionally the process of plan-making, a t whatever level, has been long and
drawn out. It has often extended over several years (up to seven or eight is not
Section 4: Getting involved in policy formulation 35
uncommon), with lengthy intervals between successive stages. But while anyone
wishing to get involved must be prepared for a long haul, the new regime - with
its emphasis on speedier plan preparation - should make active participation in
the process easier to sustain.
National and regional level
There are a number of opportunities for feeding in ideas and making your views
known when change is in the air. At national level, you can promote your ideas by
responding constructively to consultation papers and draft guidance, including
emerging replacement Planning Policy Statements. These are published on the
ODPM and National Assembly for Wales websites and are normally accompanied
by a press release highlighting the key changes. Usually, a period of a t least 12
weeks is given for public comment.
At regional level, you can do the same by commenting on a draft revised Regional
Spatial Strategy (RSS). The main stages a t which you can do this are:
the project plan, which will include the objectives of the revision, the areas to
be covered and the timetable for preparing the RSS
the draft strategic options and policies, and subsequent submission of the draft
revision to the Secretary of State
its public scrutiny at the Examination in Public (EiP) before an independent panel
the Secretary of States proposedchanges to the draft revisionfollowing receipt
of the report of the EiP panel.
Figure 4.1 (page 36) summarises the key stages in the RSS review process.
However, it will normally be local level, where key decisions are made on the
distribution of new development, the formulation of generic policies and the
allocation of specific sites, that architects will probably most want to get involved
in the plan-making process.
Local level
The starting point is to check the planning authoritys Local Development Scheme
(LDS) as this will tell you when you can expect opportunities to get involved in
the plan-making process.The LDS is a three-year programme that each planning
authority is required to submit to the Secretary of State for approval, setting out
the authoritys intentions for preparing its local development framework (LDF).
F I G U R E 4.1 : Main stages in the RSS Revision Process (shaded boxes denote
opportunities for public involvement)
Stage 1
Identification of issues for revision and preparation of a draft Project Plan and
Statement of Public Participation (up to 4 months)
Stage 2
Preparation of initital strategic options and policies, assessment of impacts and
development of draft RSS revision, involving public (up to 12 months)
Stage 3
Publication of draft RSS and SustainabilityAppraisal for formal consultation,
following submission to Secretary of State (SOS) (up to 3% months)
Stage 4
Testing of the submitted draft RSS revision at examination-in-public before
independent panel appointed by SOS, following analysis of representations
received (5-6% months)
Stage 5
Publication of panel report to SOS (2-3 months)
Stage 6
Publication of changes proposed by SOS and subsequent consultation
(up to 6 months)
Stage 7
Final RSS approved and issued by SOS (c. 2%-3 years from start of process)
Source: adapted from Plonning Policy Stoternent J J:RegionalSpotialSrroregies, ODPM, 2004.

The LDS will give you the details of each of the Local Development Documents
(LDDs)to be produced, their order of priority, and the timescales and arrangements
for their production. It will also tell you the planning authoritys planning policies
for a particular place or issue, and the status of those policies. The LDS is not
subject to independent examination or public consultation. Each local authority is
required to publish its LDS on its website. In addition, the ODPM website includes
a spreadsheet summarising those LDSs it has received.
When an LDF is being produced, planning authorities must also publish a State-
ment of Community Involvement (SCI), explaining to local communities and
stakeholders how they will be involved in the preparation of LDDs and the steps
that authorities will take to facilitate this. The draft SCI will itself be subject to
public consultation.
So, acquisition of these two sets of documents will enable you establish exactly
what plans an authority has in store and how you can set about trying to influence
their contents.
There are four main stages in preparing a DPD:
pre-production
production
examination
adoption.
Pre-production stage
At this stage, the main activities are carrying out survey work and gathering evi-
dence, resulting in a decision to include a DPD in the LDS.The intention is for the
authority to come to a thorough understanding of current and future local issues
and needs, based on material collected by relevant organisations, community
interest groups and i t s own original research.
Production stage
This is the stage when you can perhaps expect to have the greatest influence. It
involves a number of linked steps, including the formulation of preferred options
following continuous community involvement, formal participation on these
options, and the preparation and submission of the DPD to the Secretary of State
in the light of the representationson the preferred options.
Formal consultation on the preferred options will be similar to the pre-deposit

stage for old-style development plans, will extend over a period of six weeks and
be carried out in accordance with the SCI, if this is in place, or else the Town and
Country Planning (Local Development)(England)Regulations 2004. But while the
planning authority is required to consider all the comments made, and to have
regard to them in the preparation of the LDD for submission, representations made
a t this stage will not be subject to independent examination. At the same time as
the planning authority publishes its preferred options, it will also issue a formal
Sustainability Appraisal (SA) report, which is also subject to public participation.
The purpose of the report is to appraise the social, environmental and economic
effects of the preferred strategies, to ensure that these accord with the principles
of sustainable development.
The next step is the submission of the draft DPD to the Secretary of State for
independent public examination, together with a final SA, including a Strategic
Environmental Assessment (SEA) required by European Directive 2001/42/EC (for
further information, see Sustainability Appraisal of Regional Spatial Strategies and
Local Development Frameworks - consultation draft, ODPM, September 2004 and
A Practical Guide to the SEA Directive, ODPM, September 2005). The submitted
documents will take into account any changes made following consultation on
the preferred options. When this happens, there is a further six-week period for
making representations and this equates to the statutory deposit stage for the
preparation of old-style development plans.
If you are seeking to make a significant change to the emerging LDD, such as
arguing for additional or alternative sites to be included, or for the boundary of a
site identified in the submitted document to be modified in some way, it is vital
that you do so a t this stage. It is also crucial that your representationsare lodged
before the specified deadline, as only representationsthat are 'duly made' will be
considered during the examination. Planning authorities invariably use a standard
form for representations, although increasingly many also accept the submission
of representationsonline.
When seeking a change, you should be as specific as possible about what it is

that you would like to see, and identify clearly on an extract from the submitted
proposals map the precise change, such as any new site and its proposed use. If you
are promoting alternative sites, you will also need to indicate how the submitted
Section 4:Getting involved in policy formulation 39
LDD is unsound and how the SA process has been or is to be carried out before
the site is considered at the independent examination.
It is also possible that you might wish to support some aspect of the emerging
LDD. Although such representationswill be taken into account in the production
process, they will not be carried forward to the examination stage.
Detailed guidance on making representations on submitted DPDs is set out at

Annex C of Planning Policy Statement 12:Local Development Frameworks (PPSl2).
Examination
Only those representations seeking changes (or in other words, objecting to)
the emerging LDD will be considered at the examination. Unlike the old system,
planning authorities will no longer publish pre-examinationchanges, other than in
exceptional circumstances. An independent inspector appointed by the Secretary
of State will conduct the examination, whose purpose will be to consider whether
the LDD is sound when judged against certain tests set out in PPSl2 (see para-
graph 4.24 of PPS12). These include ensuring conformity with national planning
policy, the RSS and procedural requirements for its preparation. The Government
expects that the majority of representationswill be considered by way of written
representationsand points out that these will carry equal weight to those heard
by the inspector. Where an objector has exercised their right to an oral hearing,
this may take the form of a round table discussion or be examined at either an
informal or a formal session.
Adoption and the binding inspectors report
After the examination, the inspector will produce a report that is binding upon the
planningauthority.Thisdiffers from the procedureunder the old system, where the
inspector was only able to makea set of recommendationsand the planningauthor-
ity was not obliged to accept them (although unless it had good reason not to do so,
it invariablydid).The inspectors report will explain how the DPD and the proposals
map must be changed, or identify matters that require further consideration.
Unless the Secretary of State intervenes, the planning authority must adopt the
submitted development plan as changed by the inspectors binding report.
Figure4.2 (page40) shows the main stages in the preparation of a Local Develop-
ment Document.
Negotiating the Planning Maze
I . I
Supplementary Planning Documents
Supplementary Planning Documents (SPDs) will replace Supplementary Planning

Guidance (SPG) produced previously by planning authorities. While not having
development plan status, they will be used to expand policy or provide further
detail to policies in DPDs. The process for their preparationis similar to that for a DPD.
However, while they will be informed by extensive community involvement and an
SA, there is no independent examination stage to test that they are sound.
Transitional arrangements
All existing adopted Local Plans, Unitary Development Plans (UDPs) and relevant
Structure Plan policies have been saved for three years from the commencement
of the new plan-making regime in September 2004. However, in i t s LDS, each
planning authority must indicate whether, in moving towards the new system of
a framework of LDDs, the saved policies are to be replaced, deleted or 'merged',
and when and how this is to be done.
The Government has made clear that it expects planning authorities to move
forward with the new plan-making system as quickly as is practicable to do so.
Where a Structure Plan is a t the stage of being altered or replaced and has reached
public deposit stage by commencement of the relevant provisions of the 2004
Act, preparation may continue to adoption. However, the government advice in
Planning Policy Statement 71: Regional Spatial Strategies (PPS11) is that it may not
be sensible to progress a draft Structure Plan beyond statutory deposit stage,
particularly where strategic planning expertise in county planning teams would
be more effectively employed on sub-regional elements of the RSS.
But, where an emerging Local Plan has already reached its statutory deposit stage,
the plan must be completed. The remaining procedure varies depending on
whether an inspector has been appointed to hold a local inquiry into objections.
Where this is the case, the plan should continue under the old rules.The inspector
will consider all representationson unresolvedobjections, whether they are made
in writing or orally at the public inquiry, and prepare a report, setting out his or her
recommendations.Theplanning authority will then publish its proposed modifica-
tions and these will be subject to a further round of public consultation, although
this will be limited to the modificationsthemselves. Once adopted, the new policies
will be saved for three years. Where no inspector has yet been appointed but the
F I c U R E 4 . 3 : Stages in preparing an old-style development plan (shaded boxes

denote opportunities for involvement)
Note: under transitional arrangements only plans that have reached the deposit stage
can be progressed and, in certain circumstances,the modification stage will be omitted.
The original process is shown in its entirety for reference purposes only.
............................................
Public consultation on issues or draft proposals
Pre-deposit
consultation
f
----------
I Objectionsand representations
................................
Publication
First
of deposit ity considers
deposit
draft plan objections
I
--------------
Second
revised deposit and repre- ity considers
deposit
sentations objections
------------------ ........................
Planning authority
Objections and
Modification considers report and modificationson
representations
recommendedmodifications
Planning authority considers

objections and further modifications
Statement of decisions
on modifications
................................ - - --
-t-- - --
Adoption I Plan adopted
* In case of Structure Plans and Welsh UDPs, there is a single deposit stage only.
emerging plan has reached the first statutory deposit stage, the emerging plan
must be completed under the old rules, but the inspector's report will be binding
and there will be no modifications stage. Otherwise, the procedure is the same.
If you have not already made representationson an emerging old-style plan, the
opportunities to do so may be limited according to the stage of its preparation.
Nevertheless, we have included a simple diagram outlining the key stages in the
overall preparation of an old-style development plan (Figure4.3, page 42).
Communitystrategies
The Local Government Act 2000 introduced the concept of 'community strategies'
(CSs) as a way o f
promoting or improving the economic, social and environmental wellbeing

of their areas, and contributing to the achievement of sustainable develop-
ment in the UK.
The duty was placed on 'principal' local authorities to each prepare its own strategy,
although this may be passed to Local Strategic Partnerships,which include local
authority representatives.Through the CS, authoritiesare expected to co-ordinate
the actions of local public, private, voluntary and community sectors.
Here surely is another great opportunity for members of the architectural profes-
sion to get themselves positively involved in 'growing their role'?A direct approach
to your local authority to find out more on the current state of play in developing
their Community Partnership should show you just how you could find a slot in
which to get a slice of the action.
For further information, see Preparing Community Strategies: Government Guidance
to Local Authorities, December 2000, published on the ODPM website.
SUMMARY
There are many opportunitiesfor you, as an architect, to become involved

in influencing planning policy - at national, regional and local levels.
At a national level, be prepared to respond to government consultation
and draft guidance documents - check the ODPM and Welsh Assembly.
There are many opportunitiesfor you, as an architect, to become involved
in influencing planning policy - at national, regional and local levels.
At a national level, be prepared to respond to government consultation
and draft guidance documents - check the ODPM and Welsh Assembly
Government websites regularly for new documents.
At a regional level, comment on drafts of the Regional Spatial Strategy
(RSS).
The local development framework (LDF) and Local Development Docu-
ments (LDDs) offer the greatest opportunities for influencing planning
policy, so check your planning authoritys Local Development Scheme
(LDS) to identify where you can get involved in the plan-making process.
You should be prepared to review drafts of DPDs to check whether your
clients land-use interests are affected. Be prepared to actively support
proposals as well as object to those not in your clientsinterests, or to put
forward new proposals.
Community Strategies (CSs) offer another opportunity for you to grow
your role.
Section 5
Applications for
I
planning permission
or other consent
As an architect, your day-to-day dealings with planningauthorities will most likely
mean the submission of applications and trying to secure permission for your
proposals. It i s therefore vital that you understand the processes and the people
involved, and where to look for extra guidance.
Is permission necessary?
Definitionof development
When considering whether permission is required, it is perhaps helpful to under-

stand the legal definition of development. Section 55 of the Town and Country
Planning Act 1990 (hereafter referred to as the 1990 Act) defines development
for which planning permission is required as:
the carrying out of building, engineering, mining or other operations in, on,
over or under land, or the making of any material change in the use of any
buildings or other land.
The definition essentially has two parts:
operational development
changes of use.
For the purposes of the 1990 Act, operational development includes:
0 demolition of buildings
rebuilding
structural alterations of or additions to buildings
45
'other operations normally undertaken by a person carrying on business as a

buiIde r'.
Or, as the courts have put it: 'activities which result in some physical alteration to
the land, which has some degree of permanence'.The definition of development
does not extend to plant or machinery.
A change of use will not involve any physical change in the land. For it to be
considered 'material' depends largely on a subjective judgment and is mainly,
in the legal jargon, 'a matter of fact and degree'. Generally speaking, this will be
where the new use is substantially different from the existing use, or where there
has been an intensificationof an existing use of such a scale that its character has
changed significantly.
Section 55 of the 1990 Act excludes certain operationsand uses from the definition.
These include:
maintenance, improvement or alteration works which are either internal or do

not 'materially affect' its external appearance
the use of any buildings or other land within the curtilage of a dwellinghouse
for any purpose incidental to the enjoyment of the dwellinghouse
the use of any land, or buildings on that land, for the purposes of agriculture or
forestry.
In addition, various minor matters, classes of development and certain changes of
use are exempted from the general need for permission, either because they are
deemed not to be development for the purposes of planning control or because
permission is automatically granted by a development order or other instrument.
Permitted development
So-called 'permitted development' rights are set out in the Town and Country
Planning (GeneralPermitted Development)Order 1995 (GPDO),as amended, and
these are explained in DoECircular 9/95: General Development Order Consolidation.
The effect of the GPDO is to permit, in certain circumstances, a wide range of
carefully defined, relativelysmall-scale and normally uncontentiousdevelopments,
including, for example, small house extensions and alterations, porches, garden
sheds, hard surfaces, swimming pools, means of enclosure, and so forth.The GPDO
also permits certain changes of use, temporary buildings and uses, caravan sites,
Section 5: Applications for planning permission or other consent 47
agricultural buildings and operations, industrial and warehouse development,

and other minor operations. At Appendix B, we have listed the main categories of
permitted development. For an online 'interactive' guide to permitted develop-
ment, visit www.planning-applications.co.uk
In certain areas, permitted development rights are more restricted. For example,
within a conservationarea, a National Park, an Area of Outstanding Natural Beauty
(AONB) or the Norfolk and Suffolk Broads, planning permission is required for
certain types of development that would not otherwise require it. Moreover, local
authorities are able to remove permitted development rights by issuing an 'article
4 direction', typically within a conservation area. Certain permitted development
rights can also be withdrawn by conditions on a planning permission.In addition,
permitted development rights may not apply where a proposed development
is caught by regulations dealing with the conservation of natural habitats or
environmental assessment.
The Government is committed to reviewing permitted development rights. In Sep-

tember 2003, the Office of the Deputy Prime Minister (ODPM)published a review of
such rights carried out by consultants and this included a set of recommendations
to make the current GPDO simpler and easier to understand. In January 2005, the
ODPM established a Householder Development Consents Review to examine
the current requirements of the regulatory regimes for minor developments by
householders, such as house extensions, fencing, ancillary buildings, tree felling
and pruning. However, it may be some time before the results of this review are
known (check the ODPM website for progress).
The Town and Country (Use Classes) Order 1987, as amended, also provides that
changes of use within broad classes are exempt from planning control. A number
of changes to this order came into force in April 2005, and these are explained in
ODPM Circular 03/2005: Changes of Use of Buildings and Land. A simple summary
of the revised classes of use may be found at Appendix C.
Local Development Orders and Simplified Planning Zones
The Planning and Compulsory Purchase Act 2004 enables planning authorities
to extend permitted development rights by making a Local Development Order
(LDO). In effect, an LDO would grant permission for the type of development
specified in the order, or for any class of development, thereby removing the
need for the developer to apply to the planning authority. The LDO can relate to
the whole of a planning authoritys area, or just to part of it - such as to a specific
site. However, the LDO must be tied in to a policy in one or more Local Develop-
ment Documents (LDDs). As we go to press, the Government is still considering
how the discretionary powers for planning authoritiesto make LDOs should work
in practice (see Changes to the Development Control System: second consultation
paper, ODPM, March 2005). Potentially, of course, such an order may stimulate
development in areas requiring regenerationand help make the planning system
quicker and more efficient. In addition, Simplified Planning Zones already exist
in some parts of the country. These allow certain types of development to take
place without specific planning permission, provided a number of conditions are
met.Theyare retained under the new planning system, although the way in which
they are made will be changed.
Assessing the need for permission
The whole issue of what constitutes development and requires permission is

somewhat complicated and is subject to extensivequalificationsand restrictions.
Inevitably, there is scope for wide-ranging differences in interpretation, and clari-
fication of certain aspects has therefore frequently fallen to the courts. In cases
where the position is unclear, it is therefore prudent to discuss the matter with the
local planning authority (LPA) and obtain an informal written opinion. A cautious
approach is often the best course of action. Where it is thought that something
under consideration might give rise to an objection, assume the
El
See also:
Cerrificares worst; it is likely that the LPA will argue that permission is required.
of Lawfulness,
page 57 In appropriate circumstances, a formal application may also be made
for a certificate of lawfulnessfor the proposed development.
When considering the need for permission, it is important to check the planning
history of the site. Practices at LPAs vary, so it is best to telephone to establish
whether prior notice of any visit and personal search is required (some authorities
may require up to 48 hours notice). The better equipped are able to produce a
computer print-out, detailing previous planning applications. Others may rely on
a card index system or a plotting sheet. In many cases, it might be necessary to
inspect historical application files themselves, and this is generally permissible
under freedom of information legislation. Such files might be held on microfiche,
CD-rom, or in archive storageand these will need to be retrieved. Local authorities
often charge for such a service and for providing copies of background papers.
However, if there is a copy of the officers report to committee on any history file
this will usually summarise relevant issues and short-cut the need for a full review
of all the background papers.
Some planning permissions contain a condition withdrawing certain permitted
development rights, thus expressly requiring permission for a particular devel-
opment. The most common are conditions restricting various changes of use
(typically those within use class Groups A and B, which relate to shops, financial
services, food and drink, and business uses), or which prevent extensions and/or
the insertion of windows (especially in the case of small dwellings and barn conver-
sions).Other conditions might have been imposed to provide that any permission
applies only to a named person and therefore does not run with
the land (this is known as a personal permission).If such limitations
have been revealed, it might be necessary to check whether these
page 86
have been repeated in any planning agreements entered into with
the council.
Irrespectiveof whether planning permission is required, it might be necessary to

obtain other special consents (the most common examples are explained later).
In addition, do not forget that building regulations approval will normally be
required, but this is dealt with under separate legislation.
Who can apply?
Anyone can apply for planning permission on any land provided the application
is accompanied by the relevant ownership certificate. This will confirm that the
applicant is the owner, or that notice has been served on the owner (where the
name and address is known to the applicant) or, in other cases, that certain steps
have been taken to ascertain the name and address of any owner, including placing
an advertisement in a local newspaper.
Who processes planning applications?
Most planning applications are processed by district or unitary authorities, or by

the relevant National Park authority.The former include London borough councils,
metropolitan and non-metropolitan councils and, in Wales, county or county bor-
ough councils. However, outside unitary authorities, certain applications (mainly
involving minerals and waste disposal) are dealt with by county councils.
In addition, there may be special arrangements for dealing with applications in

Enterprise Zones, Housing Action Trust areas, and urban development areas.
In certain circumstances, the Secretary of State (or the National Assembly for Wales)
may intervene and call in an application for decision, although this happens in
only a few, generally high-profile, cases involving issues of national or regional
importance. The most common examples relate to controversial developments
in the Green Belt, wind farms, major housing schemes on greenfield sites, certain
proposals affecting listed buildings and large out-of-centre shopping schemes.
Applications are considered by planning officers (also called development control
officers). Most are chartered town plannersor chartered surveyors (planningand
development division). Many are also architects or hold qualifications in urban
design. The person who is allocated a particular application is usually referred to
as the case officer.
Planning officers may determine certain types of application themselves, especially

for non-contentious householder or other minor developments, under so-called
delegated powers (these are clearly defined executive powers given by the
councillors to their officers). More complex or controversial applications, such as
those involving major developments, significant policy issues, listed buildings or
objections from third parties, and so forth are usually decided by a committee
of elected members (normally known as the planning and/or development com-
mittee, board or panel).
Main types of application
As architects, the main types of planning application that you are likely to come
across relate to:
outline permission
reserved matters approval
full permission
retrospective permissionfor the retention of development already carried out
removal or variation of conditions attached to a permission.
Other applications, stemming mainly from special controls, might also be encoun-
tered, including those for:
listed building consent
conservation area consent
Section 5:Applications for planning permission or other consent 51
advertisement regulations consent

Tree Preservation Order consent
hedgerow regulations consent
Certificatesof Lawfulness ('lawful development certificates').
Outline permission
The main purpose of an outline application is to determine whether the general

principle of a proposeddevelopment is acceptable, especially where a major devel-
opment proposal is envisaged. It is, however, possible at this stage to seek specific
approval of a detailed planning matter, or for this to be reserved as a matter for
subsequent approval. Currently, the 'reserved matters' are defined as:
siting
design
external appearance
means of access
landscaping of the site.
However, the Government proposes that these be replaced by broader concepts of:
layout
scale
appearance
access
landscaping.
So, for example, access would include accessibilityfor all to and within the site, such
as for cyclists or the disabled, as well as the relationship of such access arrange-
ments to the surrounding movement network. Layout would include buildings,
routes and open spaces within the development and their relationshipto buildings
and spaces outside the development.
Normally, an outline application would require minimal drawing work and finan-
cial outlay for the client. Hitherto, it has often consisted of little more than a site.
'edged-red'on an Ordnance Survey map extract and a descriptionofthe proposed
development. Such an application is invariably supported by an indicative layout,
showing how the site could be developed, particularlywhere permission is sought
for a specified number of units or where there is doubt over whether a site could
accommodate a particular proposal in a satisfactory manner.
Unless approval is sought at this stage for the means of access or siting of buildings,
it is essential that any indicative layout be marked for illustrative purposes only,
or that any submitted details are otherwise indicated as not formally forming
part of the application. Otherwise, planning authorities must consider these and
determine the application accordingly; the authority cannot reserve that matter
by condition for subsequent approval. But, where necessary, within one month
of the receipt of an outline application, the planning authority is able to require
the submission of further details if it feels that the application ought not to be
considered separately from all or any of the reserved matters.
Red-lining
As part of its proposed changes to the development control system, the Govern-
ment has decided that the practice of red-lining outline applications with little
supporting detail is no longer acceptable. It therefore proposes that all outline
applications be accompanied by information on:
use
quantum of development (how much development is proposed)
indicative layout
scale parameters
indicative access points
and also
a list of the reserved matters
a Design and Access Statement, explaining the design principles with regard
to the proposals response to context, quantum, use, layout, scale, appearance,
landscaping and approach to access considerations.
Guidance on the information required and preparation of Design and Access

Statements is set out in the ODPM publication: Changes to the Development Con-
trol System: second consultation paper (March 2005). The new requirements are
expected to come into force during 2006.
Acceptability of outline permissions, their renewal and conditions
Outline applications are not normally acceptable in sensitive locations, such as con-
servation areas, the settings of listed buildings or in Green Belts, unless extensive
illustrative material is submitted, including details of elevational treatment and
the relationship of the new buildings to their surroundings. Outline applications

can also not be used for changes of use.
Outline permissions are granted subject to various conditions, including those

specifying time limits and requiring the subsequent approval of reserved mat-
ters. Under the 2004 Act, the overall time limit of five years has disappeared. But
applicationsfor the approval of reserved matters must still be made within three
years and the development begun within two years from their final approval.These
default periods are deemed to apply even if not stated on the notice of permis-
sion, although LPAs are able to specify longer or shorter time limits in appropriate
circumstances and may subsequently extend these following an application to
renew the permission.However, while the ability of planning authorities to extend
the relevant time limits by varying the relevant condition has been abolished under
the 2004 Act, this will not come into force until August 2006.
Relevant regulations provide that it is possibleto apply to renew an extant (that is,
an existing)outline permission simply, before it lapses, by means of a letter giving
sufficient information to enable the authority to identify the previous permission.
In our experience, however, many LPAs still insist on such applications being made
in the usual way.
As a general rule, such applications should be refused only where:
there has been some material change in planning circumstances since the
original permission was granted (for example, a change in some relevant plan-
ning policy for the area, changes to relevant highway considerations, or the
publication by the Government of new planning policy guidance material to
the renewal application)
there is continued failure to begin the development, which contributesto uncer-
tainty about the future pattern of development in the area
the application is premature because the permission still has a reasonabletime
to run.
It should be noted that when seeking to renew an outline permission before i t s

expiry, the courts have held that local authorities are entitled to reconsider the
principle of the proposed development. They are also able to impose new condi-
tions, not previously attached to the original permission.
The general principle is that conditions should be applied a t the outline stage in
the process, and that the only conditions that can be imposed when the reserved
matters are approved are conditions that directly relate to those matters.
Reserved matters
The details of the reserved matters may be submitted for approval separately or
together, or for different parts of the site. A reserved matters application must be
made within the time limits and come within the scope of the outline permission;
it is therefore not possible, for example, to materially increase the size of the site
or depart substantially from the terms.
When considering an application for the approval of reserved matters, planning

authorities are restricted to considering the relevant details and may not revisit
the principle of the development or apply any condition that could have been
reasonably foreseen at the outline stage. A good example of an acceptable condi-
tion imposed on a reserved matters approval is one that seeks to withdraw certain
permitted development rights.
Full permission
An application for full permission requires detailed drawings to illustrate the

proposed development. Clearly, both the principle of the development and the
submitted details will be considered by the planning authority and further infor-
mation or amendments sought as necessary. Where there is an existing outline
permission, there is usually no merit in applying for full permission instead of
seeking the approval of reserved matters, unless the proposeddevelopment fails
to fall within the terms of the original permission.
Such applications are generally required in the case of proposed development

within conservation areas and the setting of listed buildings; and often also for
certain proposals in sensitive areas where their visual impact needs to be assessed.
In addition, full permission is required for householder developments, such as
garages and extensions, and for changes of use and conversions, unless these are
classed as permitted development.
The 2004 Act has reduced the maximum life of a full planning permission from
five years to three years.The planning permissionwill lapse if development is not
commenced within this period. However, local planning authorities are able to
vary the time limits in appropriate circumstances, such as granting permissionfor
a temporary period only, particularly in the case of certain changes of use where
Section 5: Applications for planning permission or other consenf ss
a trial run may be considered desirable in order to assess long-term impacts.
Retrospective applications
Where development has been carried out without the necessary permission, or in
contravention of a condition of any permission (includingthose limiting the dura-
tion of a permission),Section 73A of the 1990 Act makes it possible to regularise
such unauthoriseddevelopment by way of a retrospectiveapplication to the LPA,
and this will be assessed in the normal way.
Removal or variation of conditions
Application may also be made under Section 73 of the 1990 Act to develop land
without complying with certain conditions attached to a previous permission. In
effect, this allows for the variation or removal of planning conditions. In order to
do this, the permissionmust still be alive; otherwise a fresh application is required.
In assessing such an application, the local authority is required to consider only the
conditions subject to which planning permission should be granted and, irrespec-
tive of the outcome, the original permission remains unaltered.
The relevant regulations provide that applications under Section 73 may be made
by letter only, although the LPA is able to require the submission of further informa-
tion, including drawings, if considered necessary.
Listed building and conservation area consent
As explained in Section 3, listed building consent is required for
0
Seealso:
works involving the demolition of all or part of a listed building ~-$!,,
and for both external and internal alterations and/or extensions page28
that would affect its character. In many instances, these works will
involve development requiring planning permission. Thus an application for
listed building consent will often duplicate a planning application and normally
be submitted a t the same time to enable development and conservation issues
to be considered together.
Conservation area consent is required in certain circumstances, such as where the

demolition of a non-listed building within a conservation area is proposed.
No fee is payable to the LPA for applications for listed building or conservation
area consent, and they are processed in essentially the same way as planning
applications.
Further information is set out in The Planning (Listed Buildings and Conservation
Areas) Regulations 1990, Planning Policy Guidance 75: Planning and the Historic
Environment (PPG15), issued in 1994, and in Wales in WO Circular 61/96: Planning
and the Historic Environment: Historic Buildings and ConservationAreas.
Advertisement regulations consent
The control of advertisementsforms part of the planning system and is quite com-
plex, especially with regardto those advertisementsthat are excluded from control
and those falling within specified classes that benefit from deemed consent. These
do not require the express consent of the planning authority, provided certain
conditions are met. Because of the difficulties of applying the relevant regulations
(the Town and Country Planning (Control of Advertisements) Regulations),many
planning authorities have a particular officer to deal with advertisement applica-
tions; similarly, the Planning Inspectorate has a specialist team of inspectors to
handle any subsequent appeals.
Unless you are satisfiedthat the need for consent is clear, it would be prudent to dis-
cuss this with the local authority. Generally, consent is required for the following:
most illuminated signs

nearly all poster hoardings
fascia signs and projecting signs on shop-fronts or business premises where the
top edge of the sign is more than 4.6 metres above ground level
most advertisements on gable-ends.
The procedure for applying for advertisement regulations consent is more or less
the same as that for a planning application, although a special form must be
completed. The LPAs consideration of its merits is restricted to two issues:
amenity
public safety.
Should consent be refused, there is a right of appeal to the Planning Inspectorate.

Because of the considerablecomplexityof the advertisement control regime, some
planning consultants specialise in this area of work. You would therefore be well
advised to seek their services, should you become involved in such matters.
In England, further advice is set out in Planning Policy Guidance 19: OutdoorAdver-
tisement Control(PPG19, March 1992)and in Wales, TechnicalAdviceNote7:Outdoor
Advertisement Control (TAN7,1996). In addition, an official explanatory booklet enti-

tled Outdoor Advertisements andsigns - A Guide for Advertisers can be downloaded
from the ODPM website or may be obtained free of charge from the LPA.
Certificates of Lawfulness
Sections 191 and 192 of the 1990 Act provide that anyone (notjust a person with a
legal interest in the land) may apply to the LPA for a Certificateof Lawfulness, more
commonly known as a lawful development certificate (LDC).Such a certificate is
a legal document that confirms that the following is lawful:
an existing operation on, or use of land, or some activity being carried out in
breach of a planning condition; or
a proposed operation on or use of land.
The former is referred to as a certificate of lawfulness of existing use or develop-

ment (CLEUD)while the latter is known as a certificate of lawfulnessof proposed
use or development (CLOPUD).
Annex 8 of DOE Circular 10/97:Enforcing Planning Control:Legislative Provisions and

Procedural Requirements explained that development or other activity on land is
lawful for planning purposes if it falls within one of the following categories and
is not in breach of a planning condition or limitation:
It does not fall within the definition of development.

It is specifically excluded from the definition of development (such as the use
of land for agriculture).
It falls within the definition of development but is exempted from the need to
apply for permission.
It benefits from an existing planning permission.
It is permitted development.
It benefits from deemed planning permission by virtue of compliance with the
requirements of an effective enforcement notice.
It took place before 1 July 1948.
It is development by or on behalf of the Crown. (However, under the 2004 Act
the Crowns immunity from the normal planning process will end, although this
is unlikely to happen until about April 2006.)
The time for taking enforcement action has expired.
As far as the last point is concerned, the time limits are four years in the case of
operational development and for any change of use to a single dwellinghouse,
and ten years for all other changes of use.
The effect of the grant of a CLEUD is to make the specified development immune
from enforcement action, provided that it is not already in breach of an existing
enforcement notice. Essentially, a CLEUD is equivalent to the grant of permission.
It will be precisely defined by the planning authority, with specific reference to
the area of land to which the certificate relates, and will be conclusive.
Applications for CLEUDS are considered solely on the weight of the supporting
documentary evidence, applying the test of the balance of probability. Basically,
this means that it is more likely than not that the claim is true, and is less strict
than the criminal test of beyond reasonable doubt. The planning merits of the
development are therefore not relevant to the LPAs consideration. As the onus of
proof is firmly on the applicant and only legal issues are involved, solicitors often
handle such applications, or at least have a hand in the preparation of evidence.
That evidence might include, for example:
affidavits
statutory declarations
accounts
rating records
receipts
vehicle registration documents
utilities bills.
As the planning authority is not able to impose any conditions when granting an
LDC, a CLEUD is likely to be of greater benefit to an applicant than the possible
alternative of retrospective permission. However, the planning authority is able
to issue a certificate of a different description from that applied for, in order to
define precisely and unambiguously what has been substantiated by the submit-
ted evidence.
The effect of a CLOPUD is not the equivalent of a grant of permission for a proposed
development. Rather, unless there has been some material change in circum-
stances since the application date specified in the certificate, it would be lawful
to proceed with the proposed development. Such a change might include, for
example, the curtailment of permitted development rights through an article 4

direction or the designation of a conservation area.
There is a right of appeal to the Planning Inspectorateagainst a planningauthority's

refusal to grant an LDC.
Trees and hedgerows
Trees and hedgerows can be protected in several ways and thus consent may be
required for their felling, lopping or for other surgical works.
Section 198 oftheTown and Country Planning Act 1990enableslocal authorities to

make a Tree PreservationOrder (TPO) in respect of individual trees, groups of trees
or areas of woodland, where this is expedient in the interestsof amenity.TPOs must
be made in accordance with the procedures set out in theTown and Country Plan-
ning (Trees)Regulations 1999and, although objections may be lodged to proposed
TPOs, there is no right of appeal against their subsequent confirmation by the local
authority. However, in certain circumstances it may be possible to challengetheTPO
in the High Court, on a point of law. Otherwise, appeals may be made only where
a local authority has subsequently refused to grant TPO consent.
The effect of a TPO is to require the consent of the local authority for the 'cutting
down, topping, lopping, uprooting, wilful damage, or wilful destruction' of any tree
which is the subject of such a TPO. In addition, in certain circumstances landowners
are placed under a duty to replace protected trees that have been removed. TPO
provisions do not apply to trees that are dying or dead, or have become danger-
ous, where it may be necessary for the prevention or abatement of a nuisance, or
where exemptions are conferred by other relevant legislation.
Where works to a protected tree are required for the purposes of carrying out
authorised development, the provisions of the TPO no longer apply. Thus a plan-
ning permissionwill override such protection.
Further information on tree preservation may be found in the Town and Country
Planning (Trees) Regulations 1999 (England and Wales) and in two guides, both
published on the ODPM website: Tree Preservation 0rders:A Guide to the Law and
Good Practice (April 2000) and Protected Trees - A Guide to Tree Preservation Proce-
dures (May 2000).In Wales, referenceshould also be made to TechniculAdviceNote
70: Tree Preservation Orders (TAN10,1997).
I
Trees within a designated conservation area enjoy a similar level of protection to

those subject to a TPO, subject to certain exceptions and procedural differences.
These include a general requirement to give the LPA six weeks notice of any inten-
tion to fell, lop, top or otherwise damage a tree.The authority may either consent
to the proposed works or make a TPO. If it does neither within this period, then
this can be used in defence of the carrying out of such works, provided that these
are done within two years.Trees under a prescribedsize, some species and certain
acts may be exempted under the relevant regulations. It should be noted that
more onerous replanting obligations apply than with the TPO regime.
When granting planning permission, local authorities will frequently seekto retain
or protect important trees by imposing appropriate conditions. However, govern-
ment advice is that the long-term protection of trees should be secured by TPOs
rather than by conditions.
Under the Hedgerows Regulations 1997, it is unlawful to remove most countryside
hedges without first obtaining the permissionof the local authority.Any hedgerow
within the curtilage of a dwelling is excluded. The leaflet The Hedgerows Regula-
tions: Your Question Answered provides a brief summary of the law, while more
detailed guidance is given in The Hedgerows Regulations 1997:A Guide to the Law
and Good Practice (both produced by DEFRA).
Preparingand submitting planning applications
It is perhaps self-evidentthat the key toa successful planningapplicationwill often lie

in its careful preparationand presentation. However, all too frequently applications
are not validated because they are inadequate.Their processing may subsequently
be delayed, or they may ultimately be refused because of some failure to take into
account a matter that should have been reasonably clear at the outset.
In the revisedand extended edition of Keeping OutofTrouble (Good Practice Guide,
RlBA Publishing, 2006),Owen Luder points out that most clients are not fully aware
of the potential problems and delays with obtaining planning approvals. When
dealing with town planning applications he advises:
Never be anything other that totally realisticabout the time required for obtain-
ing the necessaryplanningapprovaland the lack ofcertainty in obtaining an
acceptable planning approval.
He also gives sound advice on keeping clients fully up to speed with the progress
of their applications and the tactics to follow when strong local opposition is
foreseen.
Some applicants underestimate the sheer complexity of the planning process

and look upon it as something of an unwelcome formality. Recognising that this
is not the case, and embracing it as a development partner, will help greatly in
ensuring that potential problems are anticipated and that emerging projects suc-
ceed. In addition, the increasing need for specialist advice of one sort or another
-to address the diverse issues that are often thrown up - should always be borne
in mind.
The reforms to the planningsystem have

placed great emphasis on early consul, Perfect prepurution und
tation and front-loading, with greatly
increased requirements and expecta.
purtnership prevents poor
tions. so it is vital that your proposals performunce in planning!
are prepared with the utmost of care.
To adapt a well-known military truism:
perfect preparation and partnership prevents poor performance in planning!
Pre-application discussions
Before submitting a planning application, particularly for complex or larger devel-

opments, you should discuss the proposal with an officer of the LPA. Government
advice - as set out in Planning Policy Statement 1: DeliveringSustainable Development
(PPS1) - is that pre-applicationdiscussions are critically important and benefit both
developers and LPAs in ensuring a better mutual understandingof objectives and
the constraints that exist. Both planning authorities and applicants are therefore
exhorted to take a positive attitude towards early engagement in pre-application
discussions so that formal applications can be dealt with in a more certain and
speedy manner and the quality of decisions can be better assured.
In recent years, limited resources and the pressure to meet performance targets
have meant that many authorities have been unable to engage fully in such
pre-application discussions, and sometimes not at all. However, changes to local
government legislation mean that authorities are now able to charge for such
advice. But irrespective of whether a payment is required, many councils have
introduced their own special procedures for such discussions or guidance. You
will therefore need to check these.
During pre-application discussions, you should seek clarification of the issues

that might need to be addressed, the information that will need to be submitted
with the application (including any impact statements or specialist reports), and
its chances of success. If possible, get the planning authoritys informal opinions
confirmed in writing.This will help to avoid unnecessary delays in processing the
application and ensure that possible pitfalls are identified early on. It will also
provide a record of such discussions in the event that someone else subsequently
deals with the application.
While it is wise to seek such advice, it should be understoodthat it is given in good

faith, without prejudice to the formal consideration of any planning application
by the local authority. Try to speak to the planning officer who is familiar with
the area and would eventually consider the application, when submitted. If you
can, or if it is particularly important - for example where it is necessary to inspect
inaccessible buildings or for judgments to be made on matters of visual amenity,
and so forth - arrange to meet on site.
Do your homework!
Informal approaches to the planning authority are likely to be more productive if

some basic preparation is undertaken beforehand, not least because it will mean
that you are already aware of relevant issues and will have a much better idea
of those that could require particular attention. You will also know which ques-
tions you should ask, and have time to consider how you might best respond to
any questions that are likely to be put to you. This is particularly the case if the
proposal is likely to be controversial. If possible, therefore, you should always try
to undertake the following:
Investigate the planning history of the site, and consider anything that might
be relevant to the proposal.
Check adopted and/or emerging designationof the site under the Local Plan, Uni-
tary Development Plan (UDP)or Local DevelopmentDocuments (LDDs), and any
policies relevant to the proposal (see our suggested checklist at Appendix D).
In the case of larger sites, check whether a planning brief has been prepared.
Familiarise yourselfwith the relevant development control and highway standards
adopted by the council.These will normally be set out in a Local Plan, UDP, LDD,
in a locally adopted design guide, or in other Supplementary Planning Guid-
ance (SPG) documents.The most common standards relate to access, roads and
parking, public and private amenity space provision, maintenance of residential
amenity (overlooking, overshadowing, etc.) and affordable housing.
Make sure that you look at the site. Assess for yourself its characteristics, its
constraintsand opportunities, and its setting and general surroundings. If neces-
sary, arrange for a preliminary survey, to include the location and condition of
any trees on site and any changes of level. The information you collect should
form part of a drawn site appraisal or setting analysis (see the guidance on this
in the English Historic Towns Forums (EHTF) publication Making Betterflanning
Applications at Appendix E).
Prepare a simple preliminary sketch to show the form of the proposed develop-
ment and send this to the relevant planning officer, in advance of the meeting.
This will enable them to consider its merits informally and, if necessary, seek the
views of more senior officers and those of colleagues in other departments.
Check whether the planning authority has publishedits own planning handbook,
has information sheets or leaflets available or, as is now quite common, has
posted guidance on i t s website. These may explain its particular requirements,
the structure of the planning department, the councils decision-making pro-
cedures, and set out other useful information.
Find out how long it is likely to take any application to be processed, dates of
egated powers.Always allow sufficient time to obtain permission
El
relevant planning committee meetingsand the extent of any del- Seealso:What
~.;~~;
before development is due to start and do not simply assume whatshouldyou
that your application is one that can be determined quickly or do?page 74
that permission will be automatically granted.
Where a controversialdevelopment is proposed, it is crucial to secure grassroots or

other third party support. It is therefore important to involvethe local community
and others at the outset and to carry out some form of informal consultation exer-
cise.This might includediscussing your ideas with the parish or community council,
local councillors, residentsgroups, or those who are likely to be formally consulted
on the application. If the proposed development involves a new or altered access,
new roads or traffic generation issues, you should discuss the matter informally
with the highway authority as many proposals that are otherwise acceptable in
planningterms fail on highwaysgrounds. Similarly, if the proposal includes works

to a listed building or there are protected trees on site and so forth, separate
discussions with the councils conservation officer or landscape division might
also be helpful.
Preparingthe application
Following consultation with the RoyalTown Planning Instituteand others, in 2001

the RlBA issued guidance to members on Preparing Full Planning Applications:
Recommended Design Stages and Procedures (see the RIBAs website). This recom-
mends that ten stages should be followed:
1. The full project brief and the functional requirements of the development
should be established.
2. The physical dimensions, the condition, character and constraints of the site
should be surveyed and appraised.
3. National and local government planning policy for the development of the
site should be identified. Clarification should be sought and discussed with
relevant authorities if appropriate.
4. If appropriate, the technological, energy and sustainability requirements for
the development should be established.
5. The site should be considered and analysed in relation to its immediate sur-
roundings and its wider urban and/or landscape setting. This does not of
necessity mean that new development should be equal in design, form, mass
or height with i t s surroundings.
6. The impact of the brief and function in relation to the site, setting, local and
national policies, the relevant community or communities and the immediate
and wider environment should be considered.
7. Where appropriate, investigations or consultations should be undertakenwith
affected interests, authorities or communities.
8. Clear and demonstrable design principles or a design vision should be estab-
lished. These principles or this vision should be compatible with the criteria
and interests established above.
9. A design should be prepared that is consistent throughout with the design
principles or vision. The design should include consideration of space, mass,
volume, plan, materials and the composition of elements.
10.The application should sufficiently illustratethe design and its expression of the
design principles or design vision and the wider impact of the development.
Consideration should be given to the scope and the presentation, which

may need to include special drawings, diagrams, models or any other
descriptive media.
The guidance note also makes clear the following points:
Adherence to these procedures will not create a good design - a good design
can only be created by a good designer.
The standards are intended to indicate the considerations that will underlie most
good designs. They are also applicable to listed buildings and conservation areas.
The level of input for each item, stage or point will vary considerably according
to the scale or type of development.
Some procedures go beyond the RlBA recommended work stages for the prepara-
tion of an application for full development control approval. Other professionals
or experts may be responsible for some items or tasks.
Forms, drawings and supporting information
Forms
At present there is no standard application form for planning permission or other
related consents and therefore forms vary widely across the country. However,
in line with its commitment to streamline and simplify the development control
process, the Government is proposing to introduce a standard application form
for planning permission and other consents (expectedin April 2006). This should
provide essential information for better and timely decisions and facilitate the
submission of applications online, in accordance with i t s e-Planning agenda. Its
proposals are set out in an ODPM consultation paper issued in March 2005.
In the meantime, you should ensure that you use the forms supplied by the plan-
ning authority within whose area the proposed development is located. Check
the Planning Portal (or the planning authority's own website) to see whether
the authority will accept the full submission of applications electronically. Many
authorities are now able to do this, while others allow forms to be downloaded,
or completed online with a hard copy sent to the authority afterwards. Details of
the Planning Portal are included in Appendix A.
When completing the application forms, follow the authority's guidance notes.
Think carefully about the description of the proposed development as any per-
mission will relate specifically to this (and, in the case of new or listed buildings,
may have VAT implications).If necessary, describe the development more fully in
the covering letter. Make sure that the relevant ownership certificate has been
completed. And, of course, do not forget to keep a photocopy of the application
form as this may be needed for any subsequent appeal.
Applications involving industry, warehousing, offices, shopping, farm buildings,
farm dwellings, waste disposal and mineral extraction will normally require a
separate form to be completed. Many authorities also use a simplified form for
householder applications.
Generally, four (or sometimes five) copies of the application will need to be sub-
mitted to the planning authority (fewer in the case of an application for listed
buiIding consent).
Best practice on the validation of planning applications
In order to further speed up the registration and processing of planning applica-

tions, in March 2005 the ODPM issued Best Practice Guidance on the Validation of
Planning Applications. Of all the Governments recent publications, you should
make sure that you that you are familiar with the contents of this relatively short
document. It explains in simple terms what drawings and other information are
likely to be expected to support your application.The guidance recommendsthat
planning authorities prepare a validation checklist, which would be consulted
upon and adopted as a Supplementary Planning Document (SPD), setting out the
scope of information required before an application could be validated.
Two checklists are recommended,which are reproduced below with some adapta-
tion (mainlyto avoid repetition).Thefirst list contains the Governments suggested
compulsoryrequirements (including some matters that are required by law, in any
event), together with other matters that planning authorities may generally wish
to require in all cases. The second list contains suggested additional information,
which will need to be adapted to local circumstances by the planning authority. So,
if the information that is required by the SPD is not included with your application
for planning permission, the authority will be entitled to declare the application
invalid and not register or process it.
Compulsoryrequirements
For applicationsfor full permission:

Section 5:Applications for plunning permission or other consent 67
0 The completed application form.

0 The correct fee (where one is necessary), which is payable to the planning
authority and is non-refundable.Therelevantfees are set out in theTown and
Country Planning (Fees for Applications and Deemed Applications) Regula-
tions 1989, as amended and explained in DOECircular 31/92 (see ODPM and
National Assembly for Wales websites for details).
0 Ownershipcertificates- a planning authority cannot entertain an application
for planning permission unless the relevant certificatesconcerningthe owner-
ship of the application site have been completed. All applications, except for
approval of reserved matters, discharge or variation of conditions, TPOs and
express consent to display an advertisement, must include the appropriate
certificateof ownership. An ownership certificate must be completed stating
the ownership of the property. For this purpose, an 'owner' is anyone with a
freehold interest, or a leasehold interest the unexpired term of which is not
less than seven years.
0 Agricultural holdings certificate, which is required whether or not the site
includes an agricultural holding. All agricultural tenants must be notified
prior to the submission of the application.This certificate is not required if the
applicant is making an applicationfor reserved matters, renewal of temporary
planning permission, discharge or variation of conditions, TPOs or express
consent to display an advertisement.
0 Part I Notice - a notice to owners of the application site must be used if Cer-
tificate B has been completed and may be required if Certificate C has been
completed. A copy should be served on each of the individuals identified in
the relevant certificate. CertificateA should be completed when the applicant
is the sole owner; Certificate B, when the owner is known to the applicant; and
Certificates C and D when not all or any of the owners of the site are known.
0 Location plan based on an up-to-date map at a scale of 1:1250 or 1:2500 and,
wherever possible, showing at least two named roads and surrounding build-
ings. The properties shown should be numbered or named to ensure that
the exact location of the application site is clear. The application site must
be edged clearly with a red line. It should include all land necessary to carry
out the proposed development - for example, land required for access to
the site from a public highway, visibility splays, landscaping, car parking and
open areas around buildings. A blue line must be drawn around any other
land owned by the applicant, close to or adjoining the application site.
0 Siteplan drawn at a scale of at 1:SOO or 1:200 accurately showing:
0 the direction of North

0 the proposed development in relation to the site boundaries and other
existing buildings on the site, with written dimensions including those
to the boundaries
0 all the buildings, roadsandfootpathson land adjoining thesite including
access arrangements
0 the species, position and spread of all trees within 12 metres of any
proposed building works
0 the extent and type of any hard surfacing
0 boundary treatment including walls or fencing where this proposed.
0 Other drawings (including floor plans) should be drawn to a scale of 150 or

1:lOO to explain the proposal in detail. Where existing buildings or walls are
to be demolished, these should be clearly shown. The drawings submitted
should show details of the existing building(s) as well as those for the pro-
posed development. New buildings should also be shown in context with
adjacent buildings (including property numbers where applicable).
0 Elevations, both existing and proposed, drawn to a scale of 150 or 1:lOO and
showing clearly the proposed works in relation to what is already there. All
sides of the proposal should be shown (including blank elevations) and the
drawings should indicate, where possible, the proposed building materials
and the style, materials and finish of windows and doors. Where a proposed
elevationadjoins another building or is in close proximity,the drawings should
clearly show the relationship between the buildings, and detail the positions
of the openings on each property.
0 Sectiondrawingsata scale of 150 or 1:lOO showing a cross-section(s)through
the proposed building(s). In all cases where a proposal involves a change in
ground levels, illustrative drawings should be submitted to show both existing
and finished levels. On sloping sites, full information is required concerning
alterations to levels, the way in which a proposal sits within the site and in
particular the relative levels between existing and proposed buildings. The
drawings may take the form of contours, spot levels or cross- or long sections
as appropriate.
0 Environmentalstatement. Certain types of development which are likely to
have significant effects on the environment because of their nature, size or
Section 5: Applications for planning permission or other consenr 69
location must be accompanied by a formal 'environmentalimpact assessment',

prepared in accordance with theTown and Country Planning (Environmental
Impact Assessment) (England and Wales) Regulations 1999. The Regulations
provide a checklist of matters to be considered for inclusion in the Environ-
mental Statement and requirethe developer to describe the likely significant
effects of a development on the environment and to set out the proposed
mitigation measures.
Additional information
As may be required by a planning authority, depending on the nature and type

of application or the nature or character of the area:
0 Supporting Planning Statement, explaining how the proposed development

accords with policies in the development plan, SPD or development briefs.
It should also include details of consultations with the planning authority,
the wider community and statutory consultees undertaken prior to submis-
sion. However, a separate statement on community involvement may also
be appropriate. (Further guidance on statements of community involvement
is available in Chapter 7 of Creating Local Development Frameworks: A Com-
panion Guide to PPS72.) In our experience, such statements are best prepared
by a professional planning consultant, and should stress the benefits of the
development and argue the case for permission. Such a report can often be
key in influencing a successful outcome.
0 Design Statement - applicable for all applications where design is an issue (in
accordance with advice in PPS1). This should explain the design principles
and design concept of the proposed development, and how it relates to its
wider context, using illustrative materialwhere appropriate. Further guidance
is given in By Design - Urban Design in the Planning System: Towards Better
Practice (producedfor the ODPM by the Commission for Architecture and the
Built Environment, CABE, May 2000) and Protecting Design Qualityin Planning
(CABE, September 2003).
0 Access Statement - applicants may be required to make provision for access,
parking and sanitary conveniences for people with disabilities in applications
concerning buildingsto be accessible to the public.This includes offices, shops,
factories, schools and other public-access areas. Attention is drawn to the
legislation to provide access for the disabled. See also Planning and Access for
Disabled People: A Good Practice Guide (2003) on the ODPM website.
0 Transport assessment - information will include all existing and proposed

commercial and residentialvehicular and pedestrian movements to and from
the site. Loading areas and arrangements for manoeuvring, servicing and
parking of vehicles should also be clearly identified. It should describe and
analyse existing transport conditions, how the development would affect
those conditions and any measures proposed to overcome any problems.
Further advice is available in Planning Policy Guidance 13: Transport (PPG13).
0 Draft travelplan - a draft travel plan should outline the way in which the
transport implications of the development are going to be managed in order
to ensure the minimum environmental, social and economic impacts. Further
advice is available in Using the Planning Process to Secure Travel Plans: Best
Practice Guide, ODPM and DfT, 2002.
0 Planning obligations (see Planning obligations and planning gain, page 86)
-this could include brief draft heads of terms for a Section 106 agreement
or unilateral undertaking. Applicants should clarify the planning authoritys
requirements in pre-application discussions and confirm any planning obli-
gations that they agree to provide in brief heads of terms. Further advice is
available in ODPM Circular 05/2005:Planning Obligations.
0 Flood risk assessment/drainage strategy - a flood risk assessment may be
required if a development falls within an Indicative Flood Plain or Flood
Zone -these maps are available from the Environment Agency (see also the
Environment Agencys we bsite). Planning Policy Guidance 25: Development
and Flood Risk (PPG25) provides comprehensive guidance for both planning
authorities and applicants in relation to the undertaking of flood risk assess-
ments and the responsibilities for controlling development where it may be
directly affected by flooding or affect flooding elsewhere.
0 Listed Building Appraisal and Conservation Area Appraisal - a written statement
that includes a schedule of works to the listed building(s)and an analysis of the
significance of archaeology, history and character ofthe building/structure,the
principles of and justification for the proposed works and their impact on the
special character ofthe listed buildingor structure, its setting and the setting of
adjacent listed buildings may be required.The scope and degree of detail neces-
sary in the writtenjustificationwill vary according to particular circumstances of
each application.You should therefore discuss proposals with either a planning
officer or a conservation officer before any application is made. Further advice
can also be found in PPG15, paragraphs 3.16 to 3.19 and 4.25 to 4.49.
0 Regeneration Statement - supporting statement of any regeneration ben-

efits from the proposed development, including details of any new jobs
that might be created or supported, the relative floorspace totals for each
proposed use (where known), any community benefits and reference to
any regeneration strategies that might lie behind or be supported by the
proposal, should be included.
0 Retail assessments - relevant government guidance is contained in Planning
Policy Statement 6: Planning for Town Centres (PPS6). The assessment should
demonstrate the need for development and that it is of an appropriate scale,
that there are no sequentially preferable alternative sites available, that locations
are accessible, and that there are no unacceptable impacts on existing centres.
0 Affordable Housing Statement - where Local Plan policies or SPD guidance
require the provision of affordable housing, the planning authority may
requires information concerning both the affordable housing and any market
housing, for example the numbers of residential units, the mix of units with
numbers of habitable rooms and/or bedrooms, or the floor space of habitable
areas of residentialunits, plans showing the location of units and their number
of habitable rooms and/or bedrooms, and/or the floorspace of the units. If
different levels or types of affordability or tenure are proposed for different
units, this should be clearly and fully explained. Further advice is available in
Circular 6/98: Planning and Affordable Housing.
0 Open space - plans should show any areas of existing or proposed open space
within or adjoining the application site. 'Open space' here includes space
falling within the definitions of that term in the Town and Country Planning
Act 1990 or Planning Policy Guidance 17: Planning for Open Space, Sport and
Recreation (PPG17).
0 Sustainability Appraisal - a Sustainability Statement should outline the ele-
ments of the scheme that address sustainable development issues, including
the positive environmental, social and economic implications.
0 Landscaping - applications may be accompanied by landscapingdetails and
include proposals for long-term maintenance and landscape management.
0 Tree Survey/Arboricultural Statement - where the application involves works
that affect any trees within the application site, the species, spread, roots and
position of trees should be illustrated accurately on the site plan. This must
indicate any trees that are to be felled or affected by the proposed development.
The location of any trees within adjacent properties that may be affected by
the application should also be shown. A statement in relation to the measures

to be adopted during construction works to protect those trees shown to be
retained on the submitted drawings may also be necessary. Further guidance
is provided in BS 5837:1991 Guide for trees in relation to construction.
0 Historical,archaeologicalfeatures and scheduled ancient monuments - support-
ing information may include plans showing historic features that may exist on
or adjacent to the application site, including listed buildings and structures,
Historic Parks and Gardens, and Historic Battlefields. If an application affects
such a site, an applicant may need to commission an assessment of existing
information and submit the results as part of the application in accordance
with advice in PPG15, paragraphs 3.16 to 3.19.
0 Nature conservation, ecologicalassessmentand natural beauty - plans should
show any significant wildlife habitats or features and the location of habitats
or any species protected under the Wildlife and Countryside Act 1981, Con-
servation (Natural Habitats etc.) Regulations 1994 or Protection of Badgers
Act 1992. Applications for development in the countryside that will affect
sensitive areas must be accompanied by ecological assessments and include
proposals for long-term maintenance and management. This information
might be incorporated into an Environmental Statement, if one is necessary.
Detailed guidance on dealing with nature conservation and development is
given in Planning Policy Statement 9: Biodiversity and Geological Conservation
(PPS9) and its accompanying good-practice guide.
0 Noise impact assessment - application proposals that raise issues of disturbance
or are considered to be a noise-sensitive development should be supported by
a noise impact assessment prepared by a suitably qualified acoustician. Further
guidance is provided in Planning PolicyGuidance24:Planningand Noise (PPG24).
0 Airqualityassessment- application proposals that impact upon air quality or are
potential pollutants should be supported by an air quality assessment indicat-
ing the change in air quality resulting from the proposed development and
outlining appropriate mitigation measures as necessary. Further advice is avail-
able in Planning PolicyStatement23: Planning andfollution Control(PPS23).
0 Assessment for the treatment offoulsewage - the types, quantities and means
of disposal of any trade waste or effluent should be described.
0 UtilitiesStatement-a statement may be required to show how an application
connects to existing utility infrastructure systems.
0 Energy Statement - an Energy Statement should show the predicted energy
demand of the proposed development and the degree to which the develop-
ment meets current energy efficiency standards. Further advice is available
in Planning Policy Statement 22: Renewable Energy (PPS22).
0 Sunlight/daylighting assessment - this assessment is applicablefor all applica-
tions where there is a potential adverse impact upon the current levels of
sunlight/daylighting enjoyed by adjoining properties and buildings -further
guidance is provided in the Building Research Establishments (BRE) guidelines
on daylighting assessments on the ODPMs website.
0 Ventilation/extraction and refuse disposal details - for example, for hot-food
takeaways, restaurant uses and laundrettes, etc.
0 Structuralsurvey of the property - for example, for barn conversion applications.
0 Details ofany lighting scheme - including a light pollution assessment.
0 Photographs and photomontages - such images provide useful background
information and can help to show how large developments can be satisfac-
torily integrated within the street scene. Photographs should be provided if
the proposal involves the demolition of an existing building or development
affecting a conservation area or a listed building. From experience, we would
add that the use of simple block models to show the proposed development
within the context of its surroundings can also be very helpful.
If your application needs to be accompanied by any additional information, it is

advisable to provide additional copies as this will assist consultation with others
and avoid unnecessary delays. Always ask that one set is placed with the public
copy of the application and that the contents of any written material, especially
the supporting Planning/Design Statement, are reported to members of the
committee that will consider the application.
The English Historic Towns Forum (EHTF) has published a brief guide, Making
BetterPlanning Applications, to help everyone who is involved in making planning
applications, particularly for small-scale developments within historic towns, con-
servation areas or sites close to listed buildings. Although it was prepared before
the Governments suggested checklists, and does not cover every eventuality, the
general principles outlined in the guide continue to be relevant. We have therefore
reproduced Making Better Planning Applications in Appendix E.
In addition, at Appendix F we have included our own checklist of the main consid-
erations relating to major proposals. Like the EHTFs guide, this should be treated
with some caution as it cannot, of course, anticipate every circumstance.
What happensto your application and what should you do?
Registration
Once an application has been received, it is checked to see whether it is complete

(that is, valid) and a letter of acknowledgement is sent to the applicant (however,
the letter does not necessarily confirm that the application is valid). As we have
just outlined, the Government has recently issued best practice guidance for the
validation of planning applications,and the complianceor otherwise with this will
be an important consideration.
Sometimes the planning authority will amend the description of the proposed
development to ensure that it accurately reflects what is shown on the submitted
drawings. So this should be checked and any concerns taken up immediately
with the case officer identified in the letter as dealing with the application. The
acknowledgement letter will also give a reference number (which should always
be quoted in correspondence) and the time period within which the planning
authority intends to make a decision.This is normally eight weeks, although will
be longer for major applications (13 weeks) and applicationsthat require an Envi-
ronmental Statement (16 weeks), in accordance with the Governments best value
performance targets. Currently, these decision-making periods start to run from
the day on which a valid application is received by a local authority (but note that
the Government proposes to change this to the following day). However, the period
for determining your application may be subsequentlyextended by the planning
authority with your written agreement.
Regardless of the type of application, if it has not been decided by the planning
authority after eight weeks and you have not agreed to extend the time limit,
you have a right of appeal against its non-determination. But this is yet another
area that the Government is looking at, to remove the obvious inconsistencythat
currently exists between its performancetargets and an applicants statutory right
of appeal after eight weeks.
Invalid applications may be retained, with a request for identified deficiencies
to be rectified, or returned if this is not done within a specified period (normally
21 days). Typical problems include inadequate drawings, failing to complete the
relevant ownership certificate correctly, or submitting the wrong fee. Remember
that the planning authority will not start to consider the application until it is valid,
Section 5: Applications for plunning permission or other consent 75
so it is essential that all the necessary documentation is in order. Through the

Governments planning delivery grant scheme, planning authoritiesare rewarded
for making improvementsto or meeting best value targets for their performance
in handling planning applications, so this often acts as a significant disincentive
for accepting applications unless and until authorities are fully satisfied that
everything is in place. And, of course, the desire to be rewarded for meeting the
Governments targets can often influence the way and speed with which your
application is subsequently considered!
If a planning authority refuses to validate your application, you can appeal against
this to the Secretary of State. There is no mechanism for resolving disputes over
the calculation of the application fee (a common problem in our experience) other
than to lodge an appeal. In order to accept the appeal, the Planning Inspectorate
must first consider whether the correct fee has been paid and the application is
valid (see DOECircular 31/92).
Once the application is deemed to be valid it will be registered (that is, entered on
the public planning register), and recorded in the planning authoritys computer
system. The respective copies of the application are separated and one is made
up into a working file, which is then allocated to the case officer, normally with
details of any previous planning history on the site. One copy is made available
for public inspection at the reception desk.The remaining copies will be used for
other consultation purposes.
Publicity and consultations
As soon as possible, the case officer will arrange, as appropriate,for the application
to be advertised in a local newspaper, for neighbouring occupiers to be notified
by letter, and/or for a notice to be displayed on site. Practiceon publicising appli-
cations varies, but minimum requirements are set out in the Town and Country
Planning (General Development Procedure) Order 1995 and explained in DOE
Circular 15/92.The planning authority has a duty to take into account all representa-
tions received before determining the application. A period of 21 days is normally
given for comments (14 days where advertised),although the planning authority
is not precluded from considering comments made after this time has expired.
Special provisionsapply for publicising major developments, applications affecting

conservation areas and listed buildings, and for notifying the Secretary of State
of departure applications (that is, those conflicting with the development plan)
and certain other proposals (such as major housing schemes on greenfield sites
or large-scale shopping developments).According to the type and scale of the
proposed development, planning authorities are required to consult specified
persons or bodies (so-calledstatutory consultees), such as the highway authority,
the Environment Agency, local parish or community council, and various govern-
ment authorities and agencies, or other organisationsand third parties. Internally,
the planning authority might well consult its colleagues in other departments,
such as in environmental protection, drainage, or leisure services, and so forth.
Under new measures introduced in August 2005, statutory consultees on planning
applications are now required to respond within 21 days.
Assessment of the application
The planningofficer will identify the issues arising from the proposed development,
assess the application against relevant development plan policies, Supplementary
Planning Guidance and documents and any other considerations, and invariably
carry out an inspection of the site (althoughthere is no statutory obligation to do
this). Further information on the application may be requested or amendments
sought. In any event, it is always prudent to monitor progress on the application
closely and to speak to the planning
Monitor progress on the officer about four to five weeks after
it has been submitted, as by this time
application closely. they should have an idea of any issues
that might need to be addressed and
whether the application is one that will need to be reported to committee or
decided by officers under delegated powers. Such powers vary widely and will be
set out in the councils constitution, which can be inspected where required.
cSee also:
Negoriarions
and tactics,
page 8 1
In response to any negotiations with relevant officers, it might be
necessary to amend the proposal and submit revised drawings.
These will normally trigger a further but shorter period of public
consultation (usually 14 days).
Once the relevant consultation periods have expired and comments have been con-
sidered, and the planning officer is satisfied that it is appropriateto do so, they may
then determine the application under delegated powers or, if the application falls
outside the scope of such powers, prepare a written report and recommendation
for consideration by council members. The extent of their workload and relevant
performance targets inevitably will also have a bearing on when the application
might be decided, with the former being the most common reason for delay.
Reports are usually prepared about two weeks before the date of the committee
meeting.As this often acts as an informal deadline for submitting any outstanding
details or information, such materialshould be providedwell in advance, otherwise
the planning officer may decide to hold the application in abeyance until the next
meeting.The planning officers report may be the subject of internal consultation
and need to be cleared by more senior officers in the management hierarchy.
It is important to try to establish when and how an application is to be decided

as, according to how well things have been going, this will affect possiblecourses
of action. For example, if it is clear that the planning officer is opposed to the
application and is likely to refuse it under delegated powers, you might wish to
consider asking a council member to intervene and request that the application be
reported to committee, if this is possible. Among other things, this would enable
relevant council members to be lobbied or, where such opportunities exist, allow
you to address the committee in person.
Planning officers reports
Planning reports to the relevant committee, which will usually sit every three to
four weeks or so, should be open and impartial. Most follow the same format and,
where appropriate, include a summary o f
the proposed development and any related background information

the site and i t s surroundings
relevant planning history
relevant development plan provisions
consultations carried out, comments received, views expressed in letters of
objection or support, details of any petition and so forth
the main issues and planning considerations
a recommendation to grant or refuse permission
draft conditions to be imposed, with reasons (however these may be abbreviated
using the planning authoritys own particular codes)
the terms of any planning obligation to be sought
draft reasons for refusal.
In accordance with freedom of information legislation, the officers report to

committee and related background papers (that is, the planning application
file), must be made available for public inspection at least five clear working days
before the date of the committee meeting. Many authorities exceed the minimum
requirements. It is always advisable to obtain a copy of the report as soon as it is
available, which is usually possible by speaking to the relevant committee clerk or
the member services department. Some authorities will fax or e-mail the report.
There are important benefits of getting hold of the officers report:
It will enable you to check the planning officers advice and recommendation
and to confirm that any negotiations have succeeded and that any informal
assurances given by the planning authority have been fulfilled. Make sure that
relevant matters have been understood and are adequately summarised, that
nothing important has been omitted and that the report is not misleading. In
some instances, a case officers own views might have been overruled or modi-
fied in some way by more senior officers. However, while this is quite legitimate,
it is normal practice to notify the applicant beforehand of any significant change,
to avoid any nasty surprises.
It will reveal the nature and extent of any local opposition or objections raised
by any major third parties, if these have not already been disclosed.
As council members will now be aware of the planning officers advice, they are
better briefed and thus often more willing to discuss the application, although
many will not express a view for fear of prejudicing consideration of the
application a t the committee meeting.
This is when lobbying by interested parties steps up a gear and is likely to be
most effective.
It will enable last minute action or negotiations to resolve outstanding issues
and rectify mistakes, and so possibly avoid a refusal.
It will allow you to consider any conditions, the need for planning contributions
or requirements of any planning obligation, and any reasons for refusal.
When faced with the prospect of refusal
If the application is recommended for refusal, your choices are as follows:

Let the application run and perhaps lobby councillors in the hope that they will
overturn the recommendation.
Withdraw the application, to avoid 'negative history', and perhaps consider

preparing a revised proposal.
Ask for the applicationto be deferred to enable further negotiationsto take place.
Most planning authorities will only agree to this if there is some clear evidence of
an intention to overcome relevant objections, or if revised drawings have been
received by the planning authority too late for them to be considered properly.
Knowing whether, when best, or how much to lobby council members during
the application process can be quite hard to judge. This is a sensitive matter that
requires great care, not least because it could antagonise officers involved in the
application or appear to undermine delicate negotiations.
Too much lobbying can put off decision-makers. None might mean that a valuable
opportunity is missed to stress the benefits of a proposeddevelopment.Too little
may, of course, prove ineffective!
Lobbying can include letters addressed to individual councillors or speaking

directly with key council members, such as the ward member, chair and vice-chair
of the planning committee, and so forth. Often lobbying is more successful when
conducted by the applicant, as it may be thought to be more heartfelt than when
coming from an agent who is 'simply going through the motions'. However, large-
scale or complex proposals may well require advice from a planning consultant
or specialist public relations consultant.
Many authorities have adopted a members' code of practice on planning pro-

cedures, setting out some basic principles on lobbying to ensure that members
maintain their impartiality and do not appear to fetter their discretion in the
decision-making process. So, you should try to get hold of a copy of this, where
available. Codes may discourage direct approaches to members in favour of a
public speaking system (see below) or discourage members from
See also:
expressing a view before an application is formally considered,
unless it is made clear that it is a personal opinion that does not
bind the council. Codes may instead encourage information to be
?
:';
shared with, or put in writing to, officers.
A t worst, allowing an application to run and be considered by the council members

will preserve the right of appeal, which is lost once an application is withdrawn.
In any event, a revised application can be submitted within 12 months, and this
will not require a new fee provided the proposed development is of the same
character or description as that the subject of the original application and that it
is submitted by the same applicant. The planning authority is able, however, to
decline to accept repeat applications in certain circumstances (see the sixth bullet
point on page 83 on aggressive tactics).
At the committee meeting
Many planning authorities have introduced procedures for public speaking at

committee meetings, following prior notification, but this is generally limited
to about three minutes per speaker. Nevertheless, this might be long enough to
stress the main benefits of the proposed development and/or respond briefly to
comments made by objectors. But it is doubtful in the majority of cases whether
such action is pivotal in changing the outcome of the application. Regardless of
whether any public speaking rights exist, it is usually a good idea to attend the
committee meeting to listen to any discussion as that might explain relevant issues
and could inform any resubmission or appeal that might be lodged.
In addition to considering the planning officers written report, at the meeting of
the planning committee the members may receive an oral presentationfrom key
officers, often aided by visual material such as slides and plans, and this will be
supplemented by any late information received since the report was prepared.
According to member interest and how complex or controversialan application is,
decisions will either be made on the nod (that is, in accordance with the officers
recommendation but with no discussion of the application) or after some discus-
sion and a subsequent vote.
Taking the decision
Members are not bound to follow the advice of their professional advisers, but they
must be able to demonstrate good reasons based on land-use planning grounds
for not doing so or else they will be liablefor an award of costs on appeal.Typically,
fewer than 10 per cent of recommendations are overturned. In some cases, the
committee might defer making a decision in order to request further information
or amendmentsfrom the applicant, advice from i t s officers, or more consultations
to be carried out. Alternatively, it might wish to lookat the site itself before making
a decision, or to instruct a sub-committee to do this on i t s behalf and report back
to its next meeting with a recommendation.In such circumstances, it is common to
invite interestedparties to be present, and there may be opportunities for speaking

for or against the proposal.
Decisions made on certain applications, particularly those involving significant

policy issues, may need to be referredto other committees or boards of the council,
or to a meeting of the full council itself.
Following its considerationof an application, generally the committee will resolve

to do one of the following things:
grant unconditional permission/approval/consent

grant permission/approval/consent with conditions
grant permission following the prior completion of a planning obligation
refuse permission
defer a decision on the application.
Figure 5.1 (page 82) summarises what happens to an application after it has been
submitted to the local planning authority.
i Negotiationsand tactics
Depending on the scale and complexity of the proposed development, at some
stage in the planning process it is likelythat negotiationswill be necessary; whether
to address matters of concern or, where necessary, to try to overcome objections
raised by either the planning authority or other interested parties. Clearly, suc-
cessful negotiations often depend on the skill and experience of those involved.
The following are some tips:
Make sure that you negotiate with the right people. Identify the key players in
the process, both within the authority (which are likely to include officers from
various departments) and outside (such as the highway authority, the Environ-
ment Agency, etc.). For bigger schemes, many local authorities now provide a
development team approach, with a single point of contact. Unless the proposed
development is one that is likely to raise significant or district-wide issues, it will
rarely be necessary to start a t the top (although bigger schemes are likely to be
handled by more senior officers, in any event). However, where appropriate, a
quick telephone call to the councils development control manager will establish
who is likely to deal with relevant matters. Most development control officers
work in teams dealing with particular geographical areas.
FIGURE 5 .
1: Stages in processing a planning application
validate application
I Allocated to case officer I
,
Consultation with interested parties,
e.g. neighbours, amenity societies, etc.
Local advertisement and site notice,
as necessary
Statutory and internal consultations
Case officer visits site and considers

consultation responses
of the development plan and other

material considerations
Possible further information requested,

discussions with applicant and
under delegated powers
Application deferred for committee site visit
Permission granted, subject to conditions (or planning obligation:Ctte decision only) or refused
Decision notice issued Right of appeal to SoS/National Assembly

Find out something about the political composition of the council, which group
holds power, what the major drivers are (for example economic regeneration,
maintenance of the Green Belt, affordable housing provision, etc.). Does the
planning authority operate within a corporate culture where development is
positively encouraged, managed or generally resisted?Establish who are the key
councillors that you might wish to speak with, including the relevant committee
chair and ward members. Beware of over-lobbyingas this can be counterproduc-
tive. (See also the advice above on lobbying on page 79.)
Lobbying MPs or government departments is rarely effective.
Establish who is likely to object to the proposed development, such as local
amenity groups, etc., and whether there is anything that can be done to reduce
or overcome any opposition.
Confrontation sometimes has i t s place in the planning process. However, a
partnership approach, developing good working relationships and seeking
to understand the needs and aspira.
tions of the authority and others - and fibove be rea/jstjcin
U/[
involving them in the project - are
more likely to be effective. Above all, your expectu tions!
be realistic in your expectations!

Neither planning officers nor elected members respond well to threats, including
suggestions that any refusal will be appealed.
Aggressive tactics, such astwin-tracking (thatis, submitting identicalapplications
simultaneously with the objective of lodging an appeal for non-determination
of one, whilst continuing to negotiate on the other), can waste local authority
resources and cause confusion. The tactic is outlawed under the 2004 Act. The
Act also extends a planning authoritys ability to decline to accept repeat applica-
tions that are intended to wear down i t s resistanceto development. In addition
to declining to determine an application that is the same as or very similar to
one that has either been refused within the previous two years or dismissed on
appeal, an authority is able to refuse to determine an application where it has
refused two similar applications and there has been no appeal lodged in the
preceding two-year period.
Similarly, it can be counterproductive to submit an application that you know
to be overdevelopment (because, for example, it includes too many housing
units, etc.) simply because you are trying to maximisethe development potential
of a site but are expecting during the course of negotiations to reduce i t s scale
(and in so doing wish to appear to have made significant concessions). Rather

than negotiating, planning authorities will often refuse blatantly unacceptable
applications quickly, especially if any mattersflagged-up during any pre-applica-
tion discussions have been ignored.
Stress any benefits of the development. Where a proposed development is likely
to be acceptable in any event, it will seldom be necessary to consider any plan-
ning gain. However, where a proposed development is likely to be regarded as
contrary to policy, it is essential to demonstrate other considerationssufficient
to override such objections.
Consider the use of other consultants and specialists. Local authorities often
respond more positively in planner-to-planner negotiations, especially where
there is already a good working relationship. In addition, planning officers will
normally discuss matters more openly and freely where the client is not directly
involved in negotiations.
Two powerful negotiating tools that development control officers have at their
disposal are bluff and delay. Knowing when planning officers are seeking to
achieve their objectives by making unreasonable demands or merely express-
ing personal preferences requires experience and a detailed knowledge of the
councils policies and national planning guidelines. However, acceding to some
requests for changes to a scheme or for a planning obligation may often be
better, on balance, than suffering the financial consequences of a significant
delay in achieving permission.
Before meetings with the planning authority make sure that you and any other
participantsare well briefed. Establish beforehandwhich matters are negotiable
and might be conceded and which ones cannot. At the end of any discussions,
be clear as to what has been agreed and points for action.
Do not rely solely on discussions. Make sure that notes of meetings are kept
and that the planning authority receives subsequent correspondence detailing
what has been agreed. Remember that others may look at the application file
or background papers, particularly in the event of an appeal or any challenge.
Check the wording of emerging conditions and the terms of any obligations and,
where necessary, engage the services of specialists to do this.
Decision notices
The courts have ruled that the date of a decision is when the relevant notice is
issued, and not when any committee has resolved to either grant or refuse per-
mission. As it may take planning authorities up to about two weeks after the
resolution to issue a notice, if time is of the essence it may well pay you to chase
them up for the notice.
Decision notices must state clearly and precisely the planning authoritys full
reasons for refusing or granting permission or for any condition imposed; most
planning authorities use standard reasons for refusal and conditions to deal with
regularly encountered issues. Any planning policies that have been relied upon
should also be identified in the notice.
Some planning authorities will attach a list of informatives to the decision notice.
These do not form part of the decision itself but are notes setting out guidance
on related matters, such as the need for other statutory consents or, in the case
of a refusal, some indication of the kind of development the planning authority
would find acceptable.
Planning conditions
It is essential to consider carefully any conditions attachedto a permis- See also:

Breaches in
sion as, unless appealed, they will be deemed to have been accepted planning
and may be enforced by the planning authority by means of a breach control,
page 112
of condition notice, against which there is no right of appeal.
The general approach to conditions is that they should be imposed only where
there is a clear land-use planningjustification.The companion guide to PPSl (The
Planning System: General Principles) explains that the key test for whether a par-
ticular condition is necessary is if planning permission would have to be refused
if the condition were not imposed.
Detailed advice on conditions is set out in DoECircular 17/95: The UseofCondifions

in Planning Permissions. Among other things, this explains that conditions should
only be imposed where they are:
necessary
relevant to planning
relevant to the development to be permitted
enforceable
precise
reasonable in all other respects.
These criteria are examined in the circular, and examples are given of conditions
that are acceptable and ones that are not. Conditions can be imposed to deal
with matters such as access, parking, landscaping, noise, restrictions on hours of
use, and so forth.
Generally, conditions should only be imposed on land under the control of the
applicant, whether within or outside the site, although it is possible to impose a
negative or Grampian condition (so-called after the case of Grampian Regional
Councilv.City of Aberdeen District Council[1984] where such an approach was held to
be acceptable).This prevents the commencement of development until a specified
action (such as a road improvement, for example) has taken place. However, such
conditions should only be imposed where there is a reasonable prospect that the
specified action will happen during the lifetime of the permission.
Notwithstandingthe principle that planning controls are not normally concerned

with the identity of the user and that planning permission runs with the land, in
exceptional circumstances conditions may be imposed to make a permission
personal to the applicant.Thissometimes happens where, for example, a particular
business use is considered of special importance to the local economy, but which
in any other circumstances would be considered unacceptable.In addition, condi-
tions may be imposed to restrict the occupation of a building, for example in the
case of agricultural dwellings or staff accommodation.
Government advice to planning authorities is that generally conditions should be

used in preferenceto planning obligations.
Planningobligationsand planning gain
The term planning obligation (often referred to as a section 106 agreement,

as they are made under Section 106 of the 1990 Act) comprises both planning
agreements and unilateral undertakings. It is a deed that is legally binding on
subsequent owners. It is usually created by agreement with the LPA. However,
it may also be offered unilaterally by a developer, particularly on appeal when a
developer considers that unreasonable demands are being made by the planning
authority. The obligation may be positive, requiring something to be done, or
negative, preventing something from happening. They may thus:
restrict development or the use of land in a particular way

require operations or activities to be carried out in, on, under or over land
require the land to be used in a specified way

require financial contributions to be made to the authority.
Like planning conditions, planning obligations may be used to allow development

that might otherwise be refused. They must, however, only be sought where
they are:
necessary
relevant to planning
directly related to the proposed development
fairly and reasonably related in scale and kind to the proposed development
reasonable in all other respects.
Anyone with an interest in the land may enter into an obligation, which will only
take effect once the planning permission is granted and implemented.
In the main, planning obligations are used to ensure that a developer provides,
pays for or contributes to new or improved infrastructure or community facilities
that would not have been necessary but for their development. Some examples
include:
access/highways/transport arrangements
car parking
public open space
social, educational, recreational, sporting or other community provision
providedthat the need for these arises directly from the development or is required
to offset or replace the loss of existing resources or facilities on the site.
Obligations are sometimes used to restrict the occupancy of land and buildings
(such as to agricultural workers, or those of retirement age in the case of sheltered
housing schemes), to require the giving up of existing use rights or planning
permissions, or to ensure the provision of affordable housing.
Government advice is that conditions imposed on a planning permission should

not be repeated in a planning obligation (as this frustrates a developers right to
appeal),although many planning authorities will often try to do this. When dealing
with planning agreements, it is essential to seek advice from a planning solicitor
or planning consultant.
Where a planning obligation no longer serves any land-use planning objective

it may, on application to the planning authority, be discharged by agreement
between the authority and the interested parties against whom it is enforceable.
Similarly, a planning obligation may be modified with the consent of the planning
authority, where it would serve a useful planning purpose equally well with some
modification proposed by the applicant. In the case of a planningauthoritys failure
to determine an applicationto modify or discharge an obligation, or its decisionto
refuse such an application, there is a right of appeal to the Secretary of State.
Planning obligations may be enforced through the courts by means of an injunction.
Planning obligations are the main means by which planning gain is achieved.
However, as with the term Green Belt, which has statutory meaning, the expres-
sion planning gain may mean different things to different people. It is widely
misunderstoodand is often mistakenly used also to refer to benefits that arise as
a direct consequence of a development (for example, the removal of an eyesore)
or, controversially,for some other form of benefit unrelated to the development
(which the Government has made clear is not acceptable).
Further advice on this complex subject is set out for England in ODPM Circular05/2005:
Planning Obligations, and for Wales in WO Circular 13/97: Planning Obligations.
Reform of planning obligations
Under the Governments current reforms, the existing system of planning obliga-
tions is to be changed.The aim is to create a regimethat is faster, more transparent
and moreaccountable,and which givesgreaterclarityandcertaintytoall concerned.
Previous proposals for a system of non-negotiabletariffs have been abandoned.
Instead, Section 106 of the 1990 Act will be repealed and replaced by Sections 46
to 48 of the 2004 Act (but reconstituted in new regulations that have yet to be
made). In effect, these sections require planning authorities to include provisions
in their development plans for optional planning contributions and empower the
Secretary of State to make regulations for dealing with such contributions. The
intention is that developers will be able to choose between making the optional
planning charge in accordance with criteria set out in the development plan or
negotiating a planning obligation.
Exactly how the new system will work remains unclear and the new statutory
provisions will not come into force until 2006. In the meantime, following the
recommendations of Kate Barker in her Review ofHousing Supply (HM Treasury,

March 2004), in which she recommended that a charge -the planning gain sup-
plement- be imposedwhen planning permission is granted, the Government has
reviewedi t s plans for taking forward the reform of planning obligations. In August
2005 a new circular on planningobligationswas published (ODPMCircu/ar05/2005),
aimed at increasing transparency, predictability, accountability and speed in the
negotiation of planning obligations. It also brings planning obligations into line
with the new arrangements established by the 2004 Act and will be supported
by good practice guidance to be published later in 2005. A standard legal docu-
ment for planning agreements and unilateral undertakings will accompany this
guidance. The revision of planning obligations policy is intended to improve the
existing system while the Government continues to examine Kate Barkers recom-
mendations and prepare its response, which was imminent a t the end of 2005. So,
for the time being at least, planning obligations will continue.
I
SUMMARY - 1
As an architect, your day-to-day dealings with planning authorities will most

likely mean the submission of applicationsand trying to secure permission
for your proposals. It is therefore vital that you understand the processes
and the people involved, and where to look for extra guidance.
The term development includes both operational development and
changes of use.
Not all development requires planning permission from the LPA. Permit-
ted development, as defined by the General Permitted Development
Order, avoids the need to apply for such permission. However, permit-
ted development rights may be affected by national, regional or local
designations.
Local DevelopmentOrders and SimplifiedPlanning Zones may be in force,
again affecting the need for planning permission.
When assessing the need for planning permission, be cautious: an infor-
mal approach to a planning officer may be invaluable. Pre-application
discussions can greatly help when preparing applications by identifying
early on any planning issues that may affect the proposed scheme.
There are various types of planning applications, including those for

outline permission, reserved matters approval, full permission, retrospec-
tive permission and the variation or removal of conditions. Be sure you
understand the differences, which permissions you need and what you
have been granted.
In addition to planning permission, special consents may be required for
particular forms of development, such as those affecting listed buildings
or within conservation areas.
Certificates of Lawfulness may be obtained in some situations, confirming
that certain existing or proposed activities or developments are or would
be lawful and therefore do not need planning permission.
The preparation of planning applications can be complex, and small mis-
takes or omissions of information can lead to applications being deemed
invalid.The key to successful planningapplications is careful preparation
and presentation.
Follow the advice on preparing applications issued by the RlBA and the
EHTF, and make sure that documents are prepared in accordance with
this guide. Projects may require many separate assessments, statements,
maps and drawings - it is important to check what is required.
The process of assessing and deciding an application can be long and
drawn out, and many people may be involved on the way to the final
decision. Make sure you understandthe process and can identify the key
players so that you will know who to approach for advice and who you can
lobby for support. Remember: lobbying and negotiation are skills - you
should exploit any opportunities to push your proposal, but be careful
not to antagonise decision-makers.
Planning permissions may come with conditions attached or require the
prior completion of a planning obligation. Make sure you understand
their implications and are clear about what is required.
Know your limitations and be prepared to use other specialists such as a
Planning Consultant in appropriate circumstances!
hection
Going to appeal,
challenges and
cornplaints
Planning appeals
An appeal should be an act of last resort and be consideredonly when all else has
failed. Nevertheless, from time to time circumstancesmight arise where it is neces-
sary to appeal against a planning authoritys decision or its failure to determine
an application.
Appeals are made to the Secretary of State. In England, this means the First Secre-
tary of State (the Deputy Prime Minister),and in Wales, the NationalAssembly.The
appeals process itself is handled by the Planning Inspectorate(often abbreviated
to PINS), a quasi-autonomous executive agency that is responsible for its own
day-to-day management, and which reports to the First Secretary of State at the
Office ofthe Deputy Prime Minister (ODPM)and the Welsh Assembly Government.
Its role is governed by the three Franks principles:
openness
fairness
impartiality.
Most of i t s inspectors are graduates and members of professional bodies. They

come from a variety of backgrounds,including planning,architecture,the environ-
ment, law and engineering. Inspectors are carefully selected, undergo rigorous
training and work from home, with the support of office-based staff at the inspec-
torates headquartersin Bristol (or in Cardiff, where appealsare dealt with on behalf
of the National Assembly for Wales).
91
Jurisdiction for determining appeals is generally transferredfrom the Secretary of

State to inspectors, who are therefore responsiblefor determining (that is, decid-
ing) most ordinary planning appeals. However, the Secretary of State retains the
power to recoverjurisdiction in certain prescribed circumstances, such as where
an appeal involves a large, complex or controversial development or where a
government department has raised major objections.This power is exercised rarely
and accounts for no more than about 2 per cent of all appeal decisions.
Where jurisdiction is recovered, the decisionwill be made following consideration

of a written report and recommendation from an inspector, following a local
inquiry. But whether it is the Deputy Prime Minister, the National Assembly for
Wales or inspectorswho ultimately determine a planning appeal, they must justify
their decision and take into account:
national, regional and local planning policy

relevant planning issues and material considerations
the views of third parties.
Right of appeal
A disappointed applicant may lodge an appeal against:
the refusal of permission

conditions imposed on a permission or reserved matters approval which are
considered unacceptable
the refusalto approve details submitted asa reserved matter, following the grant
of an outline permission
the refusal to approve details arising from a condition of any planning permission
any requirement to submit further details in support of an outline application
the planning authoritys failure to decide an application within the prescribed
period (normally eight weeks, unless this is extended by agreement).
In addition, there are rights of appeal in respect o f

removal or variation of conditions attached to an existing permission
listed building consent
conservation area consent
advertisement regulations consent
Tree Preservation Order consent
Section 6: Going to appeal, challenges and complaints 93
hedgerow regulations consent

Certificatesof Lawfulness (lawful development certificates)
enforcement notices.
Whether it is an appeal against a planning refusal, or some other special consent
or decision, the broad issues that you should consider and the general principles
and procedures involved are similar. However, it should be noted that the time
limits for lodging an appeal can vary.
Unlike some other planning jurisdictions, for example in Ireland and the Isle of
Man, there is no third party right of appeal against a planning authoritys deci-
sion to grant permission (although this may be challenged by judicial review, as
explained later).
Deciding whether to appeal
Even in the apparently most straightforward of cases, for example where there has
been consistent officer support for the proposed development and it has been
recommendedfor approval, but this has subsequently been overturned by council
members, it is probably best to seek an independent opinion on the chances of
success and other advice from an appropriate specialist, such as a planning con-
sultant. But before doing that, it is crucial to study carefully the reasons for refusal
given on the decision notice to see whether these relate to matters of principle or
to technical objections that might be overcome by a revised proposal.
You should discuss the reasons for refusal with the planning officer who dealt
with the application to gauge the strength of the case that is likely to be mounted
against the proposeddevelopment. You should seekan informal opinion from him
or her on whether an amended scheme is likely to be acceptable. Most planning
officersare used to looking at the arguments from both sides and will talk openly
about relevant considerations, often acknowledging where a decision has been
marginal and the issues finely balanced. Where the planning authority has had
relevant experience of a similar appeal elsewhere within its area, this is likely to
be brought to your attention.
Try to establish whether the planning authority would be prepared to accept an

appeal by the exchange of written representationsor would be more likely to seek
a hearing or public inquiry, as these have a significant bearing on the cost and
likely duration of the process (see below). In the event of a public inquiry, find out
if this is likely to be handled by the councils own officers or, as is increasinglythe

case, whether consultants would be appointed. Also, ask whether the planning
authority is likely to instruct counsel or rely on its own in-house solicitor to act
as advocate.
The strength of third party opposition should also be considered and, in particular,
how they would be likely to respond to an appeal. Well organised and motivated
objectors can be formidable opponents!
Other important considerations
Also bear in mind the following:
On average, about one-third of all appeals are successful.

There are strict time limits for lodging an appeal and for the subsequent process.
An appeal can only be made by whoever was named originally as the applicant
(although this may of course be via an agent).
An appeal for non-determination may result in a longer delay in securing per-
mission than might otherwise have been the case had the planning authority
been allowed more time to consider the application. However, the 2004 Act
has introduced the concept of dual jurisdiction, giving planning authorities
an additional four weeks in which to determine an application subject to such
an appeal.
In most cases, the resubmission of a similar application within 12 months of a
refusal will not require the payment of a new fee to the planning authority.While
there is nothing to prevent an unsuccessful applicant from submitting a revised
proposal and at the same time lodging an appeal against a recent refusal, under
Section 43 of the 2004 Act planning authorities are able to decline to determine
a fresh application for permission in certain circumstances.These include any
new application similar to one recently refused by the Secretary of State, and
so-called overlapping applications, such as where an earlier similar application
has not yet been decided by the Secretary of State and the planning authority
has made a decision, or has failed to do so within the determination period, but
the time allowed for making an appeal has not yet expired.
Appeals can be lengthy, time-consuming and expensive (althoughthere is no fee
for making the appeal itself), especially where hearings and public inquiries are
concerned. In the latter case, and also with enforcement appeals, it is possible
to seek an award of costs against an appellant or the planning authority on the
grounds of their unreasonable behaviour, although this is normally difficult to

prove. Otherwise, the general rule is that parties are expected to pay their own
expenses for an appeal, and these will depend on its complexity.
An appeal can be withdrawn a t any stage, but late withdrawal may result in costs
against the appellant.
Under Section 79 of the 1990 Act, an inspector or the Secretary of State (or in
the case of Wales, the National Assembly) is able to allow or dismiss the appeal,
or reverse or vary any part of the decision of the local planning authority (LPA),
whether the appeal relates to that part of it or not, and may deal with the appli-
cation afresh. In addition, an appeal
against conditionscan result in others
which have not been appealed being "On average, one-third of
altered, further conditions added, or
the loss of the entire permission itself
appeals are successful."
althoughthe opportunity to withdraw
the appeal will be given, thereby enabling the appellant to keep their exist-
ing permission. However, this situation can be avoided by first applying to the
planning authority under Section 73 of the 1990 Act to carry out development
without complying with a condition of a permissionand then appealing against
any refusal or variation that is unacceptable.
Under Section 79(6A) of the 1990 Act, the Secretary of State may also dismiss an
appeal where an appellant has been responsiblefor causing an undue delay in
progressing an appeal.
Choosing the right procedure
There are three types of procedure for dealing with planning appeals:
written representations
hearing (commonly referred to, incorrectly, as an informal hearing)
local inquiry (generally referred to as a public inquiry).
Which procedure is followed will depend to a large extent on the particular cir-
cumstances of the case. Having said that, the Planning Inspectorate is at pains
to point out that the choice of procedure has no bearing on the outcome of the
appeal, which will always depend on i t s planning merits. However, it is worth
considering the following:
The written procedure is generally preferredby the inspectorate and is the most
popular. It is also the simplest, cheapest and quickest method, and is best suited
to relatively minor proposals, such as householder developments, single-build-
ing plots or small groups of dwellings, and changes of use. But it is not suitable for
every appeal, particularly where issues of fact are questioned, as any weaknesses
in the case can only be challenged in writing.
An appellant has a right to be heard before a planning inspector.
A public inquiry may be requested byeither the appellant or the planning author-
ity, or becauseof the complexity of the issues and extent of any third party interest
or local opposition the inspectorate may insist on this in any event.
A public inquiry provides an opportunity to present the evidence in person
before an inspector and to test the evidence presented by the planningauthority
and others through cross-examination. It is the most formal of the procedures
and is similar to a court of law, although less adversarial. Nevertheless, legal
representation may often be appropriate or necessary.The inquiry procedure is
normally only used to examine large, complicated or controversial proposals.
A hearing is more informal and, although questions may be asked, legal rep-
resentation and formal cross-examinationis not normally permitted. Hearings
are suitable for slightly more complex cases that require some explanation, but
where there is little or no third party interest and complex legal, technical or
policy issues are not involved.
In the case of either a hearing or a public inquiry, there is a possibility of costs
being awarded for unreasonable behaviour.
The inspectorate currently aims to determine 80 per cent of appeals within its
target periodsof 16weeks for written appeals, 30 weeks for hearings (22 weeks in
Wales) and 30 weeksfor inquiries (as laid out in The Planning Inspectorate Annual
Report and Accounts 2003-2004). These targets are subject to annual revision.
Time limits
Whichever procedure is chosen, it is essential to ensure that a valid, completed

appeal is lodged within the relevant time limit. For normal planning appeals, this
is six months from:
the date of decision

the end of the eight-week period (in the case of an appeal against non-
determination)
the date when further details were requested in support of an outline application.
In addition, once the appeal has been lodged there is a strict timetable that must
be adhered to, otherwise representationsor other supporting documentation will
be not normally be considered.
Written representations
In England, about 79 per cent of appeals are dealt with by this method (75 per cent
in Wales).
Documentation
Initially, the process involves completing an appeal form and submitting the
following supporting documentation:
A copy of the application to the planning authority.

A copy of the relevant site ownership certificate and ownership details submitted
with the planning application.
A list of, and copies of, all relevant documents, drawings and plans that were part
of the original planning application, including any EnvironmentalStatement.
Copies of any plans, drawings and documents submitted in support of, but not
actually forming part of, the application.
Copies of any additional plans or drawings not previously seen by the planning
authority.
A copy of any decision by the LPA that the application has to be dealt with under
the EnvironmentalImpact Assessment Regulations 1999 (a 'screening opinion').
Copies of all relevant correspondence(including any letters or drawings sent to
the LPA changing the application).
A copy of the planning authority's decision (if issued).
If the appeal relates to a condition, a copy of the original permission.
A plan showing the site outlined in red, including two well-established named
roads.
If the appeal concerns approval of details imposed on an outline permission
(that is, reserved matters),a copy of the original application for outline planning
permission, the plan and the outline permission itself.
The most important part ofthe appeal form is the section that requires the'grounds
of appeal' to be set out. The grounds should be set out in full, and it may be
necessary to do this in a separate document. It is not sufficient to merely con-

tradict the reasons for refusal; each ground of appeal should be supported by a
reasoned argument. If the inspectorate considersthat these are inadequate it will
seek further details, which could delay the processingof the appeal. According to
your experience of such matters and the issues involved, it might be wise to seek
specialist advice from a planning consultant, although this may not be necessary
in simple cases. In any event, it is important to ensure that submissions are clear,
concise and business-like.Avoid extravagant or emotional language, and make
sure that sufficient evidence is put forward to substantiate your claims.
Timetable and the procedure
Once the appeal has been validated,an acknowledgement letter is sent out giving
the name of the case officer and an official starting date for the appeal (the date of
the letter). The letter also sets out the timetable, which is essentially as follows:
Within two weeks from the starting date, the planning authority must submit a
copy of an appeal questionnaire and supporting documents, including relevant
development plan policies, the planning officers report to committee (if there
is one) and copies of correspondence received from third parties. A copy of
these papers is sent to the appellant. The questionnaire will identify whether
the planning authority agrees to the written procedure and whether it intends
to submit a further written statement. If it does (andthis happens in the majority
of cases) there will be an opportunity to comment on it.
Within six weeks of the starting date, the appellant must submit two copies of
any statement detailing the case in support of the grounds of appeal. However,
this cannot be used as an opportunity to introduce new grounds of appeal. If
the planning authority has indicatedthat it will be producing a similar statement
of case, then two copies of this must also be submitted within this period. The
inspectoratewill send each party a copy of the others statement, together with
copies of any correspondence received from interested persons in responseto
the requisite appeal notification procedures.
Within nine weeks, both the planning authority and the appellant must submit
to the inspectorate two copies of any comments on each others statement, or
submissions by interested parties. However, no new evidence may be submit-
ted a t this stage. Any final comments are copied to the planning authority
and appellant.
These deadlines are strictly enforced by the inspectorate and any late submissions
will normally be returned. At the end of this period, the appeal file is sent to the
inspector, who will consider the appeal. Usually, within about 12 weeks of the
starting date, arrangements are made for the inspector to visit the site. If the site
can be seen clearly from a public road and the parties have agreed, the inspector
will do this unaccompanied. However, where it is necessary for the inspector to
view the site from private land, they must be accompanied by the appellant (or
their representative)and someone from the planning authority. If one party fails
to arrive, the inspector will carry out the inspection alone or another visit will be
arranged. Any interested person who has commented on the appeal and wishes
to attend will normally be allowed to do so.
At the site visit, the inspectorwill introduce themselves, check who is present, out-
line briefly the procedure and make sure that the parties agree that the inspector
is dealing with the correct set of plans. It will be stressed that the purpose of the
visit is not to discuss the merits of the appeal or to listen to the arguments from
any of the parties.Where someone fails to adhere to this advice, the inspector will
be quick to intervene or will simply walk away from the person concerned. The
inspector will ask the parties whether there are any physical features on the site
or in the vicinity to which they wish to draw attention, or to confirm any features
referred to in the submissions.Occasionally, an inspector may also lookat the site
from adjoining land (such as from an objectors property), but they will need to
be accompanied by the main parties.
The decision on the appeal
In general, appeal decisions are issued within about five weeks of the inspectors
site visit. Most follow the same format, and will:
summarise the appeal details and decision
discuss briefly any procedural matters
summarise relevant development plan policy
identify the main issues and set out the reasons for the decision
include a note setting out the circumstancesin which the validity of the decision
may be challenged by application to the High Court.
Figure 6.1 (page 100) summarises the main stages in an appeal by the written
procedure.
F IG U R E 6 . I : Stages in an appeal 6y the wrirren procedure
Local Planning
Timetable Appellant Interested persons
Authority (LPA)
Submits form,
Appeal lodged
grounds of appeal Accepts written
within the 6-month
and all supporting procedure or
time limit and
documents to requests hearing or
official starting date
Planning Inspec- inquiry
set by inspectorate
torate and LPA
LPA sends out
questionnaire
Receives the LPA's
Within 2 weeks and supporting
questionnaire and Interested persons
from the starting documents and
any supporting notified of appeal
date notifies interested
documents
persons of the
appeal
Submits 2 copies
of any further
statement to
LPA sends
Within 6 weeks inspectorate. This Interested persons
inspectorate 2
from the starting should deal only send inspectorate
copies of a further
date aith issues raised by any comments
statement
the questionnaire
and any supporting
documents
LPA sends
Sends inspectorate inspectorate 2
2 copies of any final copies of final
comments on the cornment s
Within g weeks LPA's statement and on appellant's
on any comments statement and on
made by interested any comments
persons. No new made by interested
evidence is allowed persons. No new
a t this stage evidence is allowed
at this stage
Normally within 12 weeks of the starting d( !, the Planning Inspectorate notifies partie:
of arrangements for the site visit which may, or may not, be accompanied
Inspector visits site
I In most cases, within 16 weeks, the formal decsision is received and copied to all partier
Source: adapted from PINS guide Making Your Planning Appeal
Hearings
In recent years, hearings have become increasinglypopular and in England about

16 per cent of appeals are dealt with by this method (20 per cent in Wales). But
although a hearing may be requested, it is up to the inspectorateto decide whether
this method would be appropriate bearing in mind how complicated or contro-
versial the case is.
Hearings are more relaxed than public inquiries and less daunting. They are also
quicker and cheaper and involve a structured round table discussion led by the
inspector, based on previously submitted written statements (known as hearing
statements). The discussion may continue on the accompanied site visit. Legal
representation is not normally allowed, and there is no formal cross-examination.
The hearing statement must set out the case that will be put forward at the hearing
and include any maps or plans that will be referredto. In addition, it should include
a list of any conditions or limitations to which the appellant would agree were the
appeal to be allowed. For England, guidance on the format for a statement for
hearing cases may be found a t Annex 2(i) of DETRCircular05/2000:PlanningAppeals:
Procedures (Including Inquiries into Called-In Planning Applications).For Wales, relevant
guidance is set out in National Assembly Circular 07/2003:Planning (and Analogous)
Appeals and Call-in Procedures, which also includes the relevant regulations.
Before the close of the hearing, the inspector will ask whether any party wishes to
make an application for costs.These may be awarded in the case of unreasonable
behaviour, late withdrawal or the submission of late evidence.
If the appellant wishes to rely on a planning obligation, a final draft must be

submitted at least five working days before the date of the hearing and completed
by the time it closes.
The timetable is essentially the same as for the written procedure. A hearing will
normally be arranged within 12 weeks of the starting date.
Local inquiries
Only about 5 per cent of appeals are dealt with by way of a local inquiry (more
commonly known as a public inquiry) and, as an architect, it is unlikely that you
will find yourself taking the lead in such an appeal. In most cases, a solicitor and/or
a planning consultant, probably acting together with counsel, will assume overall
responsibility for managingthe appeal. Nevertheless, from time to time, architects

are requiredto take the stand a t a public inquiry to explain or defend their propos-
als, and it is therefore helpful to understand a little about the process.
There are two different procedures, accordingto whether the appeal is to be decided
by an inspector or by the Secretary of State. In many respects, the early stages of
the process are similar to those for other appeals, although where an expert witness
proposes to read out a statement at the inquiry (in other words, a 'proof of evidence')
this must be submitted at least four weeks before the inquiry. If longer than 1500
words, it should include a summary; usually only the summary will be read out at
the inquiry. Also at least four weeks before the inquiry, a 'statement of common
ground' must be submittedto the inspectorate, detailingthose pointsthat have been
discussed and agreed between the planning authority and the appellant.
At the inquiry, the planning authority will present i t s case first, with the advocate
calling witnesses in turn. Each will present their evidence, either by reading out
the 'summary proof', or by being led through their 'main proof' by the authori-
ty's advocate, examining the evidence briefly and perhaps reading out relevant
extracts or answering specific questions. When this is complete, it is the turn of
the appellant's advocate to cross-examinethe planning authority's witness in an
attempt to test the evidence and expose its weaknesses. When this has finished,
there is an opportunity for the planning authority's advocate to re-examine the
witness in order to clarify any matters that arose during cross-examination.This is
essentially an exercise in damage limitation,with the planningauthority's advocate
attempting to win back or play down any significant concessions made by the
witness. Next, the inspector may ask any questions of the witness.
When the planning authority has finished presenting its case, it is the turn of the
appellant, following the same procedure. If there are interested persons present,
for example objectors or representativesof amenity societies, they will normally be
invited to have their say. The inspector may also allow them to question witnesses
and be questioned themselves.
At some stage in the inquiry there will normally be a discussion on suggested condi-
tions and the terms of any planning obligation that might be under consideration.
Normally, both the appellant and the planning authority will make a closing state-
ment, summing up their respective arguments and highlighting any points won
or lost during the course of the inquiry. The appellant has the final say.
As in the case of hearings, any application for costs should be made before the
close of the inquiry.
Once the inquiry has closed, the inspector will carry out an accompanied site
inspection but, unlike in the hearing procedure, is not able to listen toany further
arguments about the merits of the proposed development. A t this stage, the
inspector will simply be looking at the physical features on or near the site, to
which attention may be drawn by the parties if necessary.
The inspectorate currently aims to decide 80 per cent of appeals by public inquiry
within 30 weeks.
costs
The parties to an appeal are normally expected to meet their own expenses. How-
ever, in the case of a hearing or public inquiry, either the appellant or the LPA can
apply for costs if they feel that the other party has behaved 'unreasonably'. In
addition, interested persons (that is, third parties)can seekan award of costs where
a hearing or public inquiry has been cancelled at a late stage because of some
unreasonable behaviour on the part of the appellant or planning authority, thus
involving unnecessary expenditure in preparing for the appeal. Only in exceptional
circumstances are third parties otherwise likely to be involved in making or facing
a claim for costs.
Except for enforcement notice and lawful development certificate appeals, an

application for costs cannot be made where an appeal is dealt with by exchange
of written representations.
Costs awards are not dependent on the outcome of the appeal. Simply because an
appeal succeeds does not mean that the appellant is entitled to recover expenses.
Conversely, if the appeal fails the appellant would be liable for paying the LPA costs.
An application for costs will not influence the decision on the appeal, although
there are some practitionerswho consider that, in some circumstances, the overall
planning case is strengthened by such a claim.
Applications for costs are dealt with separately from appeal decisions, and are
usually considered at the end of the process. For an application to succeed, it must
be made at the appropriate time, and one party must have behaved unreasonably
and put the other party to an unnecessary expense.
Examples of unreasonable behaviour
Examples of unreasonable behaviour include the following (the l i s t is not

exhaustive):
On the part of the LPA
Failure to substantiate reasons for refusal (or those that would have been given
had the application been determined) or failure to make a decision.
Refusing an application that accords with development plan policies, unless
substantial evidence is providedto show other material considerationssupport-
ing such a refusal.
Refusing an application on the grounds of prematurity without demonstrating
how the emerging plan would be prejudiced.
Imposing unreasonable conditions, or failing to consider the possibility of condi-
tions or planning obligations as an alternative to refusing permission.
Inhibiting or delaying a development that could reasonably have been permitted.
Failing to comply with relevant appeal procedures, resulting in the hearing or
inquiry being adjourned, unnecessarily prolonged or cancelled.
Failure to take proper account of national planning advice and guidance or
relevant judicial authority.
Failure to take proper account of any relevant recent appeal decision or planning
permission where there has been no material change in circumstances.
Refusing permission or reserved matters approval because of issues more appro-
priate to, or settled at, the outline stage without good reason.
Making unreasonable demands for infrastructure provision or planning
obligations.
Failure to renew a recently expired or extant planning permission, where there
has been no material change in circumstances.
Misapplying policies, applying out-of-date policies or attaching too much weight
to emerging policies.
Seeking to control the detailed design of buildings, unless this is justified by the
locational characteristics of the proposed development.
Refusing permissionagainst professional or technical advice given by officers or
statutory bodies or consultees, unless there are reasonable planning grounds
for doing so.
At a late stage introducing an additional reason for refusal or withdrawing a
reason for refusal.
Refusing an application on the grounds of local opposition, unless it is founded

upon valid planning reasons that are supported by substantial evidence.
Refusing an application on the grounds of insufficient details, where these have
not been sought.
Failing to exercise discretion in enforcement proceedings
Issuing an enforcement notice where it was not expedient to do so and there is
no significant planning objection to the alleged breach of control.
In certain circumstances, the withdrawal, or late withdrawal of an enforcement
notice, or its incorrect drafting.
Failure to discuss the application or the development alleged in an enforcement
notice, or to provide reasonably requested information, where this would have
avoided the need for an appeal.
Failure to undertake adequate investigationsof fact prior to serving an enforce-
ment notice.
On the part of the appellant
Failure to comply with procedural requirements, causing a hearing or inquiry to

be adjourned, unnecessarily prolonged or cancelled.
Late withdrawal of the appeal or grounds of appeal.
Deliberately uncooperative behaviour.
Failing to provide the required information in support of the appeal.
Introducing new grounds of appeal or issues late in the proceedings.
Persisting with an appeal where it is clear this would prejudice the outcome of
the development plan process.
Pursuing an appeal for development that is identical or very similar to that which
has recently been dismissed on appeal in respect of the same site, or which flies in
the face of national planning policies and has no reasonable chance of success.
Failure to attend the hearing or inquiry.
Only a relative small percentage of claims for costs succeed, such is the general
reluctance of inspectors to penalise parties except in the most clear-cut of cases.
Sometimes, a partial award of costs may be made.
The decision on an application for costs is made a t the same time as the appeal
decision. Neither the Secretary of State nor inspectors determine the amount of any
costs payable, which do not include any compensation for indirect losses suffered,
for example as a result of the delay in obtaining permission. It is therefore up to
the parties to the appeal to negotiate these. Where agreement cannot be reached
on the amount of the award, the matter must be referred to a taxing officer of the
Supreme Court for resolution.
Further information on appeal costs can be found in DOE Circular 8/93: Costs in
Planning and Other Proceedings (in Wales, WO Circular 23/93).
Challenges: statutory and judicial review
Statutory review
In effect, an appeal decision is final unless successfully challenged through the

courts - this procedure is known as statutory review. However, such a challenge
cannot be mounted simply because someone is unhappy with the outcome. It is
necessaryto demonstrate, for example, that an inspector has failed to give adequate
reasons for the decision or to consider a matter that ought to have been taken
into account. Basic errors, such as failing to comply with relevant requirements or
exceeding statutory powers, misinterpreting relevant legislationor policy guidance,
or misunderstanding the application in some fundamental way, are also grounds
for a challenge. If the challenge is successful, the decision will be quashed and
the case remitted to the Secretary of State for redetermination. But that does not
necessarily mean that the original decision will be reversed (althoughin some cases
it will), rather that in the new decision the defect will be corrected.
Statutory challenges may only be made by a person aggrieved by the decision,

which can include not only the appellant but also, in the case of an appeal that
has been allowed, third parties and the LPA.
Applications to the High Court for leave to challenge an appeal decision must be
made within six weeks from the date of decision. Because of the complexity and
financial consequences of embarking on such a course of action, legal advice
should always be sought beforehand.
Judicial review
Although there are significant differences, there is a similar right to challenge the
decision of an LPA on a point of law. This is known as judicial review. Because
this procedure is rarely appropriate where the right of appeal exists against a
planning refusal, a judicial review is normally only brought by a third party against
a planning approval. As with the statutory review, leave to pursue the challenge
must be granted by the courts and the applicant must establish sufficient locus
standii (that is, the right to take action or be heard by a court). An application for
a judicial review must be made promptly, and in any event within three months;
anyone considering such action should therefore take legal advice as soon as it is
known that an application is likely to be, or has been, approved.
Complaints to the council or Ombudsman
Both the Planning Inspectorate and LPA have procedures for dealing with com-
plaints about the way in which an appeal or application has been handled.
In serious cases, where an applicant or appellant feels that they have been treated
unfairly through maladministration or have had problems in obtaining access to
official information, it might be necessary to consider making a complaint to:
In the case ofthe Planning Inspectorate, the Parliamentary Ombudsman (also

called the ParliamentaryCommissioner for Administration). The Parliamentary
Ombudsman cannot be approached direct and will only deal with a matter
once it has been referred by an MP. Although able to make various recom-
mendations, the ParliamentaryOmbudsman is not able to alter the inspectors
decision in any way.
In the case o f a local planning authority, the Local Government Ombudsman
(there are separate ombudsmen for England and Wales). Complaints must be
about maladministration, but only where this has caused significant injustice
to the complainant (this includes financial loss or other hardship). The Local
Government Ombudsman will not consider a complaint if the injustice is not
great enough to justify an investigation, or where the matter is the subject of a
planning appeal or review by the courts.
Maladministration covers such things as:
unreasonable delay
failure to adhere to the authoritys own rules or the law
bias
the use of improper considerations
the giving of wrong information
but the actual merits of any decision will not be investigated. The procedures in
England and Wales differ only slightly.
In England, before the Ombudsman can investigatea complaint, the council must
first be given a reasonable opportunity to deal with the matter. This is normally
done through a councillor. Complaints must be made within 12 months of the
matter becoming known and in writing, with supporting documentation. The
Ombudsmanwill notify the council of the complaint, and invite itscomments,and
where appropriate carry out an investigation and producea report and recommen-
dation. Councils are not obliged to accept the Ombudsmans recommendations,
but in nearly every instance they will.
In successful cases, recommended remedies can includethe council having to make

paymentsto the complainant (for example, where some loss in property value has
resulted),together with meeting the costs of pursuing the complaint. It should be
noted, however, that as the Ombudsman does not consider that it is usually necessary
to use a professionaladvisers services in order to make a complaint, it is unlikely to
ask the council to pay such fees, other than in exceptional circumstances.
For further information, visit www.lgo.org.uk (the Commissionerfor Local Admin-

istration in England), or www.ombudsman-wales.org (the Commissionerfor Local
Administration in Wales).
Human rights
Since the principles ofthe European Conventionon Human Rights were enshrined
within the Human Rights Act 1998, which came into force in October 2000, it is
sometimes argued that the planning system has violated an individuals human
rights in one way or another. Typically, these arise in traveller caravan site cases
cases and from claims that there has been a breach in:
Article 1 of the First Protocol, which deals with the peaceful enjoyment of ones
possessions and protection of property
Article 8, which confers a qualified right to respect for private and family life and
for the home.
However, on appeal to the Secretary of State or in the European Court, claims that
there has been a violation of a persons human rights have rarely succeeded, and only
where the interference in the right of the individual concerned is not outweighed
by the wider public interest, such as the preservation of the environment.
1 - SUMMARY - 1
A planning appeal should be an act of last resort and be considered only
when all else has failed.
Appeals are made to the Secretary of State, but will be handled by the
Planning Inspectorate- transferredjurisdiction allows inspectors to make
appeal decisions (although in some circumstances the Secretary of State
may recover jurisdiction and decide the appeal).
Applicants may appeal against a decision in full, certain part of a decision
(such as the application of conditions) or the lack of any decision.
Before lodging an appeal, make sure you fully understand the reasons
behind the decision-talk to the planning officer to gauge how strong the
opposition is and assess whether it would be possible to overcome this
through a revised proposal. Make sure you consider all the implications
of going through the appeals process.
An appeal may be dealt with by written representations, a hearing or a
public inquiry - although only relatively few are considered at a public
inquiry.
The procedurefor each type of appeal is formally established - make sure
you follow the procedure and the strict time limits laid down.
If your actions during an appeal are deemed unreasonable, you may be
liable for paying costs!
In addition to the planning appeals process, a decision may be challenged
through statutory or judicial reviews, although these only apply in special
circumstances, generally related to the conduct of an appeal rather than
the merits of a planning decision. In some cases, the Ombudsman may be
approached if you are dissatisfiedwith the performance of the planning
authority or inspector.
Section 7
Before commencing
deveIopment, c hanges
and breaches of
planning control
Before you start
A permission will lapse unless development is started within the specified time
limit. The courts have ruled that the commencement of development includes
various operations, such as certain site clearance and ground works.
But before development is commenced, it is essential to check that all relevant

planning conditions have been complied with. Failure to comply with any condi-
tion that requires something to be done before building work starts (these are
known as a 'condition precedent'or 'pre-condition') can result in a failure to keep
the permissionalive. This means that the entire development is unauthorised, and
exposes the risk of enforcement action with the potential for the complete loss of
the permission if it was for a development allowed in circumstances or against a
policy background that no longer applies.
Changes
It is quite common, once permission has been granted, for developments to change
during construction: in response to the altered requirementsof the client, the need
to satisfy statutory codes (such as building or fire regulations) or simply because of
some consideration or oversight on the part of the builder. In other cases, devel-
opment might proceed with no permission at all, either unwittingly because it is
incorrectly assumed that permission is not required, or sometimes in a deliberate
111
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attempt to flout the system. However, while it is not a criminal offence to carry out
development without first obtaining the necessary authorisations (other than in
certain cases, including where listed building, conservationarea or Tree Preservation
Order (TPO) consent is required), generally this is not a good idea and may cause
significant problems when valuing or trying to dispose of the land concerned.
Minor changes to a permission can often be dealt with quite simply by sending
a letter and a copy of the revised drawings to the planning officer who handled
the application, who will normally consider the matter under delegated powers.
However, where the changes are significant it will be necessary to submit a revised
planning application. The decision on this is entirely at the discretion of the rel-
evant planning officer. In addition, as explained earlier, Section 73A of the 1990
Act specifically enables an application to be made retrospectively to regularise
an unauthoriseddevelopment, although this cannot be done in the case of listed
building or conservation area consent.
Breaches of planning control
Local planning authorities (LPAs) are equipped with various powers to remedy
serious breaches in planning control:
The power to serve a planning contravention notice where it appears that there
has been a breach of planning control and the planningauthority requires further
information about activities on the land and details of ownership/occupation.
In effect, this is often a shot across the bows.
The power to serve an enforcement noticeto require certain steps to be taken
to remedy any breach of planning control or for specified activities to cease
within a stated period for compliance.
The power to serve a breach of condition notice where there is failure to comply
with any condition or limitation imposed on a grant of planning permission.
The period for compliance is normally 28 days unless a longer period is agreed.
Failure to comply is a finable offence.
The ability to seek a court injunctionto restrain any actual or expected breach
of planning control.
The power to serve a stop notice, or a temporary stop notice for a period of 28
days, to prohibit the use of land, for example as the site for a caravan occupied
as a persons only or main residence, and to make a stop notice immediately
effective where special reasons justify it.
Section 7: Before commencing development,changes and breaches ofplanning control 113
Powers are also available to enforce against breaches of the special controls relating
to listed building, conservation area, TPO, hedgerow and advertisement regula-
tions and other consents.
LPAs have a general discretion to take enforcement action when they consider it
expedientto remedy a breach of control that would cause serious harm to public
amenity or some other interest of acknowledged importance. They should not
therefore instigate formal enforcement proceedings against a minor breach of
control that causes no harm to local amenity. In addition, any enforcement action
should always be proportionate to the breach of planning control and follow
efforts to persuade the owner or occupier of the site to voluntarily remedy the
harmful effects of unauthoriseddevelopment, including where it might be made
acceptable by the imposition of conditions, inviting the submission of a planning
application. Local authorities are encouraged to exercise particular care when
consideringenforcement proceedings against small businesses, the self-employed
and private householders.
There are potentially significant penalties for contravening the requirements of

an effective enforcement notice or the prohibition in a stop notice. Following suc-
cessful prosecution in the courts, a convicted person can be fined up to f20,000,
and the extent of such a fine will take into account any financial benefit that has
accrued, or appears likely to accrue, as a consequence of the offence.
Appealing against enforcement action
While there is a right of an appeal in the usual way against an enforcement notice,
no similar appeal can be made to the Secretary of State (or National Assembly for
Wales) against a breach of condition notice, stop notice or injunction. Where an
appeal against an enforcement notice is contemplated, bear in mind:
anyone with a legal interest in the land which is the subject of the notice is
entitled to appeal (that is, owner, tenant, etc.)
the completed appeal must be lodged before the notice takes effect (this is
usually 28 days after it has been served)
once the appeal has been lodged, the notice is suspended pending its outcome
it is possible to appeal on various legal and planning grounds, and thus it is
advisable to seek the advice of a planning consultant or planning solicitor
the appeal includes a deemed application for planning permission
a fee is normally payable to both the Planning Inspectorate and the LPA
in certain circumstances, costs may be awarded where one party to the appeal
has behaved unreasonably.
There are time limits for taking enforcement action against breaches in planning
control, after which the development becomes immune from such proceedings.
In short, these are:
operational development (see Section 5 Is permission necessary? page 45 for a

definition) -four years from the date that these were substantially completed
change of use to a single dwellinghouse-four years from the date of the breach
in control
all other breaches of planning control, including other material changes in the
use of land -ten years.
However, there are no time limits for issuing listed building or conservation area
enforcement notices.
Further general information on enforcement may be found in Planning Policy Guid-

ance 18: Enforcing Planning Control, issued in December 1991, and more detailed
advice in DOECircular 10/97:Enforcing Planning Control.
SUMMARY
Planning permission may lapse if development does not commence

within the specified time.
Before commencing work, ensure that all relevant planning conditions
have been complied with.
If plans have changed in any way from those submitted for planning
permission, make sure that your planning officer has been informed - a
revised planning application may be required.
Local planning authorities are empowered to remedy breaches in plan-
ning control - make sure you understand what actions may constitute
a breach.
You may have grounds to appeal against enforcement action - but get
professional advice before you do!
I SOME F I N A L THOUGHTS I
For any architectural practice, large or small, stepping into the plan-
ning maze can prove to be a daunting experience, never more so than
during the first few years in the life of the new 2004 Planning Act and
associated emerging reforms, when we are all feeling our way up a
steep learning curve.
We hope that this guide will help, and we are sure that you will not fall
into the biggest trap: that having read the guide through cover to cover
you think you know it all! Beware, there will still be a few blind alleys
ahead and unseen pits to trip into. It therefore makes good sense to cul-
tivate a working relationship with a local planning consultant to whom
you can go for additional help, advice and guidance. After all, you would
not attempt brain surgery all by yourself using only a surgeons do-it-
yourself kit. And by now, you will have realisedthat involvement in the
planning process can be just as complicated and perilous, and perhaps
for some of your clients who are faced with a planning refusal the effect
could appear just as fatal.
In the preface, we warn of the need to monitor the continuing changes

to the planning system. Whether they are major or minor, the implica-
tions of these tweaks will be significant. So it is vital that you keep your
eye on the ball and stay up to speed. As we have already pointed out,
constant change is the steady state. This is especially true in todays
complex planning world.
115
Appendix A
Main sources of further information and assistance
National planning policies and guidance
Note: most of following may be downloaded from the website of the Office of
Deputy Prime Minister (ODPM) a t www.odpm.gov.uk (for English policies and
guidance) and the National Assembly for Wales at www.wales.gov.uk (for Welsh
policies and guidance).
For England
These are the current Planning Policy Statements (PPSs)
PPS1: Delivering Sustainable Development (2005)

PPSG: Planning for Town Centres (March 2005)
PPS7 Sustainable Development in Rural Areas (2004)
PPS9: Biodiversity and Geological Conservation (August 2005)
PPS10: Planning for Sustainable Waste Management (July 2005)
PPSll : Regional Spatial Strategies (2004)
PPS12: Local Development Frameworks (2004)
PPS22: Renewable Energy (2004)
PPS23: Planning and Pollution Control (2004)
These are the current Planning Policy Guidance notes (PPGs)
PPG2: Green Belts (January 1995)

PPG3: Housing (March 2000)* see note below
PPG4: Industrial, Commercial Development and Small Firms (November
1992)
PPG5: Simplified Planning Zones (November 1992)
PPG8: Telecommunications(August 2001)
PPGl2: Development Plans (1999)
117
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PPG13: Transport (March 1994)

PPG14: Development on Unstable Land (April 1990)
PPG15: Planning and the Historic Environment (September 1994)
PPG16: Archaeology and Planning (November 1990)
PPG17: Planning for Open Space, Sport and Recreation (July 2002)
PPG18: Enforcing Planning Control (December 1991)
PPG19: Outdoor Advertisement Control (March 1992)
PPG2O: Coastal Planning (September 1992)
PPG21: Tourism (November 1992)
PPG24: Planning and Noise (September 1994)
PPG25: Development and Flood Risk (July 2001)
* The Barker Review of Housing Supply report, Delivering stability: Securing our
future housing needs (March 2004), made a number of recommendations rel-
evant to the planning system, in particular i t s ability to release land for housing
effectively. Planning was considered a key constraint to the delivery of land for
housing and the need for a revision to PPG3 was stated to be a priority. The
Government has announced its intentions to consult on a new draft PPS3 in
Autumn 2005. In the meantime, it has published a consultation paper, Planning
for Housing Provision (July 2005) which sets out the Governments objectives
for delivering a better supply of housing through the planning system and the
results of the consultation exercise will be an important input to the new PPS.
The Government has also made clear that it will respond to the other recom-
mendations in the Barker Review by the end of 2005.
For Wales
These documents are part of a series of Technical Advice Notes (Wales) (TANS)
which supplement Planning Guidance (Wales):Planning Policy (March 2002).
TAN1: Joint Housing Land Availability Studies (October 1997)

TAN2: Planning and Affordable Housing (1996)
TAN3: Simplified Planning Zones (1996)
TAN4: Retailing and Town Centres (1996)
TAN5: Nature Conservation and Planning (1996)
TAN6: Agricultural and Rural Development (June 2000)
TAN7 Outdoor Advertisement Control (1996)
TAN8: Renewable Energy (2005)
Appendix A 119
TAN9: Enforcement of Planning Control (1997)

TAN10: Tree Preservation Orders (1997)
TAN11: Noise (1997)
TAN12: Design (2002)
TAN13: Tourism (1997)
TAN14: Coastal Planning (1998)
TAN15 Development and Flood Risk (2004)
TAN16: Sport and Recreation(1998)
TAN18: Transport (1998)
TANl9: Telecommunications(2002)
TAN20: The Welsh Language - Unitary Development Plans and Planning
Control (June 2000)
TAN21: Waste (November 2001)
RegionalSpatial StrategylPlanningGuidance (England only)
RPGIRSS1: Regional Planning Guidance for the North East to 2016

RPG3: The London Plan Strategic Guidance for London
RPG3b19b: Strategic Planning Guidance for the River Thames (1997)
RPG6lRSS14: Regional Planning Guidance for East Anglia to 2016
RPGlRSS8: Regional Planning Guidance for the East Midlands (2002)
RPGIRSS9: Regional Planning Guidance for the South East Region (2001)
RPG9A: Thames Gateway (2003)
RPG10: Regional Planning Guidance for the South West (2001)
RPG11: Regional Planning Guidance for the West Midlands to 2021 (2004)
RPGlRSS12: Regional Planning Guidance for Yorkshire and The Humber (2001)
RPGlRSS13: Regional Planning Guidance for the North West (1996)
Useful reference sources
Two indispensable works for anyone proposing to become heavily involved in

planning matters are:
Encyclopaedia of Planning Law: an exhaustive seven-volume reference work
published by Thomson Sweet & Maxwell, which is also available on CD-rom.
Visit www.sweetandmaxwell.co.uk
Development Controlfractice: a five-volume reference work published by Devel-
opment Control Services Ltd that is also available on a searchable CD-rom. Go
to www.PlanningResource.co.uk
Development Control Services Ltd also maintains a very large computer database
of appeal decisions (over 123,000) known as COMPASS, which may be searched,
for a fee, and selected copies acquired.
If you want a standard textbook to supplement the advice in this guide, try:
A PracticalApproachto Planning Law by Victor Moore (9th edn) Oxford University

Press (2005).
An inexpensive way to keep abreast of information on current and proposed

planning legislation and guidance is to subscribe to Planning Legislation Update,
published quarterly by e-mail by Peter Hakes, Chartered Town Planner and Envi-
ronmental Consultant, in association with Anglia Polytechnic University. Go to
http://phplanning.mysite.wanadoo-members.co.uk
Planning is the weekly magazine for planning practitionersand is the officialjournal

of the Royal Town Planning Institute (RTPI). Subscriptions are also available to
non-members. In addition to having a comprehensive news section, it includes
Development Control Casebook, a digest of interesting and significant planning
appeals decisions, court challenges and ombudsman cases. There is also a forum
where readers queries on practical points are answered. Many of the magazines
features, reports mentioned in its news stories and cases reported in the casebook
section are available on www.PlanningResource.co.uk
Regeneration andRenewal is another magazinethat includes relevant news stories

and features. Go to www.regen.net
The RTPl Library and Information Service (RTPI-LIS) includes a reference-only

library collection of publications on planning-related topics, mainly post-1990,
including a wide-ranging collection of current UK Local Plans and 100 current
periodicals. The online catalogue includes details of library holdings (excluding
current legislation), a comprehensive index to journal articles and details of RTPl
publications and policy statements since 1914. The library operates an enquiry
service, including the compilation of subject reading lists, and can offer advice
on alternative sources of information as required. Contact library@rtpi.0rg.ukor
phone 020 7929 9452/9485.
A very comprehensive bibliography of reference sources and websites may be

found a t the University of Nottinghams Online Planning Resources (www.not-
tingham.ac.uk/sbe/planbiblios).
Appendix A 121
The Campaign to Protect Rural England (CPRE) publishes a series of low cost, easy-
to-understand guides and leaflets, and while aimed at campaigners, these will be
of interest to others engaged in the planning process. Their publication list may
be viewed at www.cpre.0rg.uk
e-Planning and the Planning Portal
In support of the Governments planning reform agenda, an e-Planning Team

was set up recently as part of the ODPM to develop an e-Planning vision and to
lead the effort to ensure that local planning authorities and other agencies are
e-enabled. One of i t s main components is the Planning PortaLThis was originally
set up by the Planning Inspectorate in May 2002 and is an electronic one-stop
shop that provides information on all aspects of the planning system in England
and Wales, where you can:
learn about the planning system
apply for planning permission online
find out about development in your area
appeal against a planning decision
research the latest government policy.
Visit www.planningportal.gov.uk
Although currently incomplete, the Planning Portal is being developed alongsidethe

so-called Planning Casework Service, which will allow the Planning Inspectorates
customers to submit, view and make representations on planning appeals and
other cases online through the Planning Portal. It complementsthe work of PARSOL
(Planning and Regulatory Services Online), which aims to assist local authorities in
building effective and transparent online planningand regulatory services. PARSOL
deliversa range of guidelines, standards, schemes, systems and toolkits to help local
authorityteams providefaster, more efficient and accessible planning services. More
information can be found on its website at www.parsol.gov.uk
Planning Aid
Planning Aid is a free, voluntary service, offering independent professional advice

and assistance on town planning matters. It is aimed at individuals, community
groups and other voluntary groups who cannot afford to pay for commercial
consultancy services. It can help people with their own planning applications or
to comment on other people's applications. It is not a substitute for the services

provided by local planningauthorities, or for the services of a professionalplanning
consultant. For information, contact the RTPl at www.rtpi.0rg.uk
Useful websites
There is a plethora of useful websites dealing with planning-relatedmatters.Here are
just a few (these are grouped by subject area and not necessarily alphabetically):
rn Ofice of the Deputy Prime Minister (ODPM): www.odpm.gov.uk

The Planning Directorate of the ODPM is responsible for the system of town
and country planning, while the Government Offices for the Regions are closely
involved in the preparation of regional guidance.This site includes details of cur-
rent national planning policy and related planning information and guidance.
rn National Assembly for Wales:www.wales.gov.uk
This site functions in much the same way as the ODPM site for England and
includes current Welsh planning policy and guidance.
rn Royal Town Planning Institute: www.rtpi.0rg.uk
The RTPl is the professional institute for town planners. The site provides access
to the Planning Consultants Referral Service, a free service providing a suitable
list of firms to assist with town planning matters, the Library and Information
Service and has good links to other sites.
rn Online Directory of Planning Consultants:www.rtpiconsultants.co.uk
rn The Planning Inspectorate: www.planning-inspectorate.g0v.uk
In addition to publishinga number of very helpful guides to the different appeals
that can be lodged, this site has a useful selection of links to other sites.
rn Planning Magazine: www.planningresource.co.uk
rn RIBANER www.ribanetconference.com
This is an online conferencing facility for RlBA members. They can register free
at this site. By August 2002,3500 members were connected. Included is a 'Plan-
ning' topic area. Members discuss individual planning issues and share their
experiences of dealing with local planningauthorities.For example: enforcement
requiringthe removalof PVC windows and their replacementwith timber framed
windows in a listed building.
rn Online planning aid service: www.planning-applications.co.uk
This is not an official RTPl sponsored Planning Aid site, but goes under the RlCS
banner.
AppendixA 123
Oultwood: www.oultwood.com
An index to local government sites.
The Princes Foundation: www.princes-foundation.org
This site has an extensive list of links to architecture and planning-related web-
sites.
British Urban RegenerationAssociation: www.bura.0rg.uk
Civic Trust: www.civictrust.org.uk
m Commissionfor Architecture and the Built Environment (CABE): www.cabe.0rg.uk
CountrysideAgency: www.countryside.gov.uk
Department for Culture,Media and Sport: www.cu1ture.gov.uk
English Heritage: www.eng/ish-heritage.0rg.uk
An excellent range of services and publications is available here.
CADW (Welsh Historic Monuments): www.cadw.wales.gov.uk
The Welsh equivalent of English Heritage.
Department for Environment, Food and Rural affairs: www.defra.gov.uk
m Department for Trade and Industry: www.dti.g0V.uk
English Historic Towns Forum: www.ehtforg.uk
English Nature: www.english-nature.0rg.uk
w English Partnerships:www.englishpartnerships.co.uk
EnvironmentAgency: www.environment-agencY.g0v.uk
Government Offices for the Regions: www.government-officeS.g0v.uk
Health and Safety Executive: www.hSe.g0v.uk
Her Majestys Stationery Office (HMSO):www.hmso.gov.uk
A good place to look for legislation, statutory instruments, etc.
British and Irish Legal Information Institute: www.bailii.org
Useful site for recent legislation and court cases.
Highways Agency: www.highways.gov.uk
The Institution of Civil Engineers: www.ice.0rg.uk
Landscape Institute: www.1-i.0rg.uk
Law Society: www.1awsoc.org.uk
Local GovernmentAssociation: www.lga.gov.uk
National Playing Fields Association: www.npfa.co.uk
Aims to protect and improve playing fields. Publications include the SixAcre
Standard, which sets out widely accepted minimum standards on open space
and play provision.
The Lord ChancellorsDepartment: www.lcd.gov.uk
rn Ordnance Survey: www.ordsvy.gov.uk

Main supplier of maps for planning applications, etc.
Parish Councils Association: www.parishcouncils.net
Includes a directory of councils, discussion forum and FAQs, which are often
planning related.
rn Planning Exchange: www.planex.co.uk
rn The Planning Officers Society: www.planningofficers.org.uk
rn Royal Institute of British Architects: www.architecture.com
rn Royal Institution of Chartered Surveyors: www.rics.0rg.uk
rn Resource for Urban Design Information (RUDI): www.rudi.net
rn Sustainable Development Commission:wwwsd-commission.org.uk
The Governments independent body on sustainable development. See also
wwwsustainable-development.gov.uk for further details of the Governments
approach.
rn Town and Country Planning Association: www.tcpa.0rg.uk
rn The Commissioner for Local Administration in England (Ombudsman):
www.lgo.org.uk
The Commissioner for Local Administration in Wales (Ombudsman):
www.ombudsman-wales.org
rn The Parliamentary Commissioner for Administration (PCA):
www.ombudsman.org.uk
Urban Design Alliance (UDAL): www.udal.org.uk
Appendix B
The Town and Country Planning (GeneralPermitted Development)Order

1995: Schedule of Permitted Development
(Refer to Order for provisions)

1. Development within the curtilage of a dwellinghouse
2. Minor operations
3. Changes of use
4. Temporary buildings and uses
5. Caravan sites
6. Agricultural buildings and operation
7. Forestry buildings and operations
8. Industrial and warehouse development
9. Repairs to unadopted streets and private ways
10. Repairs to services
11. Development under local or private Acts or orders
12. Development by local authorities
13. Development by local highway authorities
14. Development by drainage bodies
15. Development by National Rivers Authority
16. Development by or on behalf of sewerage undertakers
17. Development by statutory undertakers
18. Aviation development
19. Development ancillary to mining operations
20. Coal mining development by the Coal Authority and licensed operators
21. Waste tipping at a mine
22. Mineral exploration
125
23. Removal of material from mineral-working deposits

24. Development by telecommunicationscode system operators
25. Other telecommunicationsdevelopment
26. Development by the Historic Buildings and Monuments Commission for
England
27. Use by members of certain recreational organisations
28. Development a t amusement parks
29. Driver information systems
30. Toll roads facilities
31. Demolition of buildings
32. Schools, colleges, universities and hospitals
33. Closed circuit television cameras
Note: for an online interactive guide to Permitted Development, visit

www.planning-app1ications.co.uk (a commercial website).
Appendix C
Town and Country Planning (Use Classes) Order 1987, as amended:

Summary of Use Classes
Refer to Order and ODPM Circular 03/2005 for details and guidance on restrictions.
A1 Shops: including retail warehouses, hairdressers, undertakers,travel and ticket

agencies, post offices, domestic hire shops, sandwich bars, internet cafes and
some coffee shops, etc., but excluding amusement centres, laundrettes, motor
fuel, motor vehicles and car hire, and the sale of hot food.
A2 Financial and professional services: including banks, building societies,
estate and employment agencies, betting offices, professional and financial
services, etc. but excluding health and medical services.
A3 Restaurants and cafes: where the primary purpose is the sale and consump-
tion of food and light refreshmentson the premises.
A4 Drinking establishments: pubs and bars where the primary purpose is the
sale and consumption of alcoholic drink on the premises.
A5 Hot food takeaways
61 Business: (a) offices not within A2

(b) research and development
(c) light industry
being a use that can be carried out in any residential area 'without detriment
to the amenity of that area by reason of noise, vibration, smell, fumes, smoke,
soot, ash, dust or grit'.
127
B2 General industrial: industrial processes not falling within class B1.
B8 Storage and distribution
C1 Hotels
C2 Residential institutions: including residential accommodation where a sig-

nificant element of care is provided such as nursing homes and hospitals.
Residential schools, colleges and training centres also fall within this class.
C3 Dwellinghouses: includes not more than six residents living together as a

single household (including where care is provided) and communal housing
for elderly or handicapped, unless a significant element of care is provided.
D1 Non-residential institutions: includes clinics, health centres, creches, day

nurserieskentres, non-residential schools, education and training centres,
museums, public halls, libraries, art galleries, exhibition halls, places of worship
and church halls.
02 Assembly and leisure: includes cinemas, casinos" (see note below), concert,
bingo, dance and sports halls, swimming baths, skating rinks, gymnasia, other
indoor or outdoor sports or recreations,excluding motorised vehicles or fire-
arms.
Sui generis uses: These are uses that do not fall within any specified class and
include:
retail warehouse clubs

theatres
amusement centres
laundrettes
the sale of motor fuel
car showrooms
car hire
taxi businesses
scrapyards
hostels and houses in multiple occupation (HMOs)
nightclubs.
Appendix C 129
Note:the Use Classes Order (UCO) provides that a move between activities within
the same class is not development and therefore does not require planning per-
mission.The Town and Country Planning (GeneralPermitted Development)Order
1995 (as amended) (GPDO)also specifies certain moves between the use classes as
'permitted development', thus not requiring express planning permission.
* In July 2005 the Government issued a consultation paper Possible Changes to

fhe Use Classes 0rder;Casinos in order to tighten up planning controls over such
uses.
i
Appendix D
Policy documents you should check prior to submitting a planning

application
National planning policies and guidance in PPSs, PPGs and TANS(Wales only)
Regional Planning Guidance/Regional Spatial Strategies
Old-style Structure Plans, Unitary Development Plans and Local Plans
New-style Local Development Documents and any Area Action Plan (AAP)
Supplementary Planning Documents
Note: a t local level, the starting point should be the planning authoritys Local
Development Scheme.
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Appendix E
Making better planning applications - EHTF guide
133
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This guide will help everyone who is involved in Answers to all these topics should be available at the
making planning applications, particularly for reception desk of your local planning department.
those wishing to extend an existing dwelling, or Some of the information may also be available on
your local authority's website.
build one or two houses. Additionally it will be of
use for developers of housing estates or commercial
property. Obviously the level of detail required will
vary accordingly, but the fundamental principles
will remain the same. The guidance will be
particularly relevant to applications within historic
towns, conservation areas, or sites close to listed
buildings, however it can be applied anywhere.
In order to give yourself the best possible chance of gaining
planning permission, it is essential that you present your
proposals fully, clearly and accurately. Failure to do so
will result in your scheme being delayed to await further
information or being refused, which could cost you time and
money.
Unless you have the training or experience in architectural
design and a clear understanding of building construction,
it is advisable to employ the services of a qualified architect,
surveyor or planning consultant to act on your behalf as Early consultation with the Planning Authority
your agent. is advisable if passible.
Giving your application the best chance of success involves

more than filling out a form and submitting a few drawings.
The following steps should help you, or your agent, avoid Seek informal advice from the
common mistakes and omissions, which can result in the planning officer before
delay or misunderstanding of your application. submitting an application
Assess all the available information and consider
arry out your own research whether your scheme is feasible. If you consider it is,
then the next step is to contact the planning officer
The work carried out before a formal application who covers the area where your site is located. You
is made is invaluable. Try to find out the following can then discuss your project informally, before
before you contact a planning officer: working up the proposals in detail. (Please note that
not all local authorities have the resources to provide
0 Relevant policies covering your site in the local
this service.)
development plan, including any constraints, such
as risk of flooding. Early dialogue will help to identify any special
* Plonning history in terms of previous planning constraints, such as highway issues, which were not
applications or appeals. revealed in your initial research. These issues and
any policy constraints may influence the viability of
Advice in the form of Government Planning Policy
your scheme.
Guidance or Statement (PPG or PPS) notes or local
supplementary planning guidance (SPG). These discussions can also establish the type of
Relevant leaflets or guidance notes, such as supporting information that will help the Council
planning briefs. and other groups to assess the application. A site
and setting analysis and design statement should
0 If the site is in a conservation area, has a
be considered for all sites, but will be particularly
Character Appraisal been published?
important for sites in conservation areas or close to
0 Is your building 'Listed' as being of special listed buildings. It would be useful to discuss your
architectural or historic interest? outline proposals with your neighbours.
0 The character of the surrounding area. This
Prepare a site and setting analysis should include, for example, land use, landscape,
the form, density, height and scale of any
Although the level of detail will vary, a site and setting development, together with any architectural
analysis is just as important for a small infill site as details such os the design of windows, doors,
it is for a large development. This should include a verges, roof pitches, porches, plinths, chimney
factual record of the site and the surrounding are0 stacks and the range of materials used in walls
and may include annotated maps, drawings and/or and roofs.
photographs. The analysis should include:
* The road and footpath layout around and adjacent
A brief history of the site, with reference to what to the site, together with any existing or proposed
it has been used for. Refer to any historical plans vehicular/pedestrion access points.
that may be available. Does the site have any * Important views into and out of the site.
orchaeological importonce? (This information
If the site is within a conservation area, much of this
would be avoilable from the local authority's Sites
information may form part of on existing character
and Monuments Record)
appraisal, prepared by the local authority (see
The possibility of any land contamination should
Step 1).
be noted.
The size, shape, orientation and topography of the
site, including cross sections to show any significant
changes in level.
The location, condition, materials and importance
of any existing buildings or structures on the site.
Existing landscape features such as trees, hedges,
ponds, streams, boundary treatments and wildlife
habitats.
9 Any other features that make the site or are0
distinctive.
Site Appraisal: highlights ospects that ore to

be considered in the proposals. This is particularly
useful in a design sfofement.
Prepare a design statement

A design statement is a means of structuring and
influencing the design process. Current Government
advice suggests that a written design statement
should set out the design principles, show the
proposal in its context and be accompanied by
The site in its wider context. Here the site is shown in illustrative plans and elevations.
relation to important views, and the map demonsfrotes
The level of detoil will depend on the scale and likely
how the curving frontage is an essential part of the street
impact of the development, but the process is as
important for a small infill site as it is for a moior
You should note the location of any public utilities development. Although its complexity will vary, it may
both above and below ground, eg power lines, include some or all of the following:
sewers etc. The local authority may be able to 9 How the proposal responds to the policy
provide this information. background, both national and local.
The context, including a site and setting Risk assessments, such as contamination, potential
analysis, which will highlight any constraints and for flooding, pollution, impact on wildlife and
opportunities for the site. archaeological implications. (The redevelopment
of certain sites may require specialist advice, for
Much of the work of these two aspects will have example the redevelopment of a petrol filling
already been completed under Steps 1 and 3 and station).
could be included as an appendix. A summary, which will help the planning officer in
the preparation of any committee reports.
The way you present your design statement will vary
according to the complexity of the site and your
proposals. However, as well as including written
material it should be illustrated by:
0 Plans and elevations. These should extend
beyond the site boundaries in order to show the
relationship of the proposals to neighbouring
buildings. Even for small sites the adjacent
buildings should be shown on plans and
elevations. For larger proposals you should show
the development within its setting of about 500
metres of the site.
Photographs of the site and its surroundings.
* Perspective drawings and annotated sketches.
If a site is particularly complex then it may be
helpful to produce three-dimensional drawings;
computers are particularly good for this.
Alternatively an architectural model or a photo
montage might be made.
The planning authority will need to consider the
The Site Plon: olways show adjacent properties ond
type and colour of materials and possibly the way
ony occess points. This is irnportont to ossess irnpod on
they are used, especially in conservation areas.
neighbouring properties ond occupiers.
This information should be submitted with the
planning application.
0 The development obiectives, eg what the land

or buildings will be used for, accommodation
requirements, minimum floorspace, number of
units etc.
A summary of the design principles, concepts and
options for the site. For example is the intention
of the design to reflect local building styles or to
contrast with them in some way, whilst maintaining
the character of the area.
Impact on any special features on the site. If it has
a negative impact, consider alternative solutions to
avoid or reduce this impact.
An explanation as to how your preferred option
responds to the site and surrounding area. You
can usefully refer to the site analysis (Step 3), using
the same check-list. Note that the aim should not
be to simply copy buildings in the area.
* Good design should respond positively to
its context, whilst being both innovative and
I
~ ~ ~~
sustainable. m v e drowing or computer visuolisotion of the proposol

Impact on neighbours, eg: loss of light, I os seen in the street is cruciol to demonstrote its impod. I
overlooking & noise.
I Street elevations, existing and proposed, help to relate
the height and scale of the proposal to its neighbours. I how theyre to be ;sed. These killoffen be crucial aspects of
the character of the proposals.
The design statement can be used as a negotiating

tool with the planning authority during the
development process. It can be amended in the light
of discussions and should be submitted in support
of your planning application, where it will play an
important part in the assessment of your proposal
and the decision-making process.
Submit your application

After following these steps you should be ready to
submit your application. Time spent in preparation is
never wasted. By following this advice, the application
should be well presented and considered with the
minimum of delay.
Remember that all drawings should be to a metric
scale such as 1 :20,1 :50, 1 :loo, 1 :200, 1 :500, etc
and that all plans should display a north point.
Note, the granting of planning permission does not
A true to scale oxonometric diagram or exclude the need to apply for any other consents that
birds eye view perspective explains the three may be required, such as Listed Building Consent,
jimensional relationships between all the buildings Building Regulations, Ancient Monuments Consent etc.
and spaces in the site. Please check what other consents may be required with
your local planning authority.
Further Information Acknowledgements
Contact telephone numbers of qualified architects, Produced by the EHTF, with special thanks to
surveyors and planning consultants in your area, Clive Alexander, Dover District Council & Richard Guise,
can be found in Yellow Pages. Further copies of this University of the West of England, Bristol.
document are available from the EHTF office,
(see address and telephone number below), or
download from the EHTF website at:
www.ehtf.org.uk/adrnin/getfile.asp?lD=81
Appendix F
Checklist of main planning considerations for a major development

proposal
Note: this list is not exhaustive.

1. Site selection generally
Try to choose a site that accords with the development plan or otherwise performs
well in sustainability and national planning policy terms.
In many cases, a site will already have been identified in an adopted or emerging
Local Plan/Development Document/UDP.
Check the provisions of the development plan, both site-specific and generally,
any planning brief, design guide or other relevant SupplementaryPlanningGuid-
ance/Document, and consider detailed planning requirements/DC/highway
standards.
If there is no allocation, consider the need for a sequential site search in accord-
ance with PPS6 and PPG13 (or PPW), having regard to:
0 location relative to existing service centres and those people likely to use
the facility
0 accessibility to public transport, so as to reduce car-dependency
0 preference for reusing previously-developed land/buildings
0 effect on overall travel patterns
0 issues of need, flexibility, suitability and availability.
2. Assess physical characteristics of preferred site and surroundings
Consider both site constraints and opportunities:
139
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0 context - nature and pattern of surrounding development, especially hous-

ing or incompatible (bad neighbour) uses
0 i t s size and shape
0 boundary treatment (e.g. screening, presence of walls, fences, hedges, etc.)
0 existing condition of site and buildings
0 site coverage and scale of development issues
0 nature of existing uses
0 opportunities to reuse existing buildings or remove unsightly ones
0 presence of listed buildings, archaeological or other protected features
0 ground conditions, changes in level, flood-risk and drainage issues
0 known access/parking/traffic problems
0 location and condition of trees, especially any that are protected by a TPO
0 location in any conservation or other sensitive area
0 abnormal constraints, including possible contamination, land ownership/
site assembly/acquisition issues, special designations, etc.
0 scope for future expansion
0 general opportunities for planning and community benefits.
3. Investigate the planning history of the preferred site

Establish a fall-back position (that is, what you are lawfully able to do in plan-
ning terms, in any event - often important in traffic generation terms):
0 previous refusals/permissions (including effect of any unimplemented per-
missions) and appeal decisions
0 requirements of any previous planning obligation/condition
0 implications of any existing apparent breaches of control (e.g. failure to
implement landscaping scheme, comply with pre-condition, etc.).
4. Consider how best to promote the development on preferred site
According to time frame and circumstances, need to consider whether to:

promote development through the emerging LDF process (see Section 4 in
this guide), prior to planning application (long route: assumes no existing
allocation), or
proceed straight to planning application and, if necessary, appeal (but must
be good grounds for expecting success).
Appendix F 141
5. Consider your emerging development proposals
Consider effects of emerging development proposals against:

0 national and development plan policy
0 visual impact (especiallyon setting of listed buildings or on character and
appearance of conservationarea) -scale, mass, height, design and external
appearance of buildings, planting and other landscape treatment
0 impact on neighbouring residential amenity, especially as a result of
activity levels, comings and goings, potential noise or lighting disturbance,
storage/disposalof waste, etc.
0 accessibility, particularly to public transport, effects of traffic generation
and need for highway improvements, pedestrian links, parking and cycling
provision, layout generally
0 other environmental impacts (including those listed in Section 5 of this
guide, Best practice on the validation ofplanning applications, page 66);
0 employment generation/loss issues
0 retail impact, if appropriate
0 need for any enabling housing development to support provision or to
restore heritage asset
0 special impacts, e.g. on important natural or heritage assets, etc.
6. Pre-application 'partnership' discussions and consultations
Early discussion with LPA officers necessary to establish:
0 preliminary viewskhances of success

0 type and form of main application, e.g. outline (including extent of sup-
porting material), reserved matters, full permission
0 need for any special consents, e.g. listed building consent and/or conserva-
tion area consent for demolitions, etc.
0 need for any impact assessments, including formal Environmental State-
ment under relevant regulations, or 'informal' assessments, such as those
dealing with:
0 sequential approach to site selection

0 transport considerations
0 protection of heritage assets
0 environmental issues, including decontamination (remediation), noise,

ground stability and drainage conditions, etc.
0 landscape/ecology/visual impact, as appropriate
0 key players with whom to negotiate, both officers and members, and any
outside the authority
0 likely timetable for dealing with applications
0 possible need for planning obligations/contributions or matters that might
be dealt with by condition.
Consultation with interested parties, including highway authority/agency,

Environment Agency, other council departments, e.g. landscape, conservation
and so forth.
Discussion with others, e.g. local residents, town council, relevant community
and amenity groups (e.g. Civic Trust), key members, etc.
7. Assemble team of specialists, as necessary (preferably early in process)
Planning:
0 lead consultant and co-ordinator of specialist inputs

0 preparation of planning statement to, among other things:
0 make 'overarching' case for granting permission, within policy context
0 outline design principles (as required by PPSl), and
0 stress benefits and sustainability soundness.
Architect/designer:
0 overall design concepthesponse to project brief

0 input to planning statement.
Transport consultants, likely to deal with:
0 transport assessment:
0 defend location suitability in PPG13 terms

0 accessibilityto public transportkontributions to local bus service
'provision
0 provision for pedestrians and cyclists
0 green travel plan
Appendix F 143
0 on-site and off-site highway improvements

0 traffic generation.
Environmentalconsultants,to address:
0 ground conditions and decontamination measures

0 landscape, natural assets and visual impact
0 noise/light pollution assessment
0 heritage assets impact assessment
0 flooding and drainage.
Others might include:
0 legal (to advise on planning obligations)

0 structural and other specialist engineers.
8. Submission of applicationsfor permissionkonsent
Negotiations with LPA officers and others:

0 If proposal in accordance with policy, rarely need for planning gain, per
se, but planning obligation or planning contributionsmay be required to
address relevant issues.
0 If proposal does not accord with policy, must demonstrate other considera-
tions in i t s favour, such as benefits (or in urban-edgeGreen Belt situations:
very special circumstances).
Consider political dimension, use of lobbying, member support and tactics
generally.
Monitor progress and anticipate potential outcome, including requirements
for planning contributions and conditions.
Consider need for withdrawal before refusal (to avoid negative history)followed
by re-submission, or deferral (to provide additional information or negotiate
amendments),or an appeal (as a last resort).
Key points for success
Try to work within the framework of the development plan and government
planning policy.
Try to choose a previously-developed site with good links to public transport
and close to existing main facilities and services.
Identify relevant issues and impacts early on and be prepared to use appropriate
specialists to provide relevant impact assessments.
Enter into early discussions with the LPA, consult interested parties, stakeholders,
community representatives, and engage local residentsand potential objectors.
Stress the need for and planningkommunity benefits of the development and
i t s sustainability credentials.
Documents referred to in
this guide
Not including PPS and PPG publications (see Appendix A).
Barker, Kate (2004).Review of Housing Supply. HM Treasury.

BSI (1991). BS 5837:7991 Guide for Trees in Relation to Construction.
Commission for Architecture and the Built Environment (CABE) (2000).By Design
- Urban Design in the Planning System: towards betterpractice. Thomas Telford
Publishing.
CABE (2003). Protecting Design Quality in Planning.
Department for the Environment, Food and Rural Affairs (DEFRA).The Hedgerows
Regulations 7997:A Guide to the Law and Good Practice (leaflet).
DEFRA. The Hedgerows Regulations: Your Question Answered (leaflet).
Department for Transport, Local Government and the Regions (2001). Planning:
Delivering a fundamental Change (Planning Green Paper).
English Historic Towns Forum (2003).Making Better Planning Applications. Report
54, EHTF.
European Parliament (20011. European Directive 2007/42/ECof the European Parlia-
ment and of the Council on the Assessment of the Effects of Certain Plans and
Programmes on the Environment.
Greater London Authority (2004).The London Plan.
Luder, Owen (2006).Keeping Out of Trouble. Good Practice Guide. RlBA Publishing.
National Assembly for Wales (2002). Planning Policy Wales.
National Assembly for Wales (2002).Planning: Delivering for Wales. Consultation
paper.
National Assembly for Wales (2004). People, Places, futures - The Wales Spatial
Plan.
Office ofthe Deputy Prime Minister (OPDM)(1999).A BetterQualityofLife,A Strategy
for Sustainable Development in the UK.
145
ODPM (2000). Preparing Community Strategies: Government Guidance to Local

Authorities.
ODPM (2000). Protected Trees - A Guide to Tree Preservation Procedures.
ODPM (2000). Tree Preservation 0rders:A Guide' to the Law and Good Practice.
ODPM (2003). Planning and Access for Disabled People: A Good Practice Guide.
ODPM (2004). Community lnvolvement in Planning.
ODPM (2004). Creating Local Development frameworks: A Companion Guide to
PPS12.
ODPM (2004). Reforming Planning Obligations: the Use of Standard Charges. Con-
sultation paper.
ODPM (2004).SustainabilityAppraisal of Regional Spatial Strategies and Local Devel-
opment Frameworks - consultation draft.
ODPM (2004). The Planning System: General Principles.
ODPM (2005). Best Practice Guidanceon the Validation of Planning Applications.
ODPM (2005). Changes to the Development Control System: second consultation
paper.
ODPM (2005). A Practical Guide to the StrategicEnvironmental Assessment Directive.
ODPM. Outdoor Advertisements and Signs - A Guide for Advertisers (booklet).
ODPM and Department for Transport (2002). Using the Planning Process to Secure
Travel Plans: Best Practice Guide.
Planning lnspectorate(2004). ThePlanning lnspectorateAnnual ReportandAccounts
2003-2004. The Stationery Office.
Royal Institute of British Architects (2001). Preparing Full Planning Applications:
Recommended Design Stages and Procedures. RIBA. I
Town and Country PlanningAssociation (1986). Citizen's Guide to Town and Country
Planning. TCPA.
Welsh Assembly Government (2004).Delivering Better DevelopmentPlans for Wales.
Consultation Document.
Government circulars
ODPM Circular 08/2005: Guidance on Changes to the Development Control

System.
ODPM Circular 05/2005: Planning Obligations.
ODPM Circular 03/2005: Changes of Use of Buildings and Land.
National Assembly Circular 07/2003 Planning (and Analogous) Appeals and Call-in
Procedures.
Documents referred to in this guide 147
DETR Circular 05/2000: Planning Appeals: Procedures (Including Inquiries into

Called-In Planning Applications).
Circular 6/98: Planning and Affordable Housing
WO Circular 13/97: Planning Obligations.
DOE Circular 10/97: Enforcing Planning Control: Legislative Provisions and
Procedural Requirements.
DOECircular 11/95: The Use of Conditions in Planning Permissions.
DOECircular 9/95: General Development Order Consolidation.
WO Circular 23/93: Costs in Planning and Other Proceedings.
DOECircular 8/93: Costs in Planning and Other Proceedings.
DOECircular 31/92: Fees Payable for Planning Applications.
DOECircular 15/92: Publicity for Planning Applications.
Index
access statements, 52,69 changes of use

advertisement regulations consent, Certificates of Lawfulness, 58
56-7 conditions restricting, 49
affordable housing statement, 71 development plans, 34
agricultural holdings certificate, 67 exemption, 47
air quality assessment, 72 outline applications, 53
Ancient Monuments and planning applications, 46,54
Archaeological Areas Act 1979,30 use classes, 127-9
Annual Monitoring Report (AMR), 19 Community Involvement Scheme
appeal, right of see planning appeals (CIS),20
archaeological features, 30-1,72 Community Strategies (CSs), 43
Areas of Outstanding Natural Beauty conditions, planning see planning
(AONBs), 26,47 conditions
article 4 direction, 47 Conservation Area Appraisal, 70
conservation areas, 29-30
Barker Review of Housing Supply, 118 conservation area consent, 55-6
breach of condition notices, 112 full permission, 54
outline permission, 52-3
'calling in' planning applications, 50 permitted development, 47
certificate of lawfulness of existing use costs, application for, 103-6
or development (CLEUD),57-8
certificate of lawfulness of proposed decision notices, 84-5
use or development (CLOPUD), Delivering stability: securing our future
57-9 housing needs, 118
changes see revised planning Design and Access Statements, 52,69
applications design guides, 22
149
Previous page
is blank
development control, 7-8,9-12 judicial review, 106-7

Development Plan Documents (DPDs),
10,12,19-20,37-9 landscaping, 71
drainage strategy, 70 lawfuldevelopment certificate (LDC),57-9
drawings, 67-8 legislation, planning, 8
dual jurisdiction, 94 Listed Building Appraisal, 70
listed buildings, 28-9
e-Planning, 121 full permission, 54
ecological assessment, 72 outline permission, 52-3
Energy Statement, 72-3 listed building consent, 55-6
enforcement proceedings, 112-14 lobbying, 79
English Historic Towns forum local community consultation, 63 (see
(EHTF), Making better planning also public participation)
applications, 73, 134-7 Local Development Documents
environmental statements, 68-9 (LDDs),18-19,21,37-9,40
European Spatial Development Local Development frameworks
Perspective (ESDP), 15 (LDFs), 18-19,21,35
Local Development Orders (LDOs), 20,
fees, see planning applications 47-8
flood risk assessments, 70 Local Development Plans (LDPs), 4,10,
full permission, 54-5 20
Local Development Schemes (LDSs),
General Permitted Development 19,35,37
Order (GPDO), 46-7,125-6 local inquiries, 95, 101-3
Green Belts, 26-8,52-3 Local Government Ombudsman,
complaints to, 107-8
hearings, planning appeals, 101 Local Nature Reserves, 28
hedgerows, 60 Local Planning Authorities (LPAs), 8-9
heritage sites, 29-31 Local Plans, 20,41-3
historical features, 72 Local Transport Plans (LTPs), 5, 17
Householder Development Consents location plans, 67
Review, 47 London Spatial Development Strategy,
householder developments, 54 10,22-3
human rights issues, planning
decisions, 108 Making better planning applications, 73,
134-7
lndex 151
maladministration claims, 107-8 planning appeals (continued)

material considerations, 11-12 hearings, 101
minerals and waste local plans, 5,22 local inquiries, 101-3
statutory and judicial review, 106-7
National Parks, 25-6,47 written representations, 97-100
national planning policies, 15-17 planning applications, 45-89
nature conservation, 28,60,72 application fees, 67,75
negotiation, 81,83-4 application types, 50-60
noise impact assessment, 72 influencing decisions, 77,78-81,
non-determination, of planning 83-4
application, 74,94 information required, 65-73
non-determination, 74,94
ombudsman, complaints to, 107-8 permitted development, 46-9
open space, 71 pre-application discussions, 61-4
outline permission, 51-4 preparation and submission, 60-5
overlapping applications, 94 processing,49-50,74-81
ownership certificates, 67 refusal, 78-9,92-3
resubmission,94
ParliamentaryOmbudsman, revised applications, 76, 79-80,94,
complaints to, 107-8 112
Part 1 Notice, 67 stages, 82
People, places, futures - the Wales planning briefs, 22
spatial plan, 16-1 7 planning conditions, 49,53,85-6
permitted development, 46-9,125-6 breach of, 112
personal permission, 49 outline permission, 53-4
photographs and photomontages, 73 pre-conditions, 111
Planning Aid, 121-2 removal or variation, 55,95
Planning and Compulsory Purchase planning contravention notices, 112
Act 2004,3-4,47 Planning: delivering a fundamental
planning appeals, 91-109 change, 3
choice of procedure, 95-6 Planning: delivering for Wales, 3
claiming costs, 103-6 Planning for housing provision, 118
complaints to ombudsman, 107-8 planning gain, 88
against enforcement proceedings, Planning Guidance, sources of
113-14 information, 119
grounds for appeal, 92-3 planning history, 48-9
planning obligations, 70,86-9 scheduled monuments, 30-1,72

planning policies section 106 agreement see planning
European Union (EU), 15 obligations
local planning, 18-23 Simplified Planning Zones (SPZs), 20,
national planning, 15-17 48
Planning Policy Guidance Notes site plans, 68
( PPGs), 15-1 6, 117-1 8 Sites of Special Scientific Interest
Planning Policy Statements (PPSs), (SSSls), 28
15-16,35, 117 Spatial Development Strategy for
Planning Portal, 121 London, 10,22-3
planning system, 3-5 spatial planning, 4, 15-18
administration, 8-9 Statement of Community Involvement
development control, 9-12 (SCI), 19,37
legislation, 8 statutory consultees, 76 I
public participation, 33-44 statutory review, planning appeals,

public inquiries, 95, 101-3 106
public participation, 33-44 stop notices, 112
local level, 35-43,63 Strategic Environmental Assessment
national and regional level, 35,36 (SEA), 5,38
publicity, planning applications, 75-6 Structure Plans, 18,41-2
sunlight/daylighting assessment, 73
red-lining, 52 Supplementary Planning Documents
regeneration statement, 71 (SPDs), 19,20,41
Regional Planning Guidance (RPG), 17, Supplementary Planning Guidance
119 (SPG), 22
Regional Spatial Strategies (RSSs), 10, supporting planning statements, 69
17-18,35,36,119 Sustainability Appraisals (SAS),5,20,
Regional Transport Strategy (RTS), 17 38,71
renewal of outline permission, 53 sustainable communities, 7
reserved matters, 51,53,54 sustainable development, 5
resubmission of application, 83,94
retail assessments, 71 Technical Advice Notes (Wales) (TANS),
retrospectiveapplications, 54 16,118-19
revised planning applications, 76, time limits
79-80,94,112 certificates of lawfulness, 58
right of appeal see planning appeals complaints to ombudsman, 108
lndex 153
time limits (continued)

determination of application, 74,94
enforcement action, 114
lapse of permission, 30,53,54, 111
resubmission of application, 83
revised applications, 79
right of appeal, 96-7,98-9
statutory review, 106
tree work, 60
Town and Country Planning Act 1990,
45-6
Town and Country Planning (General
Permitted Development)Order
1995 (GPDO),46-7,125-6
Town and Country Planning (Use
Classes) Order 1987,47,127-9
transitional arrangements, 10-11, 18,
22-3,41-3
transport assessments, 70
trees, 59-60,71-2
Unitary Development Plans (UDPs),

22-3,41-2
Use Classes Order, 47,127-9
Utilities Statement, 72
Village Design Statement (VDS), 22
Wales
Green Belt, 26
Local Development Plans (LDPs),10,20
planning policy, 16-17, 18
planning system, 3-4
sources of information, 118
waste and minerals plans, 5,22
websites, 122-4
Negotiating the Planning Maze
Aimed at architects, this book offers concise and up-to-date

guidance on the new Planning and Compulsory Purchase
Act. Not only has this Act significantly changed the shape
and complexity of the development control framework, it
is being brought into force in stages, with a number of
its provisions yet to be clarified by secondary legislation.
As well as outlining this new planning maze, the book I
explains how to keep abreast of changes, avoid pitfalls,

and deal effectively with the planning bureaucracy.
I
John Collins OBE DipArch (Birm) SPDip RlBA FRTPI is a

Past President of the Royal Town Planning Institute and
Past Regional Chairman of the RlBA in the Northwest, and
has practised as an architect and town planner during his
career both in local government and the private sector
including more latterly as County Planner of Cheshire.
Philip Moren BA(Hons) MRTPI is a Chartered Town Planner
and practises as a Planning Consultant. He has extensive
experience of the planning system in England and Wales, I
writes regularly in the professional press and is a part-
time Inspector with the Irish Planning Appeals Board.
This guide meets the RlBA CPD requirements for the study
of Practice Management within the prescribed curriculum.
ribapublishing.com
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Good Practice Guide:

John Collins, Consultant, Past President of the RTPl

ISBN 1 85946 183 2

Stock Code 55693

British Library Cataloguing in Publications Data

Publisher: Steven Cross

Mr Henderson (p.1) Copyright Q 1942 by Ogden Nash

Good Practice Guide: Negotiating the Planning Maze

All architects become involved in planning to a greater or lesser extent.This book

To add considerably to the difficulties that practitioners face in getting to grips

Significant changes are also afoot to improve the handlingof planningapplications.

John Collins and Philip Moren

List ofplanning abbreviations xvii

Introduction: working together 1

Section 1 Planning framework: an overview 7

Special designations and related controls 25

Section 4 Getting involved in policy formulation 33

Section 5 Applications for planning permissionor other consent 45

Section 6 Going to appeal, challenges and complaints 91

AAP Area Action Plan

To many architects, planners are the personification of Ogden Nashs Mr Henderson:

There goes leon

To quote from an RIBAJournal report on RlBANETdiscussionforum: members return

In a foreword to the Citizens Guide to Town and Country Planning,first published by

What guidance are you looking for?

An exhaustive library of information has been published and is available, not

This guide provides an outline of the framework of plan-making and development

Tips on using this guide

Reform of the planning system

On the proceduresfor handling development control, various changes are in the

Spatial planning and sustainable development

The Governments commitment to sustainable development is set out in A Better

Together with enforcement,these plan-makingand control functions p/on;poge

having to reconcile the needs and aspirations of competing interests, in order

The current system is based mainly on the following primary legislation:

Planning and Compulsory Purchase Act 2004

These acts are supplemented by a range of subordinate legislation in the form of

Government policiesand advice

Administration of the system

The planning system is administered by the LPAs. These include:

regional planning bodies (including the Mayor of London)

National Park authorities

How the development control system works

Tests for decision-makers

Generally, the test for decision-makers is whether any proposed development

Meaning of 'deve Iopment plan'

the development plan

issues of viability, and other financial considerations (in certain circumstances)

Considerations that are not material

Matters that are not material planning considerationsinclude those regulated by

Making proposed developments acceptable

permission or consent, or require the applicant to enter into a'planning obligation'

'Sustainable communities' are the heart of the planning system.

The European Spatial Development Perspective

Enqland Wales In Wales, the framework of current

Regional Spatial Strategies and Regional Planning Guidance

Each RSS, incorporating a Regional Transport Strategy (RTS), provides a spatial

priorities for the environment, such as countryside and biodiversity protection,

transport, infrastructure, economic development, agriculture, minerals extrac-

Planning Policy Statement 7I:RegionalSpatialStrategies (PPS11) sets out government

Local development frameworks

SPDs, providing supplementary guidance on policies in the DPDs (optional)

In Wales, new-style Local Development Plans (LDPs) will be prepared to replace