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AN INTRODUCTION TO THE BRITISH PLANNING SYSTEM
DO I NEED
PLANNING PERMISSION?
The comprehensive re-building
of
In 1947 the Town & Country
Planning Act was published, providing the first comprehensive basis for the
control of development and land uses in this country. Before 1947 the use of
land and development was largely uncontrolled, although some limitations were
exercised through Public Health and local Acts.
The 1947 Act introduced a
comprehensive system for the control of development and since then (with some
specific exceptions) no land owner has been entitled to carry out any
development without first obtaining the necessary planning permission.
This early legislation has
developed and evolved over the last 50 years into a complex web of
inter-related laws and guidance, which today provide a comprehensive framework
for the assessment of development in virtually every context.
The most recent legislation is
encapsulated within the Town & Country Planning Act 1990 as amended by the
Planning And Compensation Act 1991. and updated by the Planning and
Compensation Act 2004. "The Planning Acts".
These Acts are supported by a
range of detailed planning policy guidance notes (PPG's)and Statements (PPS’s),
dealing with specific issues such as the Green Belt (PPG.2), Housing (PPS.3) or
Flood Risk (PPS.25). Individual aspects of planning law are also explained more
fully in Government Circulars or subject to specific Rules and Orders. The
General Permitted Development Order (GPDO) is one such order, which deals with
forms of development that do not necessarily require planning permission. Links
to these documents can be found within relevant sections of web-site.
WHAT IS DEVELOPMENT?
There are very few
instances today where planning permission is not needed to undertake
development, therefore it is essential to understand what constitutes
'development' for the purposes of the Planning Acts.
Development is defined in
statute as:
"...
'development', means 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 ..."
[Town &
Country Planning Act 1990 : Section 55 (1)]
This definition is cast
broadly and includes most forms of development or changes of use of land and
premises. It also includes demolition, although at the present time most forms
of demolition are granted consent under the General Development Order.
Much legal planning debate
over the years has revolved around whether a particular form of development
falls within the definition. Whilst there are exceptions, for the most part it
is safe to assume that planning permission is normally required. Even where the
proposal falls into one of the exceptions, there may still be circumstances
that require formal procedures to be completed.
IF YOU ARE IN ANY DOUBT ABOUT WHETHER
YOU NEED PLANNING PERMISSION CONSULT YOUR LOCAL AUTHORITY OR SEEK PROFESSIONAL
ADVICE
GETTING STARTED | DO
I NEED PLANNING PERMISSION?
planning-applications.co.uk