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