Special cases
There are various instances in which special rules apply to the consideration of a proposed development by a planning authority.
In order to comment effectively on a planning application, you should therefore be aware if a development
- Involves a special type of planning application, which will be stated on the application
- Affects a special area, which will be subject to tighter planning controls
- Is affected by a special type of development plan
- Needs consent under special legislation as well as planning permission
- Is subject to an environmental impact assessment
- Is deemed an exception to permitted development, so does not have the automatic planning permission it otherwise would
- Gives the planning authority some control over external appearance by means of prior approval of the details, such as a proposal for a telecommunications mast under 15 metres in height
- Is a local authority's own development proposal
- Is development by a Crown body that is 'urgent' or raises national security issues
- Involves a retrospective planning application
Special types of planning application
Planning applications that fall under any of the three following categories (which will be stated on the application form) merit particular attention.
Your comments in these cases are likely to be especially valuable.
- Renewal of a temporary planning permission
- Removal or variation of conditions placed on a previous planning permission
- Outline applications, which establish whether a development is acceptable in principle, before time and money is spent sorting out the details
- These applications apply only to the erection of buildings. Where an outline application is permitted, the details will be 'reserved' for future discussion or approval.
- It is important to get involved in commenting on the outline application, while there is still a chance to consider whether the scheme should proceed at all, because only the finer points of the development will be up for debate later
- Renewal of an expired planning permission. Standard planning consents expire after five years (but, since the Planning and Compulsory Purchase Act 2004, standard planning consent given now expires after three). It is therefore possible over the next year or so that developers may try to renew consents for greenfield housing applications, permitted before the present Government policy on housing came into force.
Special areas
Some areas of the country are protected by tighter planning controls, making it more likely that a development will need planning permission.
Some permitted development rights are reduced and others withdrawn completely.
Details vary across the designated areas, but typically there are stricter than usual controls over
- buildings
- the erection of satellite dishes
- tree felling and other tree work
- demolitions in conservation areas.
Fish farming and extensions to farm buildings are more tightly controlled in National Parks and the Broads. In Green Belts, development is generally not allowed if it is deemed 'inappropriate'. See CPRE's Government Green Belt policy, which explains what is meant by 'inappropriate' development.
Areas where special rules apply
- National Parks and the Broads
- Areas of Outstanding Natural Beauty
- Conservation areas
- Green Belts
- Internationally important wildlife conservation sites - Special Areas of
- Conservation, Special Protection Areas and Ramsar sites
- Sites designated as nationally important for wildlife or geology, such as National
- Nature Reserves and Sites of Special Scientific Interest
Special types of development plan
In addition to preparing the standard development plan, county councils, national park authorities and unitary authorities (where there is no county council) must prepare a minerals and waste development framework.
Special protection
Some kinds of development need consent under other legislation as well as planning permission.
Listed buildings and conservation areas
Buildings may be 'listed' for their special architectural or historic interest. Any proposal to alter or demolish a listed building requires listed building consent under Section 7 of the Planning (Listed Buildings & Conservation Areas) Act 1990.
Section 74 of the same act also requires 'conservation area consent' for the demolition of most unlisted buildings, structures and trees within a conservation area.
You can find out whether the site you are interested in is in a conservation area by referring to your area's development plan.
Hedgerows
Hedges that are deemed ecologically or historically valuable have a measure of protection under the Hedgerows Regulations 1997 (made under section 97 of the Environment Act 1995).
Anyone intending to remove a rural hedge must notify the local planning authority, which then has 42 days to decide whether to issue a hedgerow retention notice in order to stop the removal.
Plans for hedgerow removal do not have to be publicised in advance, but the local authority must keep a public register.
Tree preservation orders
Tree preservation orders (made under Section 198 of the Town and Country Planning Act 1990) can be used to protect a group of or individual trees from damage or felling without the local planning authority's consent.
However, awareness in this area varies between councils. Some councils employ tree officers; others have access to little or no expertise.
Your local authority should be able to provide details of trees covered by preservation orders in your area.
Advertising
There are regulations to control outdoor advertisements, set out in the Town & Country Planning (Control of Advertisements) Regulations 1992. Many outdoor advertisements require 'advertisement consent'.
Other relevant legislation
There are regulations on the interiors of buildings, pollution control and the protection of ancient monuments.
These are not covered by the planning system.
If you are in any doubt in a particular case, ask your local planning authority what controls there are under what legislation.
Environmental impact assessment
Many types of development likely to have a significant effect on the environment are subject to an environmental impact assessment.
This process aims to ensure that the environmental implications of a new development, and alternatives, are fully explored before a planning decision is made.
Certain types of development require an impact assessment automatically. Others may need one, depending on whether their potential effects on the environment are judged significant.
If you are not sure whether a development requires an assessment, or how to encourage the local authority to demand one
see our EIA fact sheet or view the Government guidance ( Circular 02-99 ).
If an assessment is required, the developer must present an 'environmental statement' along with the planning application
These statements are meant to explain how projects have been devised to do the least possible harm to the environment and what the harm will be.
Environmental statements should look at alternative options to the proposal.
The public has an opportunity to comment on the environmental statement.
Planning applications for development requiring an environmental impact assessment should be decided within 16 weeks.
Exceptions to 'permitted development'
Some types of development, known as permitted development, receive automatic planning permission.
They are typically small scale, or within existing development.
But in special cases the local planning authority can issue a direction requiring a planning application to be submitted, either for a defined category of development or for all permitted development within a defined area.
These are called 'Article 4 directions' (after Article 4 of the Town & Country Planning (General Permitted Development) Order 1995,) and in most cases they require the agreement of the secretary of state. This type of restriction may be the only way to stop local features being eroded by development.
Developments that require prior approval of the detail
For some development, the planning authority has to approve the details of the proposal in advance. This kind of intervention falls halfway between full planning control and permitted development.
The local planning authority has the chance to get a development re-positioned or the external appearance changed.
The local planning authority cannot, however, question whether the development should be allowed in the first place.
A range of developments fall into this category, including outbuildings related to farming and forestry although not
- New dwelling houses, to which normal controls apply)
- Telecommunications equipment such as public call boxes
- Masts under 15 metres in height
- Some proposals to demolish houses.
Local authorities' own developments
Local planning authorities are allowed to put up structures such as bus shelters and information kiosks as permitted development (according to The Town & Country Planning (General Permitted Development) Order 1995, part 12).
Beyond this, they often determine their own planning applications, either for development that they wish to carry out themselves, or where they are making local authority land available for development by others.
The procedures involved are similar to those for applications from anyone else, except that the application must be decided by a different committee from the one responsible for the land or property in question.
You may well come up against different problems, and internal politics when presenting your views to councillors.
County councils are also able to grant themselves planning permission for their own development, such as major new roads and school buildings.
County councils also decide all planning applications in connection with minerals or waste, which are deemed 'county matters' (according to the Town and Country Planning Act 1990, section 316).
If a local planning authority intends to develop some of its own land, or to grant permission for another party to do so, it is obliged by law to refer the application to the secretary of state.
If you are concerned about such an application, contact the Government Office for your region to check it has been informed.
Crown development
Since June 2006, Crown bodies such as central Government departments and Her Majesty's private estates need to apply for planning permission for development on their land, in the same way as everyone else.
There are some exceptions to this, such as in cases where either the development is viewed as 'urgent' or issues are national security are involved or both.
In these cases, the Crown body proposing the development can either make a planning application direct to the Secretary of State, or ask for the planning application to be called in.
In both cases, the application is then dealt with through a modified form of the procedure used for calling in planning applications.
More information can be found about The Crown and planning in the DCLG Circular 02/2006.
Retrospective planning applications and lawful use certificates
Development that has been started, or even completed, without permission may still be subject to the planning application process.
Arrangements for handling these kinds of application are the same as for any proposed development.
The developer should apply for retrospective planning permission. If the application is unsuccessful, action should be taken to remedy the damage done or to remove any building erected without permission.
In such cases, another option is for owners of the land to apply for a certificate of lawful use.
There are two types of lawful use certificates, covering existing and proposed developments.
They are referred to as
- Certificates of lawfulness of existing use or development (CLEUDs)
And
- Certificates of lawfulness of proposed use or development (CLOPUDs)
respectively (from sections 191 and 192 of the Town and Country Planning Act 1990).
Local planning authorities would grant such certificates only where it was proved that the use of the land had not breached planning controls.
If you are faced with such an application and you have tangible proof that planning controls have been, or will be, ignored in relation to the development, you should make the local planning authority aware of the application.