Planning Help Compaign to Protect Rural England

• History of the planning system
• The system in brief
• Planning Act 2008
  • Community Infrastructure Levy
• Planning for Major Infrastructure Projects
• Neighbourhood planning
• Regional Planning
• Strategic environmental assessment
• Local development frameworks
• Development needing planning permission
• Submitting a planning application
• Departure applications

The Planning Act gained Royal Assent on 26 November 2008. The Act contains a number of reforms to existing town and country planning legislation, particularly the Town & Country Planning Act 1990 and Planning & Compulsory Purchase Act 2004.

Outlined below are some of the key reforms to town and country planning legislation. These reforms have now all been commenced by secondary legislation. Although no longer applicable reforms to regional planning are also included, for clarity.

New Duties
Development plan documents produced by local planning authorities must include policies designed to contribute to the mitigation of, and adaptation to climate change. Also, the sustainable development duty in the Planning & Compulsory Purchase Act 2004 now includes a specific reference to the desirability of achieving good design.

Delegation of regional planning functions
Regional Planning Bodies can delegate any of their functions to the Regional Development Agency for their region. They can also bring this delegation to an end at any time, as well as continue to exercise the function themselves.

NB. The Conservative-Liberal Democrat Government elected in 2010 has committed to abolishing regional planning, and the legislation that will deliver this is currently making its way through Parliament. The status of regional planning is therefore uncertain; for the time being regional plans remain part of the planning system, however their imminent abolition will impact on the weight attached to them in planning decisions.

Regional government, and therefore organisations responsible for regional planning, is in the process of being phased out.

Preparation of local documents
Local planning authorities are no longer required to list Supplementary Planning Documents in their Local Development Scheme; nor do these require sustainability appraisal. There is also no longer a requirement for the local planning authority’s Statement of Community Involvement to undergo independent examination.

Local Development Orders (LDOs)
LDOs are designed to have the effect of granting planning permission for anything stated in the order. Local planning authorities are no longer required to link these to development plan policies.

Power to make non-material changes to planning permission
Local planning authorities now have powers to make small changes to an existing planning permission on the basis of a more limited application procedure. There are still, however, requirements for consultation and for applications to be placed on the local planning register. The change does not affect the process of applying for planning permission.

Tree Preservation Orders (TPOs)
The Secretary of State is now able to define procedures relating to TPOs through secondary regulations and replace the procedures currently set out in primary legislation (the Town & Country Planning Act 1990).

Determination of procedure for planning appeals
From 6 April 2009 the Secretary of State, or the Planning Inspectorate acting on his behalf, has been able to determine whether an appeal is to be considered at a local inquiry, a local hearing or on the basis of written representations. This power must be exercised on the basis of published criteria and continues to allow for inquiries to be held in controversial and/or major cases.