Following the consolidation of the Planning Acts in
1990, the statute law governing town and country planning
is now contained in the Town and Country Planning
Act 1990 and the Planning and Compensation Act 1991.
Further changes have been made by the Planning and
Compulsory Purchase Act 2004.
In Wales the planning functions of the Secretary of
State are assumed by the Welsh Assembly.
To obtain planning permission it is necessary to apply
to the relevant local planning authority. Permission should
be granted unless there are clear-cut reasons for refusal.
The authority has in general to decide applications in
accordance with the development plan for the area. Matters
such as road safety and congestion, and adequacy of
water supply and sewage disposal, are also relevant. It
should also be borne in mind that most building work is
subject to building regulations regarding health and
safety, energy conservation and arrangements for the
disabled.
A check should be made with the relevant authority
to see whether planning permission is required. Internal
alterations do not generally require it unless they in
some way affect the exterior. Repair and maintenance of
existing buildings does not normally require permission
but you will need it if you are putting up a new building.
Extensions to premises may require planning permis-
sion depending on the size of the extension intended.
Permission is not normally required if the premises
were previously used for broadly the same purpose, e.g.
a shop, but it is if they are to be used for a different
purpose.
The time taken
From the time of application, it can take anything from
about four weeks to three months or more for a decision
to be made, depending on the size and complexity of the
scheme.
Outline planning permission
It is possible to make an application for outline planning
permission to see whether permission will be given in
principle. This has the advantage that detailed drawings
are not required though as much information as pos-
sible should be given. This can then be followed with an
application for full planning permission. There is a fee
involved and the relevant authority will give the neces-
sary information.
Statements of development principlesUnder the Planning and Compulsory Purchase Act 2004
outline planning permission is supplemented and will
eventually be replaced by Statements of Development
Principles (SDPs). Councils will be required to indicate
whether they agree or disagree with the principles of
the proposed development. The SDPs will not amount
to consent. However, these SDPs may become outline
planning permission in all but name, though at present
it is difficult to see how an SDP will operate and what
reliance a developer may place upon it.AppealsIf the relevant authority refuses planning permission,
an appeal can be made to the Secretary of State for the
Environment. An appeal may also be made on the ground
that the authority has imposed conditions which the
applicant cannot or does not wish to accept. Failure to
reach a decision within a time limit of eight weeks or
such longer period agreed with the authority is also a
ground for appeal. Appeals can be made at any time within
six months of the authority’s decision or six months
from the date when it ought to have been made. There
is no charge for the appeal itself, but there are bound to
be some legal and other expenses. Most appeals are dealt
with within 20 weeks.How long does permission last?Both outline and detailed planning permission will norm-
ally include a condition that the development must be
begun within three years. How soon it is completed is a
matter for the developer.
It is also worth remembering that planning permission
runs with the land and is not personal to the owner or
occupier. This means that land or buildings can usually
be sold or let with the benefit of planning permission,
which should encourage and assist a sale or letting and
the price or rental.Going ahead without permissionIf the authority thinks the development is unacceptable,
it may make an enforcement notice to put matters right.
This may even involve the demolition of any building work
carried out. It is possible to appeal against an enforce-
ment notice to the Secretary of State, but, if the appeal isPart 2Business organisations