Unit Overview
P1 - Explain Statutory Development
P2 - Discuss Statutory Development
P3 - Legislation
P4 - Functional Requirements
P5 - Visual Components
P6 - Data Collection
P7 - Collate Data to Support Application
P8 - Complete Planning Application
P9 - Produce Written Reports
P10 - Produce Graphic Designs
M1 - Compare Plans
M2 - Analyse Requirements
M3 - Analyse Data
D1 - Evaluate Townscape and Landscape
D2 - Evaluate Alternative Proposals

Statutory Development

Local planning authority

Planning is controlled by the local council, the department within the council that deals specifically with planning is the LPA (local planning authority). The LPA predominantly deal with the appearance of buildings and how land is used. The LPA will produce a local plan for the borough of district, within this the following will be included.

  1. Article 1.5 land
  2. Housing and residential development
  3. Industrial
  4. Transport links
  5. Educational, health care
  6. Commercial development such as high streets and out of town shopping.

 

Town and Country Planning Act 1990

There have been various planning acts and even before planning acts where in place development was controlled to a certain extent by whomever was in power. The most recent act makes it clear that LPA's have a duty to plan ahead, that is to say they have to produce a local plan that allows for development and expansion.

 

The 1990 Act also makes it clear the power to determine an application rests with the local community, although this can be overruled by the Secretary of State.

 

 

Transport planning

The LPA will look at the provision of transport, this will include train routes and other public transport routes. It may be the implementation of an out of town parking scheme or making a city centre traffic free.

 

Large applications may be need to submit a traffic survey, for example a new house development will need to consider the impact on the current transport system, for instance will more public buses be needed and what will the impact be

Factories may have specific transport routes to avoid heavy trucks going through quiet residential areas.

 

The planning process

The planning process will vary with different applications, large commercial developments may take over a year in in consultation and negotiation with the LPA and local communities, whereas some things can be built without planning permission.

 

Licence notification and permitted development.

To prevent the LPA being overloaded with applications for things such as garden sheds and to aerials these can normally just be built under the permitted development rules and permission is gained by submitting a licence notification to the LPA, which is essentially a letter letting them know what you are going to do.

 

Utilities companies such as electrical, water, gas and telecom's also have powers to build without permission, this is known as a general permitted development. This means that a telecom's or power company do not need to submit applications for every single power pole they put up.

 

There is no permitted development allowed in land with special designations such as AONB's or the green belt, where everyone must have a full planning application.

 

Most applications for domestic housing are dealt with in eight weeks from sub,is ion by the LPA. A planning officer will be assigned and they will make a recommendation, some applications will go to a planning committee made up of local councilors who can disagree with the planning officers recommendation if they wish.

 

The LPA can grant permission with conditions, normally this will be where they are happy with the shape and form of the application but may want to alter the materials being used to be in keeping with the local environment.

 

If the application is refused, the applicant can appeal the decision, a planning inspector will be assigned to make a final decision, this normally happens when the planning committee refuse something the planning officer recommended for approval. If there is enough national interest of local objection the appeal can turn into a public enquiry, this is similar to a court process where each side will present their case and be given the opportunity to cross examine the other party.

 

Section 106

Under Section 106 of the Planning Act, Local Councils are allowed to request certain things from developers, a deed will be drawn up between the Council and the Land Owner to make the agreement legally binding. The kind of things that are commonly covered under section 106 are:

  1. Providing Jobs for locally or young people during the construction of a project.
  2. Regeneration of public land at the developers expense, normally local park.
  3. Affordable housing within a new housing development.
  4. Ensuring a landscaping scheme is kept in place.