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92-578: Planning Policy Statement 12 : Creating Strong Safe and Prosperous Communities through Local Spatial Planning (commonly abbreviated as PPS 12 ), is a document produced by the British Government that sets out the Government's policy on the preparation of local development documents which will comprise the local development framework. The current version was introduced in June 2008 and replaces

184-425: A Design and Access Statement . This is not just a description of the development, but also explains how the design was arrived at, what local planning policies have been observed, how any public engagement has been reflected in the design, and how relevant principles of good design have contributed to the proposal. Commercial issues may well have been paramount, but this document enables the lay public to understand how

276-635: A unitary authority . Development involving mining , minerals or waste disposal matters is dealt with by county councils in non-metropolitan areas . Within national parks , it is the national park authority that determines planning applications (although in Scotland the situation is sightly different, whereby the Cairngorms National Park Authority only has the power to call-in and determine certain applications which it deems to be of importance to its objectives). When

368-461: A Design and Access Statement (D&A) for most significant developments, requires applicants to explain or justify their proposals in those terms. The objective was that a living document would evolve through the design process leading to better thought through proposals. This culture change has only been partly successful as applicants often see it as one more task to get through and tend to have D&As drawn up after completion of design work to 'tick

460-416: A building that affect its architectural or historic character, inside or outside, require "listed building consent" (and may also require planning permission if the scope of the proposed alterations or development is above that classified as permitted development). It is an offence to carry out works without the necessary listed building consent. The owner of a listed building can also be compelled to keep it in

552-442: A description of the development, a fair summary of any public comments received, state the relevant planning policies which have a bearing on the decision and a discussion of the issues raised – all leading to a recommendation to either grant or refuse planning permission. The elected Planning Committee may act on the advice of their professional planning officers, or occasionally may take a different view. Planning Committee are under

644-498: A development which would otherwise be unacceptable (i.e. refused planning permission). A decision made by an LPA is subject to a right of appeal in the event of refusal of planning permission, the taking of enforcement action, imposition of an onerous or improper condition on a granted planning permission, or the failure of the LPA to determine the application within a timely period ("non-determination"). The right of appeal applies only to

736-449: A few rare exceptions it is not specific to the person, organisation or firm who obtained the permission. "Development" in UK planning law is defined as the carrying out of any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. Certain types of development are specifically excluded from

828-444: A good state of repair to safeguard its architectural or historic significance. Trees and woodland which are of particular importance to local amenity or ecology may be made the subject of a tree preservation order (TPO). Unless those trees are dead, dying or dangerous, then consent is required before their removal, and generally a replacement tree may be required. If development is carried out without planning permission then

920-574: A greater or lesser degree (for instance Chancellor of the Duchy of Lancaster or Lord Privy Seal ). The government is sometimes referred to by the metonym " Westminster " or " Whitehall ", as many of its offices are situated there. These metonyms are used especially by members of the Scottish Government , Welsh Government and Northern Ireland Executive to differentiate their government from His Majesty's Government. The United Kingdom

1012-414: A key means of delivering a number of the government's objectives relating to climate change , reducing carbon emissions , access to housing and improving the supply of housing, enhancing biodiversity and a number of other emerging priorities. Although these are addressed via the process of formulating local planning policies for the area of each LPA on a local basis, as far as the public are concerned it

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1104-408: A lengthy process of negotiation with the LPA. Attitudes have now changed and few LPAs will agree to accept significantly amended proposals after submission of the application since this would require them to restart public consultations and so delay their decision. Along with the requirement to prepare well written and complete documentation with the original submission this puts the onus increasingly on

1196-482: A member of either House of Parliament. In practice, however, the convention is that ministers must be members of either the House of Commons or the House of Lords to be accountable to Parliament. From time to time, prime ministers appoint non-parliamentarians as ministers. In recent years such ministers have been appointed to the House of Lords. The government is required by convention and for practical reasons to maintain

1288-638: A need to engage with the planning system and can be undertaken by land owners as a right. More recent changes to PD rules require some element of contact with the LPA before implementation - for example prior notification. Uses of land and buildings are classified into " use classes " and any change from one use class to another use class is automatically a "material change of use" amounting to development. Some small scale changes between use classes are nevertheless "permitted development" and hence do not require planning permission, subject to any site specific restrictions. Certain types of use or activity do not fall into

1380-412: A new House of Commons, unless the prime minister advises the monarch to dissolve Parliament , in which case an election may be held sooner. After an election, the monarch selects as prime minister the leader of the party most likely to command the confidence of the House of Commons, usually by possessing a majority of MPs. Under the uncodified British constitution , executive authority lies with

1472-408: A planning application is being decided. Even a well managed LPA, making decisions in light of published planning policies and after extensive public consultation, will still attract accusations of unfairness. Unless a member of the public raises one or more material planning considerations which were not apparent beforehand, it is unusual for public views to override the relevant planning policies when

1564-671: A planning judgement of relevant matters. Refusal of an application, whether by committee or under delegated powers, may be challenged by an appeal through the Planning Inspectorate . Objectors to a successful application have no right of appeal, except by a legal challenge to the courts, although for some significant applications (e.g. involving major policy matters) the Secretary of State may be asked to "call in" an application for review. Subject to making arrangements in advance, many LPAs will invite applicants and members of

1656-554: A reflection of local traditions and priorities. The interests of sustainability are built into LDFs, not only in terms of energy efficiency , but also in promoting economic growth , regeneration , and the fostering of strong and inclusive communities . Whatever their local priorities, LDFs are a key policy document for all local authorities, enabling them and other local agencies to engage in spatial planning for their local area on an inclusive and "joined up" basis. Planning applications for most major developments must be accompanied by

1748-565: A specific use class and are termed " sui generis ". Any change of use to or from "sui generis" use requires planning permission. In practice most uses are a composite of several uses so that, say, a factory might well have an ancillary office and perhaps storage uses, all within the same premises. In such a case however the primary use would be that of a factory (use class B1 or B2). There is a separate system of control over alterations to buildings which are listed as being of architectural or historic interest (" listed buildings "). Alterations to such

1840-604: A substantial grant from the government, the Sovereign Support Grant , and Queen Elizabeth II's inheritance from her mother, Queen Elizabeth The Queen Mother , was exempt from inheritance tax . In addition to legislative powers, His Majesty's Government has substantial influence over local authorities and other bodies set up by it, through financial powers and grants. Many functions carried out by local authorities, such as paying out housing benefits and council tax benefits, are funded or substantially part-funded by

1932-567: A wide range of other relevant sources. Provided that architectural drawings and other supporting documents are in electronic form then planning applications should ideally be submitted on-line, either via the LPA's website or via the UK-wide "planning portal" website which provides a nationwide clearing house on planning information and facilities. LPAs are under constant pressure to improve the speed, efficiency and quality of decision making. Applicants are usually advised to engage in discussion with

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2024-424: Is a constitutional monarchy in which the reigning monarch (that is, the king or queen who is the head of state at any given time) does not make any open political decisions. All political decisions are taken by the government and Parliament. This constitutional state of affairs is the result of a long history of constraining and reducing the political power of the monarch, beginning with Magna Carta in 1215. Since

2116-517: Is decided by the LPA. Land owners immediately adjoining the application site are usually notified, a public notice may be posted in nearby streets, and sometimes a notice is published in the local press. Planning applications must be decided in a timely manner and only 21 days is normally allowed by law for the public to express their views. Planning applications can be viewed on the LPA's website and comments can be submitted by email. Most planning applications are decided by an authorised senior officer of

2208-493: Is development control and the process of determining planning applications which is the most evident part of the planning system as a whole. Note that within the United Kingdom, any significant development may require a variety of different consents from different agencies before commencement, such as approval of construction materials and methods under the relevant Building Regulations ). The term "development control"

2300-466: Is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account. There are 421 local planning authorities (LPAs) in the United Kingdom (although in Scotland, where local authorities are unitary in nature, they are known simply as 'planning authorities'). Generally they are the local borough or district council or

2392-577: Is intended to improve this situation by replacing the old plans with a new portfolio of local development documents that can be tailored to suit the different needs of a particular area and can be easily updated. The frameworks were prepared within a regional spatial strategy (RSS) prepared for each region by the Secretary of State (specifically the Deputy Prime Minister ). Local development frameworks were required to have regard to

2484-430: Is not a planning consideration; neither is the developer's profit motives , or any supposed loss of value to nearby properties or loss of view. Private covenants over land or anything regulated by other legislation are also incapable of being a material consideration in deciding a planning application. In deciding on a planning application LPAs have a duty to start with the development plan and then have regard to all of

2576-455: Is not grounds for refusal of planning permission. A proper reason for refusal of planning permission must be based on the tangible harm which would be brought about by the proposal, as reflected in a relevant policy or other matter relating to planning, and in order to protect the public interest. Similarly, if a condition is to be imposed on the grant of any planning permission, compliance with that condition should be essential to make acceptable

2668-603: Is not vital. A government is not required to resign even if it loses the confidence of the Lords and is defeated in key votes in that House. The House of Commons is thus the responsible house . The prime minister is held to account during Prime Minister's Questions (PMQs) which provides an opportunity for MPs from all parties to question the PM on any subject. There are also departmental questions when ministers answer questions relating to their specific departmental brief. Unlike PMQs, both

2760-451: Is out of favour and development management is preferred as it implies a more cooperative process, though in reality the difference is sometimes difficult to distinguish. There is after all a limit to the level of cooperation possible if proposals are unacceptable. The UK is distinguished from most countries in that the lawful occupier of any land or buildings will not only have title to their land (a freehold , leasehold , or licence from

2852-571: Is submitted to Government by a local planning authority at the end of December each year to assess the progress and the effectiveness of a Local Development Framework, specifically: To achieve this goal, the Annual Monitoring Report includes a range of local and standard (Core Output) indicators. Sometimes certain policies from an old document remain effective when that document is superseded. These policies are known as "saved" policies. They should be prepared in accordance with

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2944-433: Is the fundamental of many if not most public objections to new development. The process of development and re-development is seen as an immediate cost or inconvenience to those living nearby, and any benefits are invariably to the community as a whole, over a wider geographical area, and over time. The most obvious beneficiaries of any development are those who will later live or work within it but their views are not heard when

3036-443: Is to be replaced by a Local Development Framework (LDF). These involve a large measure of community and public involvement in preparing the new local planning policies by which applications will be decided in future years. Therefore, while the process for local plan preparation maybe appear to be distant from making day-to-day decisions it is vital in making sure the 'rulebook' says the right things. The planning policies expressed in

3128-483: The Greater London Authority disputed. Similarly, the monarch is immune from criminal prosecution and may only be sued with his permission (this is known as sovereign immunity ). The sovereign, by law, is not required to pay income tax, but Queen Elizabeth II voluntarily paid it from 1993 until the end of her reign in 2022, and also paid local rates voluntarily. However, the monarchy also received

3220-829: The Scottish Government Directorate for Planning & Environmental Appeals (DfPEA), and in Northern Ireland appeals are determined by the Planning Appeals Commission. An Inspector (in England and Wales), Reporter (in Scotland), or Commissioner (in Northern Ireland) investigates the question and decides to uphold or overturn the decision of the LPA. The decision is based on a fresh look at the case considering

3312-463: The Secretary of State by the end of March 2005 These include the core strategy document and the local plan . The SCI should explain to the public how they will be involved in the preparation of the framework. They should set out the standards to be met by the authority in terms of community involvement, building upon the minimum requirements set out in the Regulations and PPS 12 . Prior to

3404-497: The Standards Commission for Scotland . In Wales , councillors are required to register certain interests, to declare them when they are relevant to a decision, and to withdraw from the meeting if they have a prejudicial interest . Most LPAs are receptive to public complaints and seek to learn from them. The great majority of public complaints about planning matters concern an alleged error in procedure, rather than

3496-499: The local development scheme and should have regard to [1] : Development plan documents are subject to rigorous procedures of community involvement, consultation and independent examination. Once adopted, development control decisions must be made in accordance with the DPDs unless material considerations indicate otherwise. DPDs must be examined with a sustainability appraisal to ensure economic, environmental and social effects of

3588-511: The Crown, who may use them without having to obtain the consent of Parliament. The prime minister also has weekly meetings with the monarch. What is said in these meetings is strictly private; however, they generally involve government and political matters which the monarch has a "right and a duty" to comment on. Such comments are non-binding however and the King must ultimately abide by decisions of

3680-621: The European Parliament are immune from prosecution in EU states under any circumstance. As a consequence, neither EU bodies nor diplomats have to pay taxes, since it would not be possible to prosecute them for tax evasion. When the UK was a member of the EU, this caused a dispute when the US ambassador to the UK claimed that London's congestion charge was a tax, and not a charge (despite the name), and therefore he did not have to pay it—a claim

3772-478: The LDF deal with a wide range of local issues including promoting more energy efficient transport facilities, highway proposals and highway safety, ensuring an adequate supply of land for housing and other uses, safeguarding areas of countryside, and safeguarding important landscapes or sites of historic, ecological or scientific importance. More specific policies usually promote best practice in building design as

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3864-413: The LPA - under what are known as "delegated powers". Only major or controversial applications are decided by elected councillors meeting as a Planning Committee of the authority concerned. The agenda of the committee meeting with a report by planning officers on each planning application is usually published at least five working days before the meeting. The report on any planning application should contain

3956-406: The LPA before finalising any planning application in order to research the relevant planning policies and other local issues. LPAs vary in their attitude to pre-application discussion but the advantage is to front load the process, and reduce the formal planning application closer to a “rubber stamp”. In the past developers often submitted a planning application as the start of what was expected to be

4048-538: The LPA may take "enforcement action" to have the building removed, the land reinstated, or at least undertake the minimum measures required to remove the harm arising. Generally, a retrospective application for planning permission would be invited if there is a reasonable likelihood of it being permitted, and action taken if planning permission is refused or the development incapable of being made acceptable. Almost all planning permissions are granted conditionally and enforcement action can also be taken to secure compliance with

4140-453: The LPA to pay costs if its actions are shown to be both unreasonable and put the other side to unnecessary costs. The conduct of an appellant is similarly liable. The most effective methods of influencing the outcome of a planning application is to make written representations to the LOA and to one or more of the elected councillors who form the LPA, whose contact details are readily available on

4232-510: The LPA's website. Local councillors who are also members of the LPA's Planning Committee may be reluctant to meet with applicants or members of the public in person in order to prevent subsequent allegations of bias or pre-determination when the Planning Committee comes to make a decision. Councillors who are members of a Council's Planning Committee are subject to different restrictions regarding conflicts of interest , depending on

4324-623: The RSS until they were abolished in 2010. All PPS were replaced by the National Planning Policy Framework in 2012. Chapter 3 sets out the requirements for plan-making. The local development documents taken as a whole must set out the authority's policies relating to the development and use of land in their area. In the case of LDDs included in a minerals and waste development scheme, the LDDs together must also set out

4416-472: The UK's systems of town and country planning were established by the Town and Country Planning Act 1947 ( 10 & 11 Geo. 6 . c. 51) and, in Scotland, the Town and Country Planning (Scotland) Act 1947 ( 10 & 11 Geo. 6 . c. 53), it was generally expected that the great majority of new built development would be undertaken by the public sector : Local authorities , New Town Development Corporations , and

4508-453: The United Kingdom , officially His Majesty's Government , abbreviated to HM Government , is the central executive authority of the United Kingdom of Great Britain and Northern Ireland . The government is led by the prime minister (currently Keir Starmer since 5 July 2024) who selects all the other ministers . The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to

4600-424: The actual land owner), but also requires planning title for any buildings on the land, or uses to which the land and buildings are put. Planning title (usually referred to as " planning permission ") was granted for all pre-existing buildings and uses in 1948. Since that date planning permission has been required for all new development. A grant of planning permission relates to the land or building(s) concerned. With

4692-531: The advice of the Officers. This causes difficulty, because members of the public, action groups etc. not only ask Councillors to listen to their views, but also try to persuade them to commit for or against a Planning Application in advance, without understanding that if they do so there will be a risk of a legal challenge to the decision if those taking it have predetermined their position. Historically most decisions on planning applications have been framed around

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4784-565: The applicant to get their proposal right first time. About half a million planning applications are submitted throughout the UK each year. Of those around 60% relate to “householder applications” – that is for extensions or alterations to an individual's house. A much larger number of householder proposals are classed as permitted development and do not require a planning application to be made. Only about 30% of householder planning applications are significantly altered before being granted, or are actually refused permission as unacceptable. This raises

4876-617: The applicant/developer who is aggrieved by the decision of an LPA. Third parties such as a member of the public who disagrees with the decision of an LPA to grant planning permission do not have any right of appeal. Planning appeals in England and Wales are administered and decided by the Planning Inspectorate PINS, which is an executive agency of the UK Government. In Scotland appeals are determined by

4968-452: The authority's policies relating to minerals and waste development. Each framework will be a folder containing a number of inter-related documents. The Core Strategy, development plan documents and statement of community involvement are compulsory, with other documents being optional. This is a public 'project plan' which identify which local development documents will be produced, in what order and when. The local development scheme acts as

5060-495: The box'. The policy intention of the UK Government and most LPAs is that new developments should contribute positively to their surroundings, rather than merely avoid doing unacceptable harm. LPAs make extensive use of electronic systems for reasons of efficiency and also to encourage transparency. Almost all have their own website and electronic document management systems where planning applications can be viewed and commented upon, along with local planning policy documents viewed and

5152-440: The cabinet ministers for the department and junior ministers within the department may answer on behalf of the government, depending on the topic of the question. During debates on legislation proposed by the government, ministers—usually with departmental responsibility for the bill —will lead the debate for the government and respond to points made by MPs or Lords. Committees of both the House of Commons and House of Lords hold

5244-567: The central government. Development control Development Management ( DM ), formerly known as planning control , or development control , is the element of the United Kingdom 's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission , which

5336-411: The charity commissions) are legally more or less independent of the government, and government powers are legally limited to those retained by the Crown under common law or granted and limited by act of Parliament. Both substantive and procedural limitations are enforceable in the courts by judicial review . Nevertheless, magistrates and mayors can still be arrested and put on trial for corruption, and

5428-439: The committee meeting at all. There are often different views as to what constitutes “fairness” in deciding planning applications. Many public objections to new development are explicitly based on a perception of unfairness that developers and landowners should be allowed to profit, while near neighbours, the local environment or the community as a whole do not. More specific objections may also be given, but this apparent unfairness

5520-446: The conditions imposed. Unauthorised development can be the subject of a "stop notice" if there is an urgent need to prevent further harm. Under Section 77 of the Town and Country Planning Act 1990 , the Secretary of State for Housing, Communities and Local Government has the power to call in any planning application for his or her determination, taking it out of the hands of the local planning authority . The Caborn principles are

5612-436: The confidence of the House of Commons. It requires the support of the House of Commons for the maintenance of supply (by voting through the government's budgets) and to pass primary legislation . By convention, if a government loses the confidence of the House of Commons it must either resign or a general election is held. The support of the Lords, while useful to the government in getting its legislation passed without delay,

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5704-469: The country of the United Kingdom, and to a Code of Conduct which may be statutory or locally decided. In England , councillors are required to register Disclosable Pecuniary Interests and to declare them when they are engaged. They cannot speak or vote when they have such a conflict of interest. In Scotland , the relevant standards are decided by the Scottish Parliament and patrolled by

5796-440: The decision is made. The importance of public opinion is in adding flavour to the issues from the point of view of the decision maker. Applications cannot be determined on the basis of s popularity contest. They can be influential in deciding how much "weight" to give to different material considerations. Unpopular proposals often attract well orchestrated public opposition and it is not unusual for an LPA to receive multiple copies of

5888-499: The definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by legislation as " permitted development " (PD). These are in effect granted an automatic planning permission by law, rather than requiring any specific application for planning permission. Another way of looking at it is that Permitted Development is a form of nationally approved planning permission. Although still defined as "development" these works (may) avoid

5980-477: The established criteria for such a decision, which in practice is only rarely used. Applications for planning permission must by law be decided in accordance with relevant policies within the Development Plan prepared and published by the LPA, "unless other material considerations indicate otherwise". Development management is therefore "policy led". From 2006, in England, each area's Development Plan

6072-409: The exchequer to be a member of the House of Lords was Lord Denman , who served for one month in 1834. The British monarch is the head of state and the sovereign , but not the head of government . The monarch takes little direct part in governing the country and remains neutral in political affairs. However, the authority of the state that is vested in the sovereign, known as the Crown , remains

6164-559: The form of predetermination . There is much case law on this, and the present position (following the decision of the Court of Appeal in Persimmon Homes Teesside Limited v. Lewis 2008) is that whilst Members may have a predisposition to a view on a particular application, they must not have predetermined it in the sense that they come to the decision with their mind closed to the arguments of fellow members and

6256-532: The government has powers to insert commissioners into a local authority to oversee its work, and to issue directives that must be obeyed by the local authority if the local authority is not abiding by its statutory obligations. By contrast, as in European Union (EU) member states, EU officials cannot be prosecuted for any actions carried out in pursuit of their official duties, and foreign country diplomats (though not their employees) and foreign members of

6348-766: The government on the statement. When the government instead chooses to make announcements first outside Parliament, it is often the subject of significant criticism from MPs and the speaker of the House of Commons . The prime minister is based at 10 Downing Street in Westminster , London. Cabinet meetings also take place here. Most government departments have their headquarters nearby in Whitehall . The government's powers include general executive and statutory powers , delegated legislation , and numerous powers of appointment and patronage. However, some powerful officials and bodies, (e.g. HM judges, local authorities , and

6440-485: The government to account, scrutinise its work and examine in detail proposals for legislation. Ministers appear before committees to give evidence and answer questions. Government ministers are also required by convention and the Ministerial Code , when Parliament is sitting, to make major statements regarding government policy or issues of national importance to Parliament. This allows MPs or Lords to question

6532-519: The government. Royal prerogative powers include, but are not limited to, the following: While no formal documents set out the prerogatives, the government published the above list in October 2003 to increase transparency, as some of the powers exercised in the name of the monarch are part of the royal prerogative . However, the complete extent of the royal prerogative powers has never been fully set out, as many of them originated in ancient custom and

6624-467: The material planning considerations. However, while they cannot choose to simply ignore a relevant issue, provided they behave reasonably they are entitled to decide how much weight should be given to competing priorities. If planning permission is to be refused, or if enforcement action is to be taken against unauthorised development, then the LPA must give reasons in writing which show "demonstrable harm to interests of acknowledged importance". Unpopularity

6716-412: The original PPS 12: Local Development Frameworks which was produced in 2004. The local development framework replaces the previous system of county level structure plans and district level local plans , and unitary development plans for unitary authorities . The previous system was perceived as being too inflexible and difficult to change in a timely manner. The local development framework system

6808-552: The outcome of a permitted development as later built. A member of the public whose complaint is well founded and who has suffered genuine injury or injustice as a result of maladministration can also pursue their complaint at the national level through the Local Government Ombudsman . Both in Planning Committees and when taking other decisions, councillors are also required to avoid bias in

6900-424: The outcome of a planning application but MPs will scrupulously avoid seeking to influence the proper functioning of a democratically elected LPA. Although members are democratically elected, they should not decide applications on the basis of strength of public opinion, but according to planning law. If there are no substantial planning grounds for refusing an application, a planning inspector at appeal could well order

6992-433: The period of absolute monarchy , or were modified by later constitutional practice. As of 2019, there are around 120 government ministers supported by 560,000 civil servants and other staff working in the 24 ministerial departments and their executive agencies . There are also an additional 20 non-ministerial departments with a range of further responsibilities. In theory, a government minister does not have to be

7084-850: The plan are in line with sustainable development targets. In practice, many local authorities have found Local Development Frameworks difficult to implement. Although progress on Local Development Frameworks was made in the years 2012–2015, an assessment by Nathaniel Lichfield and Partners has found any progress to be "marginal". British Government King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee The government of

7176-563: The proposal evolved, and acts as a check upon the quality of the decision making process which led to that proposal by the developer concerned. Most are written at the end of the process and are of limited value. Isochrone maps may be included. The issue of what might be a material planning consideration in deciding any given case can be complex. This issue has never been legislated upon by Parliament and consists entirely of judge -made law arising out of numerous cases decided by British courts . In short, they are planning issues relevant to

7268-460: The public to address the Planning Committee before making their decision. However, the Committee is "a meeting conducted in public", rather than "a public meeting"; although given an opportunity to speak at the outset of the meeting, members of the public will not be allowed to join in the committee's debate. There are a number of LPAs that still do not permit the public or the applicant to speak at

7360-464: The question of whether the proposed development is “bad enough to warrant being refused planning permission”. The thrust of recent reforms to the planning system as a whole has been to raise the game of both developers and their advisors, along with LPAs, so that the question becomes “is the proposed development good enough to deserve planning permission”. In reality the test is a more neutral "Is it acceptable in planning terms"? The requirement to prepare

7452-421: The representations that have been made by each party. A planning inspector (or equivalent) may find fault with the reasoning of the LPA but still dismiss the appeal based on their own reasoning of the issues and planning policies which are relevant to the case. In England around 65% of planning appeals uphold the original decision of the LPA. The public have a right to be consulted before any planning application

7544-455: The same pre-written letter of objection from a large number of people, or petitions with numerous signatures. It is not unknown for LPAs to receive letters of objection to a proposal with fake names and addresses in an effort to increase the level of apparent public opposition to a planning application. Some objectors to a development will also write to their Member of Parliament or to other people who are mistakenly believed to have influence over

7636-594: The same requirement as officers to determine applications development plan first and also considering material considerations. Members may need to temper the views of their constituents with a clear judgement of the planning merits of the case. Applications should not be determined on the basis of their popularity of unpopularity. The committee may refuse planning permission for development even if their own professional planning officers have recommended that planning permission be granted, or allow an application that officers recommend should be refused. However this must be based on

7728-433: The source of executive power exercised by the government. In addition to explicit statutory authority , the Crown also possesses a body of powers in certain matters collectively known as the royal prerogative . These powers range from the authority to issue or withdraw passports to declarations of war. By long-standing convention, most of these powers are delegated from the sovereign to various ministers or other officers of

7820-666: The sovereign, although this authority is exercised only after receiving the advice of the Privy Council . The prime minister, the House of Lords, the Leader of the Opposition, and the police and military high command serve as members and advisers of the monarch on the Privy Council. In most cases the cabinet exercise power directly as leaders of the government departments , though some Cabinet positions are sinecures to

7912-471: The specific case. What is material to one application may not be material to another. The decision maker needs to choose, subject to challenge in the courts. A local or Government planning policy is most likely to be material and issues of public safety or amenity can be in any given case. An important point is that planning control is concerned only with the broad public interest, rather than protecting any person's private interests. Competition between businesses

8004-400: The start of Edward VII 's reign in 1901, by convention, the prime minister has been an elected member of Parliament (MP) and thus answerable to the House of Commons, although there were two weeks in 1963 when Alec Douglas-Home was first a member of the House of Lords and then of neither house. A similar convention applies to the position of chancellor of the exchequer . The last chancellor of

8096-419: The starting point for the community and stakeholders to find out about the local authority's planning policies in respect to a particular place or issue, and what the status of those policies is. It also outlines the details of, and timetable for the production of all documents that make up the local development framework over a three-year period. All local authorities submitted their local development schemes to

8188-480: The statement being adopted, local authorities must ensure that any plan preparation work meets these minimum requirements. A key outcome of the SCI will be to encourage 'front loading' meaning that consultation with the public begins at the earliest stages of each document's development so that communities are given the fullest opportunity to participate in plan making and to make a difference. The Annual Monitoring Report

8280-581: The supreme decision-making committee, known as the Cabinet . Ministers of the Crown are responsible to the House in which they sit; they make statements in that House and take questions from members of that House. For most senior ministers this is usually the elected House of Commons rather than the House of Lords . The government is dependent on Parliament to make primary legislation , and general elections are held every five years (at most) to elect

8372-420: The then-new National Health Service , for example. In those cases the commissioning body would grant itself planning permission for the proposals concerned. However, a separate system to grant or withhold planning permission for the small amount of development which would be undertaken by the private sector was also required. This was the origin of the modern system of planning control. In fact this expectation

8464-512: Was entirely mistaken as, by the mid 1950s, the rate of private sector development was vastly exceeding that of the public sector. In modern times, development, including that by government departments and local authorities requires planning permission, and is subject to the same process of scrutiny as any private developer. An increasing range of developments are permitted development – a form of planning permission granted nationally or locally by order in advance. In recent years, planning has become

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