How the Planning System Works

Being a critical step in the development process, Planning is important to get right. Failure to achieve planning will prevent development, and a sub-optimal planning permission can have significant impact on the viability and the value of any site.

Planning can seem like a simple process, and for some projects it can be. For most (and increasingly so over the last twenty years) planning is a complex and unpredictable process that requires skill and resources to undertake effectively. It is a process that requires a good understanding of the implications of the intricacies on the value of the site once planning is achieved.

Planning is a general term that encompasses many different types of permission depending on the type of and stage of the project.

See Planning Stages Timeline

In general terms, development is governed by a plan-led system. Each local authority has a plan that sets out the development strategy in its region. This plan will identify where, what, and how development is directed, as well as specific policies to shape the development that comes forward. In addition to this, national planning policy and planning laws coincide with local planning, and sets national guidance and policies that sit across all local authorities.

Parishes and Towns can also have Neighbourhood Plans, which complement local policy and set specific policies for that settlement only.

The planning process for land in the countryside will be different, for example, from the change of use of buildings that is permitted under national policy (but subject to local policies).

The Local Plan

Local Plans are the key documents through which local planning authorities can set out a vision and framework for the future development of the area, engaging with their communities in doing so. Local Plans address needs and opportunities in relation to housing, the local economy, community facilities and infrastructure. They should safeguard the environment, enable adaptation to climate change and help secure high quality accessible design.

The Local Plan provides a degree of certainty for communities, businesses and investors, and a framework for guiding decisions on individual planning applications.

The Local Plan must be supported by a robust evidence base. For housing this means that it must plan to meet objectively assessed needs for market and affordable housing, as far as is consistent with national planning policy. This includes identifying a 5 year supply of specific deliverable sites that should be updated annually.

Stages in a Local Plan

1. Initial evidence gathering and consultation

Formulate initial aims and objectives
Begin evidence gathering
Notify relevant consultation bodies and those carrying on business in the area and invite them to make representations

Producing the Local Plan should be a shared endeavour – led by the local planning authority but in collaboration with local communities, developers, landowners and other interested parties. What is termed the Regulation 18 consultation marks the start of the engagement stage of this process and represents the scoping stage to decide what should be included in the Plan. The legislation requires that various bodies and stakeholders be notified that the council is preparing a plan. It invites them to comment about what that plan ought to contain.

2. Publication

The Local Plan is formally published for a minimum of 6 weeks for representations to be made

After a proposed Plan has been prepared and published, a Regulation 19 consultation provides an opportunity for representations to be made regarding the proposed local plan before it is examined by a planning inspector. The Inspector will consider all comments on the plan that are made within the consultation period.

3. Submission

The Local Plan, representations, and other required documents are submitted to the Planning Inspectorate. The Planning Inspectorate arranges for the Local Plan to be scrutinised through an examination by an independent inspector.

4. Found sound

Inspector writes a report setting out whether the Local Plan is sound and satisfies legal requirements. If the Local Plan is not sound, the local planning authority can ask the inspector to recommend modifications to make it sound.

5. Adoption

If the inspector recommends that the Local Plan may be adopted, the local planning authority may formally adopt it (usually by a vote in full Council). Once adopted, it is part of the development plan for the local area.

For many development projects an allocation for development in the Local Plan will be required in order to submit a planning application. Engaging in the Local Plan process to secure an allocation is therefore critical for many sites.

There are a number of possible strategies or opportunities that a landowner hoping to have their land allocated in the Local Plan can take to inform and influence decision-making.

Amongst these are –

Talks and lobbying direct with the Local Planning Authority
Providing reports, documents and other promotional materials
Highlighting benefits in comparison with other proposed sites in the Plan area.
Undertaking technical assessments and collating evidential guidance
Stakeholder identification and engagement – for example, Parish or Town Councils, interest groups, infrastructure providers, statutory consultees.

If the Landowner’s site is not allocated for development in the Local Plan it may be possible to challenge the Local Plan if there were mistakes made in the plan-making process.

If the promotion of the land to the Local Plan has been successful, then when the Local Plan is adopted, the site will be allocated within it, and this creates policy opening the door for a planning application for development on the land to be made.

The Neighbourhood Plan

Neighbourhood planning is a recent right for communities and gives them direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area. There is significant flexibility in what neighbourhood plans can include – they can involve, for example, just a few policies on design or retail uses or they can be comprehensive plans incorporating a diverse range of policies and site allocations for housing or other development.

All neighbourhood plans and orders are subject to an independent examination and a vote by the local community in a referendum.

When a neighbourhood plan has passed examination, achieved successful local support through referendum and is then formally ‘made’ by the Local Planning Authority, will it form part of the statutory ‘development plan’ which is used by the local planning authority in deciding planning applications.

Stages in a Neighbourhood Plan

1. Identification and designation of a neighbourhood area

The local community identifies an appropriate boundary for neighbourhood planning and applies to the local planning authority (LPA) for the area to be designated. The LPA publicises and consults on the application and makes a decision on the neighbourhood area extent.

4. Examination

An independent examiner makes recommendations to the LPA on whether the draft neighbourhood plan or order meets basic conditions and other legal tests. The LPA then considers the report and decides whether the neighbourhood plan or order should proceed to referendum.

2. Initial evidence gathering and consultation

The local community formulates visions and objectives, gathers evidence and drafts details of the proposals for a plan or order. There is then a consultation on these proposals for a minimum of 6 weeks.

5. Referendum and implementation

A referendum is held to ensure that the community decides whether a neighbourhood plan should be part of the development plan for the area. If a majority of those who vote support the neighbourhood plan, the LPA must bring it into force.

3. Submission

The proposed Neighbourhood Plan is submitted to the local planning authority, which publicises the plan for a minimum of 6 weeks and invites representations. The local planning authority arranges for an independent examination of the Plan.

Planning Application Processes

Prior to an application being made, there will often be formal or informal discussions with the Local Planning Authority. Where appropriate, a Planning Performance Agreement can be entered into which acts as a memorandum of understanding between the LPA and the applicant as to timescales, actions and resources.

The Planning Application is then lodged; this may be for Outline Permission with matters of scheme detail reserved for subsequent examination and agreement, or this may be for Full Permission, i.e in detail. If unsuccessful (a Refusal), then initiating an Appeal process may be necessary. Depending on the nature and scale of the proposals, a significant amount of work must be undertaken to prepare the application. Most applications will require assessment of highways and infrastructure, environment and ecology, landscape and visual impact, design and access, flooding, community involvement, to name but a few.

Prior to planning permission being formally granted, various other matters need to be agreed. For example, a Section 106 Agreement will need to be entered into which confirms certain obligations to be fulfilled as part of the development. Applications may need to consider others such as Community Infrastructure Levy, SANG obligations, and infrastructure agreements such as Section 278 agreements.

If you would like to discuss the optimal process of progressing your development project please contact Hambleden for a no-obligation discussion. Email us on enquiries@hambleden.co.uk or call George Newcombe on 01491 714 071