Development management in the United Kingdom
Development Management, 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 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 in the United Kingdom. Generally they are the local borough or district council or 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.
History
When the UK's systems of town and country planning were established by the Town and Country Planning Act 1947 and, in Scotland, the Town and Country Planning Act 1947, 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 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 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 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 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" 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.
Scope of development management
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, but also requires planning title for any buildings on the land, or uses to which the land and buildings are put. Planning title 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 concerned. With 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 the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by legislation as "permitted development". 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 avoid 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 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.
There is a separate system of control over alterations to buildings which are listed as being of architectural or historic interest. Alterations to such a building that affect its architectural or historic character, inside or outside, require "listed building consent". 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 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. 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 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 the conditions imposed. Unauthorised development can be the subject of a "stop notice" if there is an urgent need to prevent further harm.
Call-in by Secretary of State
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 the established criteria for such a decision, which in practice is only rarely used.Principles of development management
Development Plan and Local Development Framework
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 is to be replaced by a Local Development Framework. 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 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 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.