Town and country planning in the United Kingdom is the part of English land law which concerns

land use planning Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals ...

. Its goal is to ensure sustainable economic development and a better environment. Each

country of the United Kingdom A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, while th ...

has its own planning system that is responsible for town and country planning, which outside of England is

devolved Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories ...

to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.

History

The roots of the UK town and country planning system as it emerged in the immediate post-war years lay in concerns developed over the previous half century in response to industrialisation and

urbanisation Urbanization (or urbanisation) refers to the population shift from rural to urban areas, the corresponding decrease in the proportion of people living in rural areas, and the ways in which societies adapt to this change. It is predominantly the ...

. The particular concerns were

pollution Pollution is the introduction of contaminants into the natural environment that cause adverse change. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the ...

urban sprawl Urban sprawl (also known as suburban sprawl or urban encroachment) is defined as "the spreading of urban developments (such as houses and shopping centers) on undeveloped land near a city." Urban sprawl has been described as the unrestricted growt ...

, and

ribbon development Ribbon development refers to the building of houses along the routes of communications radiating from a human settlement. The resulting linear settlements are clearly visible on land use maps and aerial photographs, giving cities and the countrys ...

. These concerns were expressed through the work of thinkers such as

Ebenezer Howard Sir Ebenezer Howard (29 January 1850 – 1 May 1928) was an English urban planner and founder of the garden city movement, known for his publication ''To-Morrow: A Peaceful Path to Real Reform'' (1898), the description of a utopian city in whic ...

and the

philanthropic Philanthropy is a form of altruism that consists of "private initiatives, for the public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private good, focusing on material ...

actions of industrialists such as the

Lever Brothers Lever Brothers was a British manufacturing company founded in 1885 by two brothers: William Hesketh Lever, 1st Viscount Leverhulme (1851–1925), and James Darcy Lever (1854–1916). They invested in and successfully promoted a new soap-making p ...

and the

Cadbury family The Cadbury family is a wealthy British family of Quaker industrialists descending from Richard Tapper Cadbury. * Richard Tapper Cadbury (1768–1860) draper and abolitionist, who financed his sons' start-up business ** John Cadbury (1801–1889 ...

, and architects such as

Raymond Unwin Sir Raymond Unwin (2 November 1863 – 29 June 1940) was a prominent and influential English engineer, architect and town planner, with an emphasis on improvements in working class housing. Early years Raymond Unwin was born in Rotherham, York ...

, PRIBA, and

Patrick Abercrombie Sir Leslie Patrick Abercrombie (; 6 June 1879 – 23 March 1957) was an English regional and town planner. Abercrombie was an academic during most of his career, and prepared one city plan and several regional studies prior to the Second Worl ...

. The Housing and Town Planning Act 1909, the Housing and Town Planning Act 1919, the Town Planning Act 1925 and the

Town and Country Planning Act 1932 A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an ori ...

were initial moves toward modern

urban planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...

legislation. By the outbreak of

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

, thinking was sufficiently advanced that a ministry was established on 7 February 1943 under William Morrison, the former

Postmaster-General A Postmaster General, in Anglosphere countries, is the chief executive officer of the postal service of that country, a ministerial office responsible for overseeing all other postmasters. The practice of having a government official responsible ...

. During the war, a series of Royal commissions looked into specific problems in urban planning and development control. These included: * The Barlow Commission (1940) into the distribution of industrial population * The Scott Committee into rural land use (1941) * The Uthwatt Committee into compensation and betterment (1942) * The Reith Report into New Towns (1947) Also, Patrick Abercrombie developed the

Greater London Plan The Greater London Plan of 1944 was developed by Patrick Abercrombie (1879–1957). The plan was directly related to the County of London Plan written by John Henry Forshaw (1895–1973) and Abercrombie in 1943. Following World War II, London w ...

for the reconstruction of

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

, which envisaged moving 1.5 million people from London to new and expanded towns. These intellectual efforts resulted in the

New Towns Act 1946 The New Towns Acts were a series of Acts of the Parliament of the United Kingdom to found new settlements or to expand substantially existing ones, to establish Development Corporations to deliver them, and to create a Commission to wind up the ...

and the

Town and Country Planning Act 1947 The Town and Country Planning Act 1947 (10 & 11 Geo. VI c. 51) was an Act of Parliament in the United Kingdom passed by the Labour government led by Clement Attlee. It came into effect on 1 July 1948, and along with the Town and Country Plannin ...

Modern planning

The 1947 Act, in effect, nationalised the right to develop land. It required all proposals, with a few exceptions, to secure

planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building per ...

from the local authority, with provision to appeal against refusal. It introduced a ''development charge'' to capture the

planning gain Planning gains (or planning obligations) are ways that local authorities in the United Kingdom can secure additional public benefits from developers, during the granting of planning permission. Planning gains seek to capture some of the uplift in l ...

which arises when permission to develop land is granted. This was abolished by the 1954 Town and Country Planning Act passed under subsequent Conservative government.

Green belts Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 nm. In subtractive color systems, used in painting and color printing, it is created by a combin ...

were added in 1955 via a

government circular A government circular is a written statement of government policy. It will often provide information, guidance, rules, and/or background information on legislative or procedural matters. See also *List of circulars {{short description, None This ...

. Furthermore, the 1947 Act introduced a requirement, which still exists, on local authorities to develop forward looking policy documents such as Local Plans or

Unitary Development Plan In United Kingdom planning law, a unitary development plan (UDP) is a development plan prepared by a metropolitan district, London Borough or some unitary local authorities. Background UDPs contains policies equivalent to those in both a str ...

s to outline what kind of development is permitted where, and to mark special areas on Local Plan Maps (today referred to as policies map). It did not introduce a formal system of

zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...

as used in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

. Counties developed Structure Plans that set broad targets for the wider area. Structure Plans were always problematic and were often in the process of being replaced by the time they were formally adopted. Over the years, the planning system has undergone a number of alterations, which were consolidated in the

Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the United Kingdom Parliament regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United ...

(TCPA 1990). Section 106 substantially re-wrote Section 52 from the former Act, settling the concept of agreements (known as "planning obligation agreements," or more commonly "Section 106 agreements"), under which the developer is subject to detailed arrangements and restrictions beyond those that a planning condition could impose, or by which they make agreed financial contributions beyond the immediate building works to offset development effects on the local community. This was soon amended to allow a developer to self-impose obligations to preempt objections to planning permission. This prevents the planning authority from blocking a permission by merely failing to negotiate. Three further Acts related to planning are associated with this primary act: The

Planning (Listed Buildings and Conservation Areas) Act 1990 The Planning (Listed Buildings and Conservation Areas) Act 1990 is an Act of Parliament of the United Kingdom that altered the laws on granting of planning permission for building works, notably including those of the listed building system in En ...

, the

Planning (Hazardous Substances) Act 1990 The Planning (Hazardous Substances) Act 1990 was an Act of Parliament in the United Kingdom to consolidate certain enactments relating to special controls in respect of hazardous substances with amendments to give effect to recommendations of the ...

, and the Planning (Consequential Provisions) Act 1990. These four Acts are referred to as the Planning Acts. Almost immediately after parliament passed these Acts, the government had further thoughts on the control of land development, which led to the

Planning and Compensation Act 1991 The Planning and Compensation Act 1991 was an Act of Parliament in the United Kingdom to amend the law relating to town and country planning. It was intended to extend the powers to acquire by agreement land which may be affected by carrying out ...

, which made important alterations to many of the Planning Acts provisions. The

Planning and Compulsory Purchase Act 2004 The Planning and Compulsory Purchase Act 2004 (c 5) is an Act of the Parliament of the United Kingdom. It was promoted by the Office of the Deputy Prime Minister. It substantially reforms the town planning and compulsory purchase framework in th ...

made substantial changes to the English Development Plan system. It did away with both Structure Plans and Local Plans, in favour of

Local Development Frameworks A local development framework is the spatial planning strategy introduced in England and Wales by the Planning and Compulsory Purchase Act 2004 and given detail in Planning Policy Statements 12. In most parts of the two countries, maintaining th ...

(LDFs), which are made up a number of

Local Development Documents A local development framework is the spatial planning strategy introduced in England and Wales by the Planning and Compulsory Purchase Act 2004 and given detail in Planning Policy Statements 12. In most parts of the two countries, maintaining th ...

(LDDs) and Supplementary Planning Documents (SPDs). The Regional Spatial Strategy (RSS), which is produced by

Regional Assemblies in England The regional chambers of England were a group of indirectly elected regional bodies that were created by the provisions of the Regional Development Agencies Act 1998. There were eight regional chambers, one for each of the regions of England exce ...

, replaces the Structure Plan as the strategic planning document (i.e., the RSS that's targets for housing and employment development within each district in a Region in the future). A variation on this approach exists in Wales. Local Authorities are also now required to produce

Local Development Scheme A local development framework is the spatial planning strategy introduced in England and Wales by the Planning and Compulsory Purchase Act 2004 and given detail in Planning Policy Statements 12. In most parts of the two countries, maintaining th ...

s (LDS) – which outline the work the LDDs/SPDs they intend to produce over a three-year period, and Statements of Community Involvement (SCI), which outline how the Council will involve the local community. All LDDs and SPDs also have to be accompanied by a Sustainability Appraisal (SA) and a Strategic Environmental Assessment (SEA). The SEA is a requirement under

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

laws.

Planning Policy Guidance Notes In the United Kingdom, Planning Policy Guidance Notes (PPG) were statements of the Government's national policy and principles towards certain aspects of the town planning framework. These national policy documents were originally known as PPGs a ...

are also being gradually replaced by

Planning Policy Statements Planning Policy Statements (PPS) were UK government statements of national policy and principles towards certain aspects of the town planning framework. In recent years they only applied to England. However, they still exist within the Northern Iri ...

. Minor variations were allowed to planning permissions, recognising that information provided for planning permission does not provide enough detail for actual construction. Working drawings are required first, and architects often make small changes to accommodate a building's technical requirements. Also, plans might change on site to overcome unforeseen problems. Legality of minor amendments was challenged in 2006, and central government advice to many local authorities was that any variation to a planning permission should require planning approval. The

Localism Act 2011 The Localism Act 2011 (c. 20) is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and commun ...

introduced wide-ranging changes to the planning system in England. The bill introduced legal provision under which local communities (led by parish councils or neighbourhood forums) could develop neighbourhood plans. Similar to development management documents produced by the local authority, neighbourhood plans have statutory weight, so that they are considered in the determination of planning applications.

On-line access

Historically, planning applications were submitted in paper form to designated Council offices and displayed for a statutory period at public libraries or offices. In December 1995, the London Borough of Wandsworth created a website that published electronic images of planning application documents. This technology greatly improved access to application-related documents for all participants in the planning process. Within ten years, most planning authorities within the UK followed suit. Other access methods now include routing inquiries through a centrally-hosted public or privately hosted website, such as UKPlanning or the national

Planning Portal The 'Planning Portal'' is a website that was established by UK Government in 2002 to allow planning applications Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant ...

Appeals

An applicant may appeal against a refusal of planning permission. A neighbour who objects to an application has no right of appeal, but may appeal to the local authority ombudsman if they can make a case of maladministration by the local authority. In such a case the ombudsman has no powers to enforce a retraction of the permission, but it may sanction the local authority. Appeals can be made: *In England, to the Secretary of State for Communities and Local Government. *In Northern Ireland, to the Planning Appeals Commission. *In Scotland, to the Scottish Government; Directorate for Planning & Environmental Appeals or a Local Review Body of the

local planning authority A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area. They exist in the United Kingdom and India. United Kingdom Mineral planning authorities The role ...

. *In Wales, to the Assembly. In England and Wales the appeal is heard by a planning inspector, while in Scotland this role is filled by a reporter. There has often been talk of making the inspectors independent of government ministers, as in the Planning Appeals Commission in Northern Ireland.Planning Appeals Commission (Northern Ireland)
/ref>

Use classes

The requirement to obtain planning permission extends not only to new construction, but also some changes of use of a property. To simplify this the Government from time to time publishes a Use Classes Order. Planning permission is not normally required for a change of use within a Class but change of use to a different Use Class generally requires permission. Separate Orders are made in respect of England, Scotland and Wales. In all cases the appropriate Class is determined by the 'primary purpose' of the use and a use may have other elements that are different but ‘ordinarily incidental’. For example, a restaurant may have some takeaway sales. The use of some properties is also limited by conditions imposed on the original planning permission. Use Classes England Use Classes in England were extensively revised on 1st September 2020 (he revisions do not apply to Wales). The new Order introduced a new Class E encompassing most business, retail and similar uses replacing the previous Classes A1, A2, A3 and B1, B2 as well as parts of the old Class D (such as health uses and day nurseries). The new Class reads Class E. Commercial, Business and Service Use, or part use, for all or any of the following purposes— (a)for the display or retail sale of goods, other than hot food, principally to visiting members of the public, (b)for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises, (c)for the provision of the following kinds of services principally to visiting members of the public— (i)financial services, (ii)professional services (other than health or medical services), or (iii)any other services which it is appropriate to provide in a commercial, business or service locality, (d)for indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public, (e)for the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner, (f)for a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public, (g)for— (i)an office to carry out any operational or administrative functions, (ii)the research and development of products or processes, or (iii)any industrial process, being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. It also introduced a new Class F1 and F2 replacing those uses from the previous Class D1 and D2 that had not been swept up into Class E. Class F2 is unusual in that it separates certain small local shops from Class E. The Order reads Class F.1 Learning and non-residential institutions Any use not including residential use— (a)for the provision of education, (b)for the display of works of art (otherwise than for sale or hire), (c)as a museum, (d)as a public library or public reading room, (e)as a public hall or exhibition hall, (f)for, or in connection with, public worship or religious instruction, (g)as a law court. Class F.2 Local community Use as— (a)a shop mostly selling essential goods, including food, to visiting members of the public in circumstances where— (i)the shop’s premises cover an area not more than 280 metres square, and (ii)there is no other such facility within 1000 metre radius of the shop’s location, (b)a hall or meeting place for the principal use of the local community, (c)an area or place for outdoor sport or recreation, not involving motorised vehicles or firearms, (d)an indoor or outdoor swimming pool or skating rink.”. As before, a number of uses are deemed sui generis (in themselves) and planning permission is required for any change of use to or from such uses. The list excludes. Theatres. Amusement arcades/centres or funfairs. Launderettes. Petrol filling stations. Hiring, selling and/or displaying motor vehicles. Taxi businesses. Scrap yards (or for the storage/distribution of minerals and/or the breaking of motor vehicles). Any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended)). Hostels (providing no significant element of care. Waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste. Retail warehouse clubs. Nightclubs. Casinos. Betting offices/shops. Pay day loan shops. Public houses, wine bars, or drinking establishments (previously Class A4). Drinking establishments with expanded food provision (previously Class A4. Note a restaurant Is Class E). Hot food takeaways (Previously Class A5. Hot food to eat in is of course a restaurant, Class E). Venues for live music performance. Cinemas. Concert halls. Bingo halls Dance halls.) Prior to September 2020 the Use Classes for England and Wales were: *A1: shops *A2: financial and professional services *A3: restaurants and cafés *A4: drinking establishments *A5: hot food takeaways *B1: businesses (offices, light industry) *B2: general industrial *B8: storage and distribution *C1:

hotels A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small room to large suites with bigger, higher-quality beds, a dresser, a ref ...

*C2: residential institutions *C3:

dwellinghouse A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condit ...

s *C4:

house in multiple occupation A house in multiple occupation (HMO), or a house of multiple occupancy, is a British English term which refers to residential properties where ‘common areas’ exist and are shared by more than one household. Most HMOs have been subdivided from ...

(HMO or HiMO) *D1: non-residential institutions (schools, libraries, surgeries) *D2: assembly and leisure (cinemas, swimming baths, gymnasiums) Classes A3 to A5 were formed in the 2005 amendment by a split of the previous A3 class 'Food and Drink', though this split was not effected in Wales; jurisdiction over secondary planning legislation being by then a matter for the

Assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...

. V

Development control

A key part of planning control is exercised in the UK by preventing any significant development of property without permission by the local authority. In Part III of the

, under section 59 the Secretary of State delegates to public bodies the right to grant planning permission.

Elements of the modern system

* The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 *

Department for Communities and Local Government The Department for Levelling Up, Housing and Communities (DLUHC), formerly the Ministry for Housing, Communities and Local Government (MHCLG), is a department of His Majesty's Government responsible for housing, communities, local governme ...

Local Planning Authority A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area. They exist in the United Kingdom and India. United Kingdom Mineral planning authorities The role ...

* Advisory team for large applications *

General Permitted Development Order The Town and Country Planning (General Permitted Development) (England) Order 2015 (the "GPDO 2015") is a statutory instrument, applying in England, that grants planning permission for certain types of development (such development is then refe ...

National Planning Policy Framework The National Planning Policy Framework (NPPF) is a land-use planning policy in the United Kingdom. It was originally published by the UK's Department of Communities and Local Government in March 2012, consolidating over two dozen previously is ...

, replacing the

and

* Design and access statement

Main legislation

, for England and Wales, plus the

Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Scotland) Act 1997 is the principal piece of legislation governing the use and development of land within Scotland. The act's forerunner was the Town and Country Planning (Scotland) Act of 1972. The 1997 act is suppo ...

and the Planning etc (Scotland) Act 2006 and the Planning Act (Northern Ireland) 2011 *

Planning Act 2008 The Planning Act 2008 is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom intended to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilitie ...

A long list of other unconsolidated Acts and Regulations also affect UK planning. For example, the

abolished the

Infrastructure Planning Commission The Infrastructure Planning Commission (IPC) was a non-departmental public body responsible for the examining and in certain circumstances the decision making body for proposed nationally significant infrastructure projects in England and Wales. Cre ...

for national projects, set up by the

and recentralised control in the hands of the Secretary of State.

Criticism

The aim of recent reforms to the planning system was to simplify and speed up the production of plans. The financial costs and time delays associated with the new system are significant and the

Barker Review of Housing Supply The Barker Review of Housing Supply published its final report on 17 March 2004. The report was written by the economist Kate Barker and presented recommendations to the UK government for securing future housing needs. The findings of the report wer ...

(2004) on the planning system suggested some of the requirements were unnecessary and delaying the delivery of sustainable and social housing, and recommended early revisions to the regulations.

HM Treasury His Majesty's Treasury (HM Treasury), occasionally referred to as the Exchequer, or more informally the Treasury, is a department of His Majesty's Government responsible for developing and executing the government's public finance policy and ...

noted the recommendation to redirect a portion of Section 106 financial contributions as a "planning gain supplement"" for wider community needs and has responded by an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

that will levy "a tax on the increase in the value of land resulting from the grant of permission for development". Planning-gain Supplement (Preparations) Bill 2006–07
Chancellor of the Exchequer, Her Majesty's Treasury *Planning Green Paper *Planning white paper (Scotland): Modernising the planning system

References

External links

The Planning Portal – the UK government's online planning and building regulations resourceDepartment for Communities and Local Government (England)Scottish Executive – Planning and BuildingThe Planning Service (Northern Ireland)GamePlan – A Lean Construction principlesPlanning Process and EIA
{{UK planning English land law Housing in the United Kingdom Law of the United Kingdom Towns in the United Kingdom

History

Modern planning

On-line access

Appeals

Use classes

Development control

Elements of the modern system

Main legislation

Criticism

See also

References

Further reading

External links