Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved 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. 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, th ...

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 coun ...

. These concerns were expressed through the work of thinkers such as Ebenezer Howard and the philanthropic 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, and architects such as Raymond Unwin, PRIBA, and Patrick Abercrombie. The

Housing and Town Planning Act 1909 The Housing, Town Planning, &c. Act 1909 (c. 44) was an Act of the Parliament of the United Kingdom which prevented the building of "back-to-back" houses. The act also meant local authorities must introduce systems of town planning and meant homes ...

, 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 o ...

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. 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 ...

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 and the Town and Country Planning Act 1947.

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 co ...

were added in 1955 via a government circular. Furthermore, the 1947 Act introduced a requirement, which still exists, on local authorities to develop forward looking policy documents such as

Local Plans A development plan sets out a local authority's policies and proposals for land use in their area. The term is usually used in the United Kingdom. A Local Plan is one type of development plan. The development plan guides and shapes day-to-day dec ...

or Unitary Development Plans 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 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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

. 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 ...

, the Planning (Hazardous Substances) Act 1990, and the Planning (Consequential Provisions) Act 1990. These four Acts are referred to as the

Planning Acts Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own pl ...

. 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

provisions. The Planning and Compulsory Purchase Act 2004 made substantial changes to the English Development Plan system. It did away with both Structure Plans and

, 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 ...

(LDFs), which are made up a number of Local Development Documents (LDDs) and Supplementary Planning Documents (SPDs). The Regional Spatial Strategy (RSS), which is produced by Regional Assemblies in England, 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 union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...

laws. Planning Policy Guidance Notes are also being gradually replaced by Planning Policy Statements. 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 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 Wandsworth () is a London borough in southwest London; it forms part of Inner London and has an estimated population of 329,677 inhabitants. Its main named areas are Battersea, Balham, Putney, Tooting and Wandsworth Town. The borough border ...

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.

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. *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 A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...

. 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)
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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 *C2: residential institutions *C3: dwellinghouses *C4: house in multiple occupation (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. 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 * Local Planning Authority * Advisory team for large applications * Planning and Compulsory Purchase Act 2004 * General Permitted Development Order * National Planning Policy Framework, replacing the Planning Policy Guidance Notes and Planning Policy Statements * 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 The Planning etc. (Scotland) Act 2006 is an Act of the Scottish Parliament, one effect of which was the creation of four Strategic Development Planning Authorities. These bodies each comprise several local planning authorities and are charged wi ...

and the Planning Act (Northern Ireland) 2011 * Planning and Compulsory Purchase Act 2004 * Planning Act 2008 * Localism Act 2011 A long list of other unconsolidated Acts and Regulations also affect UK planning. For example, the Localism Act 2011 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. Cr ...

for national projects, set up by the Planning Act 2008 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 Departments of the Government of the United Kingdom, department of Government of the United Kingdom, His Majesty's Government ...

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 legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...

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