A practical glossary of essential planning terms, explained clearly to help you navigate the planning system with confidence.
Housing for sale or rent, for those whose needs are not met by the market, and including Social Rent, Affordable Rent, Discounted Market Sale and Shared Ownership dwellings. See the definition in Annex 2 to the NPPF.
A planning condition that restricts the occupancy of a dwelling in the countryside to individuals who are employed, or were last employed, in agriculture or forestry.
An early historical structure considered of archaeological, historical or cultural importance and designated under the Ancient Monuments and Archaeological Areas Act 1979. Strict planning controls apply.
An appeal by an applicant for planning permission against either a failure by the LPA to determine an application within the statutory timetable or a refusal of permission. Â Determined by an independent planning inspector appointed by the Planning Inspectorate.
An area of countryside designated as having natural features of exceptional beauty and given a protected status under the Countryside and Wildlife Act 2000.
A statutory condition attached to certain planning permission requiring the developer to make a net improvement (usually 10%) in the biodiversity of the site of the development assessed using a metric prepared by Natural England. The improvement can be provided on or off-site.
Regulations governing building construction and safety standards (the Building Regulations 2010). Strictly speaking not a planning issue.
A certificate issued by the LPA under confirming either that existing or proposed use or development is lawful under planning legislation.
When a building or land is used for a purpose materially different from its authorized use. This will often require planning permission.
Classes of development (the conversion of agricultural buildings to dwellings or to certain commercial uses) authorised by the General Permitted Development Order. Subject to a range of restrictions and conditions.
A local levy on certain development which is granted planning permission. Charged under the Community Infrastructure Levy Regulations 2010 (as amended). Notoriously bureaucratic. Even the slightest procedural errors by a developer or landowner risk the loss of any exemptions that might be available.
The power of a public authority to acquire land without the owner’s consent for public benefit and in exchange for compensation.
A condition attached to a planning permission.
A designated area of special architectural or historic interest, where stricter planning controls apply.
A designated area of special architectural or historic interest, where stricter planning controls apply.
The carrying out of building, engineering, mining, or other operations in, on, over, or under land or a material change of use of the land as defined in s. 55 of the TCPA.
A public body created either by the Secretary of State or a metro mayor to acting as the LPA for development within a defined area (often cross boundary).
An appeal to the Planning Inspectorate by a landowner against an Enforcement Notice.Â
Notice issued by an LPA when it appears to them that development has breached planning control (TCPA s. 172). A failure to comply with an enforcement notice once it is in force is a criminal offence. There are a number of statutory grounds of appeal against an enforcement notice, and an appeal will suspend the effect of the notice pending a decision on the appeal. A recipient of an Enforcement Notice is strongly advised to consult a solicitor as soon as possible.
A process that evaluates the environmental effects of a certain proposed development. Usually carried out before planning permission is granted. Notoriously complicated and expensive.
See Permitted Development below.
A designated collar of open land around cities where most development is prohibited except in ‘very special circumstances’.
Previously developed and other land in the Green Belt which does not strongly contribute to the purposes of Green Belt. Fewer restrictions on development than other Green Belt land.
A designated area of special architectural or historic interest, where stricter planning controls apply.
Dividing land into zones in which certain land uses are permitted or prohibited (USA and European planning systems).
A building officially designated by Historic England as being of special architectural or historic interest and subject to special protection. Once a building is listed, listed building consent is required for any works (internal and external) that could affect its special interest.
One or more statutory documents prepared and adopted (following public examination) by the LPA setting out the LPA’s policies and proposals for land use in a local area. Planning applications must be determined in accordance with the policies in the Local Plan unless material considerations indicate otherwise (Planning and Compulsory Purchase Act 2004, s. 38(6)).
The local public body responsible for regulating development within its area. In London this is the relevant borough council (but can also be the Mayor of London), elsewhere it is usually either a district council or a unitary authority. Can also be a Development Corporation.Â
A relevant factor that must be taken into account in planning decisions (e.g. traffic, noise). A consideration will be material if it relates to the use and development of land (Stringer v Minister of Housing and Local Government [1971] 1 All E.R 65).
The document setting out the government’s planning policies for England. Regularly updated to reflect political priorities.
A statement of development policies for a defined local area (sub-district) prepared by a local community or parish council and adopted following a public examination. Forms part of the statutory Local Plan.Â
A requirement that development will not risk increasing the nutrient pollution beyond current levels in nitrate vulnerable areas.
Minor changes to buildings or land use that don’t require an ‘express’ planning permission. See Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015.
Developer contributions to mitigate impacts of a development. Properly drafted a s. 106 Agreement is enforceable against successors in title to the original signatories.
Document comprising an official licence authorising development. Usually granted by the LPA and subject to conditions, including a limit on its duration.
A critical NPPF policy that favours granting planning permission where either the development aligns with the Local Plan or where relevant local plan policies are deemed ‘out of date’.
A type of development authorised under the General Permitted Development Order, but requiring prior notification and approval from the local planning authority on specific aspects before work can begin. This process is a streamlined alternative to full planning permission.
A formal hearing to resolve major or disputed planning applications or appeals.
A legal right for the public to pass along a specific route over land, even if that land is privately owned. Each County Council as local highways authority keeps a ‘Definitive Map’ which records PROWs.
A Local Plan document setting out strategic statutory planning policy for a defined area covering the areas of a number of local planning authorities.
An agreement made under s. 104 of the Water Industry Act 1991 under which the local water undertaker will adopt (i.e. take ownership of and responsibility for) a new sewers or drain.
An agreement made under s. 106 of the TCPA, which binds land and requires a development to make certain mitigatory payments / carry out certain mitigatory works. See Planning Obligations.
Agreements made under sections 278 or 38 of the Highways Act 1980 respectively authorising works in the public highway and the adoption of a new road as public highway.
A high-quality conservation site that will make a significant contribution to conserving certain habitats and species, designated under the Conservation of Habitats and Species Regulations 2017 and subject to strict planning controls.
An area of land or water formally designated under the Wildlife and Countryside Act 1981 (as amended) to conserve its wildlife, geology, or geomorphology.
A process for removing or diverting public rights of way over a particular route. Legal advice should be sought.
Non-statutory document adopted by the relevant LPA providing further guidance on specific planning policy areas.
The main statute establishing the current planning system.
A statutory instrument made under the Transport and Works Act 1992 authorising the construction of transport and similar infrastructure in England and Wales.Â
Categories (Classes) of land use defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) (e.g., residential, commercial, industrial). Most classes have a number of uses within them. Changes of use within a specified class are not considered ‘development’ and therefore do not need planning permission.
A requirement in certain parts of England (East Anglia in particular) that development will not increase water abstraction from local sources beyond existing levels. Normally achieved by reducing the water consumption of a proposed development, reusing grey water, and offsetting any remaining demand.Â
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