Planning Process – Page 4
The application procedure end to end: types, validation, consultation, conditions and decisions.
Planning Process articles – page 4
156 articlesHazardous substances consent: applying, varying and keeping it
Hazardous substances consent is a separate permission triggered by the quantity of a listed substance on site. Here is how the application works, and the change-of-control rule that quietly revokes consents.
Cross-boundary sites and applications to two councils
Each authority determines only the part of a cross-boundary site in its area. Here is how to keep two applications, two plans and two committees aligned.
Applications made by the council on its own land
Councils determine their own planning applications under the 1992 General Regulations. Here are the safeguards, the obligation problem and the challenge routes.
Crown development and the urgent Crown route
Most Crown schemes are ordinary applications to the council. Section 293A sends urgent development of national importance straight to the Secretary of State.
Making and confirming an Article 4 direction
Article 4 directions withdraw permitted development rights in a defined area. Here is how one is made, publicised and confirmed, and where compensation under section 108 still bites.
Regulation 25 requests for further environmental information
Regulation 25 of the EIA Regulations 2017 lets an authority require further environmental information before determining an application. Here is how to answer one and how to avoid it.
Demolition: when prior approval is needed
Demolition is development, and Part 11 grants permission for most of it subject to prior approval. Listed buildings, scheduled monuments and conservation areas fall outside that route entirely.
Advertisement consent: procedure and the five year term
Signage applications turn on amenity and public safety, not planning policy. Here is how deemed consent classes work, what an express consent application needs, and what happens after five years.
Section 70C and declining to determine a retrospective bid
Section 70C of the Town and Country Planning Act 1990 allows a council to decline to determine an application for development already covered by an enforcement notice. There is no appeal against that choice.
Correcting a mistake in a decision notice
There is a statutory power to correct errors in appeal decisions. For a council decision notice there is no equivalent, which changes the options entirely.
From heads of terms to a completed section 106
Most decisions that slip past the statutory period are waiting on a deed, not on an officer. The delays are usually about title and parties rather than money.
Reserved matters: what layout, scale and appearance cover
The five reserved matters have statutory definitions, and the boundary between them decides what a council can still object to after outline permission is granted.
Delegated decisions, committee and call-in
Most applications never reach committee. What the scheme of delegation does, how a ward member calls an application in, and what happens when members disagree.
What to do when an application is made invalid
Invalidation is administrative, not a decision on merits. The six items that cause most returns, how to respond, and the pre-submission check that prevents them.
Full application or outline with reserved matters
Outline permission grants the principle and reserves the detail, but the evidence base barely shrinks. How the two routes compare on cost, timing and value.
Publicity, site notices and who must be told
Publicity for planning applications follows article 15 of the Development Management Procedure Order. What each band requires, and how to check it was done properly.
Planning conditions: the six tests and how to challenge one
Knowing which of the six tests a condition fails decides whether you negotiate, vary it under section 73 or appeal. The routes compared, with the risk in each.
Registering and tracking a neighbouring application
Councils must keep a public register of planning applications under article 40 of the DMPO 2015. Here is how to find the weekly list, set alerts, read the consultation dates correctly and track amendments and decisions.
Applying direct to the Planning Inspectorate under section 62A
Section 62A of the Town and Country Planning Act 1990 allows applications to be made directly to the Secretary of State where a local planning authority has been designated. Here is how designation works, what the route involves and the risks of using it.
Temporary permissions and what happens when they expire
Temporary planning permissions are granted under section 72 of the Town and Country Planning Act 1990 with a condition requiring the use to cease. Here is how those conditions work, how to extend or make a permission permanent, and what enforcement follows if the date passes.
Planning contravention notices and how to answer one
A planning contravention notice is an information gathering tool with criminal sanctions attached. Answer it, answer it on time, and answer only what it asks.
Crown development and how it gets determined
Prisons, barracks and government offices go through the planning system like anything else, with a handful of special routes for urgency and national security.
How a council grants planning permission to itself
When a council wants to build on its own land it applies to itself. The 1992 General Regulations set out how that works, what the resulting permission can and cannot do, and where the safeguards sit.
Does planning permission transfer when you sell the land?
No transfer deed is needed: permission enures for the benefit of the land. What does need attention is CIL liability, personal permissions and the compliance record.
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