The Town
and Country Planning Act 1990 is the principal
Act that governs planning
permission and planning law and practice and is
commonly referred to as the Act. It sets out the main
framework of the planning
permission system together with the Planning (Listed
Buildings and Conservation Areas) Act 1990 and Planning
(Hazardous Substances) Act 1990 and was substantially
amended by the Planning and Compensation Act 1990.
The detailed procedural rules and
regulations, prescribed forms and other matters in
planning
permission and planning law are provided for by
statutory instruments, which include:
Town and Country Planning
(General Development Procedure) Order 1995 as amended;
Town and Country Planning
(General Permitted Development) Order 1995 as amended;
Town and Country Planning
(Use Classes) Order 1987 as amended;
Town and Country Planning
(Environmental Impact Assessment) Regulations 1999
as amended;
Town and Country (Development Plans) (England) Regulations
1999;
Town and Country Planning
(Applications) Regulations 1988;
Town and Country Planning
(Fees for Applications and Deemed Planning Applications)
Regulations 1989 as amended;
Town and Country Planning
(Modification and Discharge of Planning Obligations)
Regulations 1992;
Town and Country Planning
(Appeals) (Written Representations Procedure) Regulations
2000;
Town and Country Planning
(Hearings Procedure) Rules 2000;
Town and Country Planning (Inquiries Procedure) Rules
2000;
Town and Country Planning (Determination by Inspectors)
(Inquiries Procedure) Rules 2000;
Planning (Listed Buildings and Conservation Areas)
Regulations 1990;
Town and Country Planning (Enforcement Notices and
Appeals) Regulations 1991;
Town and Country Planning (Special Enforcement Notices)
Regulations 1992;
Town and Country Planning (Enforcement) (Inquiries
Procedure) Rules 1992
Town and Country Planning (Development Plans and Consultation)
(Departures) Direction 1999
Planning
permission is a complex area. It is important that
any planning
permission application is managed professionally
to maximise the chance of success.
The
basic rule is that planning
permission is
required from the relevant local planning
authority for any operational development or material
change of use of land.
Planning
permission and planning
law are designed to control the development or use of
land for the benefit of everyone in society. Planning
permission responsibility is placed on the relevant
planning
authority, who obtain their terms of reference from
development plans, which they prepare and continually
review, and from other planning
permission
policy papers.
More than 10% of planning
permission applications are refused.
Anyone who has submitted a planning
permission application and is not satisfied with
the decision (either because it was refused or a condition
was imposed that is not acceptable) can appeal to the
Secretary of State for the Environment, Transport and
the Regions via the Planning Inspectorate.
Keymer Cavendish specialises in all areas of planning
permission and understands the whole process.
Leave the process to the professionals and make sure
that your planning
permission is not in the failed 10%.
The
Town and Country Planning Act 1990 in more detail
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