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Development management in the United Kingdom
Development Management (DM), formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account.
There are 421 local planning authorities (LPAs) in the United Kingdom (although in Scotland, where local authorities are unitary in nature, they are known simply as 'planning authorities'). Generally they are the local borough or district council or a unitary authority. Development involving mining, minerals or waste disposal matters is dealt with by county councils in non-metropolitan areas. Within national parks, it is the national park authority that determines planning applications (although in Scotland the situation is sightly different, whereby the Cairngorms National Park Authority only has the power to call-in and determine certain applications which it deems to be of importance to its objectives).
When the UK's systems of town and country planning were established by the Town and Country Planning Act 1947 (10 & 11 Geo. 6. c. 51) and, in Scotland, the Town and Country Planning (Scotland) Act 1947 (10 & 11 Geo. 6. c. 53), it was generally expected that the great majority of new built development would be undertaken by the public sector: Local authorities, New Town Development Corporations, and the then-new National Health Service, for example. In those cases the commissioning body would grant itself planning permission for the proposals concerned. However, a separate system to grant or withhold planning permission for the small amount of development which would be undertaken by the private sector was also required. This was the origin of the modern system of planning control. In fact this expectation was entirely mistaken as, by the mid 1950s, the rate of private sector development was vastly exceeding that of the public sector. In modern times, development, including that by government departments and local authorities requires planning permission, and is subject to the same process of scrutiny as any private developer. An increasing range of developments are permitted development – a form of planning permission granted nationally or locally by order in advance.
In recent years, planning has become a key means of delivering a number of the government's objectives relating to climate change, reducing carbon emissions, access to housing and improving the supply of housing, enhancing biodiversity and a number of other emerging priorities. Although these are addressed via the process of formulating local planning policies for the area of each LPA on a local basis, as far as the public are concerned it is development control and the process of determining planning applications which is the most evident part of the planning system as a whole.
Note that within the United Kingdom, any significant development may require a variety of different consents from different agencies before commencement, such as approval of construction materials and methods under the relevant Building Regulations). The term "development control" is out of favour and development management is preferred as it implies a more cooperative process, though in reality the difference is sometimes difficult to distinguish. There is after all a limit to the level of cooperation possible if proposals are unacceptable.
The UK is distinguished from most countries in that the lawful occupier of any land or buildings will not only have title to their land (a freehold, leasehold, or licence from the actual land owner), but also requires planning title for any buildings on the land, or uses to which the land and buildings are put. Planning title (usually referred to as "planning permission") was granted for all pre-existing buildings and uses in 1948. Since that date planning permission has been required for all new development. A grant of planning permission relates to the land or building(s) concerned. With a few rare exceptions it is not specific to the person, organisation or firm who obtained the permission.
"Development" in UK planning law is defined as the carrying out of any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. Certain types of development are specifically excluded from the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by legislation as "permitted development" (PD). These are in effect granted an automatic planning permission by law, rather than requiring any specific application for planning permission. Another way of looking at it is that Permitted Development is a form of nationally approved planning permission. Although still defined as "development" these works (may) avoid a need to engage with the planning system and can be undertaken by land owners as a right. More recent changes to PD rules require some element of contact with the LPA before implementation - for example prior notification.
Uses of land and buildings are classified into "use classes" and any change from one use class to another use class is automatically a "material change of use" amounting to development. Some small scale changes between use classes are nevertheless "permitted development" and hence do not require planning permission, subject to any site specific restrictions. Certain types of use or activity do not fall into a specific use class and are termed "sui generis". Any change of use to or from "sui generis" use requires planning permission. In practice most uses are a composite of several uses so that, say, a factory might well have an ancillary office and perhaps storage uses, all within the same premises. In such a case however the primary use would be that of a factory (use class B1 or B2).
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Development management in the United Kingdom
Development Management (DM), formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account.
There are 421 local planning authorities (LPAs) in the United Kingdom (although in Scotland, where local authorities are unitary in nature, they are known simply as 'planning authorities'). Generally they are the local borough or district council or a unitary authority. Development involving mining, minerals or waste disposal matters is dealt with by county councils in non-metropolitan areas. Within national parks, it is the national park authority that determines planning applications (although in Scotland the situation is sightly different, whereby the Cairngorms National Park Authority only has the power to call-in and determine certain applications which it deems to be of importance to its objectives).
When the UK's systems of town and country planning were established by the Town and Country Planning Act 1947 (10 & 11 Geo. 6. c. 51) and, in Scotland, the Town and Country Planning (Scotland) Act 1947 (10 & 11 Geo. 6. c. 53), it was generally expected that the great majority of new built development would be undertaken by the public sector: Local authorities, New Town Development Corporations, and the then-new National Health Service, for example. In those cases the commissioning body would grant itself planning permission for the proposals concerned. However, a separate system to grant or withhold planning permission for the small amount of development which would be undertaken by the private sector was also required. This was the origin of the modern system of planning control. In fact this expectation was entirely mistaken as, by the mid 1950s, the rate of private sector development was vastly exceeding that of the public sector. In modern times, development, including that by government departments and local authorities requires planning permission, and is subject to the same process of scrutiny as any private developer. An increasing range of developments are permitted development – a form of planning permission granted nationally or locally by order in advance.
In recent years, planning has become a key means of delivering a number of the government's objectives relating to climate change, reducing carbon emissions, access to housing and improving the supply of housing, enhancing biodiversity and a number of other emerging priorities. Although these are addressed via the process of formulating local planning policies for the area of each LPA on a local basis, as far as the public are concerned it is development control and the process of determining planning applications which is the most evident part of the planning system as a whole.
Note that within the United Kingdom, any significant development may require a variety of different consents from different agencies before commencement, such as approval of construction materials and methods under the relevant Building Regulations). The term "development control" is out of favour and development management is preferred as it implies a more cooperative process, though in reality the difference is sometimes difficult to distinguish. There is after all a limit to the level of cooperation possible if proposals are unacceptable.
The UK is distinguished from most countries in that the lawful occupier of any land or buildings will not only have title to their land (a freehold, leasehold, or licence from the actual land owner), but also requires planning title for any buildings on the land, or uses to which the land and buildings are put. Planning title (usually referred to as "planning permission") was granted for all pre-existing buildings and uses in 1948. Since that date planning permission has been required for all new development. A grant of planning permission relates to the land or building(s) concerned. With a few rare exceptions it is not specific to the person, organisation or firm who obtained the permission.
"Development" in UK planning law is defined as the carrying out of any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. Certain types of development are specifically excluded from the definition of development, such as routine building maintenance and repair. Many categories of minor development are classified by legislation as "permitted development" (PD). These are in effect granted an automatic planning permission by law, rather than requiring any specific application for planning permission. Another way of looking at it is that Permitted Development is a form of nationally approved planning permission. Although still defined as "development" these works (may) avoid a need to engage with the planning system and can be undertaken by land owners as a right. More recent changes to PD rules require some element of contact with the LPA before implementation - for example prior notification.
Uses of land and buildings are classified into "use classes" and any change from one use class to another use class is automatically a "material change of use" amounting to development. Some small scale changes between use classes are nevertheless "permitted development" and hence do not require planning permission, subject to any site specific restrictions. Certain types of use or activity do not fall into a specific use class and are termed "sui generis". Any change of use to or from "sui generis" use requires planning permission. In practice most uses are a composite of several uses so that, say, a factory might well have an ancillary office and perhaps storage uses, all within the same premises. In such a case however the primary use would be that of a factory (use class B1 or B2).