Table of Contents
How does the UK planning system work?
In England, the planning system is “plan-led”, this means that national and local planning policy is set out in formal development plans (a term which can include “local plans”, “core strategies” and “neighbourhood plans”). This information should not be relied upon as legal or professional advice.
What is a Section 73 in planning?
Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.
What is the planning zoning system?
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones.
Which of the following is the main law that controls planning in England?
The Planning and Compulsory Purchase Act 2004
The Planning and Compulsory Purchase Act 2004 made substantial changes to the English Development Plan system.
What does the planning system do?
The planning system regulates development through the planning applications, whereby planning permission is granted or refused based on the policies set out in the development plan.
What is the purpose of planning system?
The purpose of the planning system is to identify and manage what development is needed to benefit communities, the environment and the economy.
Can you vary a planning condition?
You can apply to vary a condition on your planning permission or to remove it all together, under Section 73 of the Act.
How does zoning work in the UK?
Under the current system, introduced in 1947, the U.K. does not practice zoning. There is no automatic right in Britain to develop any unbuilt land, or to permit changes of use on already developed sites.
Why is the planning system important?
The planning system provides the basis for decisions on the amount, location and form of new development. Where, how and what we build have significant implications for our environment. Planning is – or should be – a key mechanism for delivering sustainable development.
What is a discretionary planning system?
Discretionary planning systems are typically characterized as being flexible, with policies formed around terms such as ‘normally’, ‘may’, ‘ought to’, and ‘will consider’.
Is the UK planning system plan led?
In England and Wales we have what is known as a ‘plan-led’ system. 1 This means the local plan and other planning policies, such as those set out in neighbourhood plans, provide the starting point for planning decisions.
Can you remove a section 106?
Can Section 106 Obligations Be Removed? Yes, but it will be resisted. LPA’s are asked to vary S106 agreements but are reluctant hence their desire not to agree in the first instance until the full detail of the scheme is known. Hence, it’s important to ‘get it right’ in the first instance.
What is a Section 52 agreement in planning?
Section 52 agreement was a set of planning obligations contained in the Town and Country Planning Act 1971 relating to specific pieces of land. It was amended into Section 106 of the same act in 1990. Most planning obligations were agreements entered either unilaterally or with the Local Planning Authority.
How do you vary planning permission?
A non-material amendment may be applied for to approve a minor change to the planning permission and does not breach any conditions originally placed on the consent. If the amendment is not considered minor by the Local Planning Authority, a new planning application will be required.
What is a variation of condition application?
This type of application is used to remove or make changes to conditions imposed on a previous planning permission.