Planning applications and decisions

An application for planning permission for development is made to the local planning authority (LPA). This will normally be the district council or London Borough, or the county or county borough council in Wales.

'County matters' are the responsibility of county councils in non-metropolitan areas. These include the winning and working of minerals and the deposit of waste.

Full or outline planning applications

An application for outline planning permission provides a decision on the general principles of how a site can be developed. Outline planning permission is granted subject to conditions requiring the subsequent approval of one or more ‘reserved matters’. Once outline planning permission has been granted, 'reserved matters’ applications must be made within three years, before any detailed work could go ahead.

An application for full planning permission results in a decision on the detailed proposals of how a site can be developed. See Practice Notes: Applying for planning permission—procedure and Discharging reserved matters conditions on outline planning permissions.

Procedure

The planning application procedure is set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO 2015), SI 2015/595

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Planning News

High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

View Planning by content type :

Popular documents