Planning Permission
| Author | William Webster |
| Pages | 123-177 |
Chapter 6
Planning Permission
INTRODUCTION
6.1 This chapter is concerned with the procedure relating to applications for planning permission and their consideration by the local planning authority (LPA).
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of planning permissions and environmental impact assessments (EIAs) are considered in the following chapters.
APPLICATIONS FOR EXPRESS PERMISSION – PROCEDURE
6.2 Applications for planning permission and their handling are governed by a combination of Part III of the Town and Country Planning Act 1990 (TCPA 1990) (see s 62) and subordinate legislation consisting of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO)
(c) enforcement notice appeals; and (d) lawful development certificate appeals, published by the Planning Inspectorate (PINS) on 23 March 2016.
PRE-APPLICATION CONSULTATION
6.3 The NPPF
6.4 Pre-application consultation is compulsory in the case of a development involving the installation of more than two wind turbines or where the hub height of any turbine exceeds 15 metres.
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APPLICATIONS
6.5 Any person may apply for planning permission
Applications are made on a standard application form and must contain the prescribed information.
(which means planning permission for the erection of a building, subject to a condition requiring the subsequent approval of the LPA with respect to one or more of the following reserved matters, namely access, appearance, landscaping, layout and scale; (c) reserved matters application (these are defined in DMPO, art 2); an LPA cannot refuse final permission on other grounds which they could have taken into account on the outline application; any such application must be within the ambit of the outline planning permission but whether or not a departure is so significant as to require a fresh application for permission is a question of fact and degree (see R v Hammersmith and Fulham LBC ex parte GLC (1985) 51 P & CR 120, CA); such applications normally have to be made within three years from the date when outline planning permission was granted (see TCPA 1990, s 92); (d) for the discharge or modification of a planning condition (whereby application may be made for planning permission for the development of land without complying with the conditions subject to which a previous planning permission was granted); (e) for non-material changes to an existing planning permission; (f) lawful development certificates; (g) prior approval for some permitted development rights; (h) listed building consent (see Listed Building Act 1990, s 9); and (i) non-planning consents (namely, consents that may have to be obtained alongside or after, and separate from, planning permission) such as advertisement consent, consent required under a Tree Preservation Order and hazardous substances consent.
(a) for outline planning permission (art 5); (b) for approval of reserved matters (art 6); and (c) those applications mentioned in art 7 (i.e. mining operations).
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required);
6.6 Decisions on an application can sometimes be made by the Secretary of State who may decide to ‘call in’ an application, in which case the applicant or the LPA has a right to be heard at a public inquiry or other hearing.
EWHC 3059 (Admin), where it was held that the Secretary of State is under no duty to give reasons for a decision not to call in a planning application under TCPA 1990, s 77. This is because a call-in decision is a very different type of decision to a decision by an LPA to grant planning permission. A call-in decision is, in essence, a procedural decision by the Secretary of State on whether to intervene in the planning process; it does not result in the grant of any substantive rights...
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