British Town Planning (or "Beware of the Tiger")
Created | Updated Jan 28, 2002
The official British system for controlling building and use of land was set up after 1945 to help bring back economic prosperity to a war torn country. Today, it is more often used as a political football, an excuse to get even with your neighbours, a way of protecting the environment, a way of legally despoiling the environment and in fact anything you care to make it do.
Put simply, there are likely to be only two ocassions when you will become involved with the Town Planning System: when you want to build on land and when you want to prevent someone else doing it. In the latter case, you can try lying in front of the bulldozer, but they are quite heavy and tend to squash very effectively. So, a quick glossary of terms:
Town and Country Planning: a collection of legislation which allows the State to control the development of land. This can include anything from house extensions to airports to changes of use of your local newsagent to a kebab shop.
DETR: Stands for The Department of the Environment and the Regions and is the central government body that oversees the Planning System. They don't like being called "Vogons".
Planning Departments: Will usually be found within the echoing halls of local government offices (Councils) up and down the country. Sometimes they are hidden in places like "Environment Directorate", "Development Control", "Environmental Services" and other similar titles. This is the level at which Development Plans (see below) are produced and that Planning Applications (ditto) are considered, giggled over and sometimes granted Planning Permission (ditto).
Planning Officer: a troubled soul whose only consolation is that Inland Revenue Officers and Journalists are hated more. He or she will be found working for local Councils preparing the plans and dealing with the applications or may be found working for private consultancy firms on behalf of developers or private individuals.
Planning Committee: A meeting of elected Councillors of the local Council who are generally local politicians and make the most wonderful, impartial, logical, fair and trustworthy decisions for the greater good of the Country. Sometimes they don't.
Development Plans: They come in many forms, common ones include the Structure Plan (covers County or large city areas) and the Local Plan showing how housing, commercial and industrial developments will be spread about either in general terms or specific terms. These are documents about Planning for five years into the future, usually published five years late, using ideas from 10 years ago and trying to deal with the problems we will meet in five years time. However cumbersome they are, they are very important for deciding the fate of Planning Applications.
Planning Applications: A method of obtaining Planning Permission to undertake work on land. Most Councils will keep a useful guide to submitting these and you should not be afraid of talking to a Planning Officer at your local Council for advice. They are quite friendly really, well-housetrained and can be made to do tricks.
Planning Permission: The formal record that what you wish to do is legal. Not having one is a bad idea.... especially after building that dream home in the Cotswolds. A Planning Refusal is the opposite, but is also not good after building that house. They must contain reasons for refusal so that you know precisely why you have been turned down. You can appeal against the decision by referring the matter to the DETR (or at least the agency dealing with Appeals: address comes with the decision). Any refusal with the phrase "detrimental to the amenities of the area" should be referred back to the Planning Officer with a request that he/she changes the standard phrases section of his computer to something that has meaning.
And now, the best way of objecting to a planning application; some common questions and answers:
How do I find out what's happening in my area?
It's a common misconception that you have a right to know. Sorry, you don't. However, Councils will be censured if they don't adopt best practice in at least trying to let the public know that something is about to happen. So, read the boring bits of your local paper usually called, Public Notices. It is here that you will find new Development Plan preparations published (you can write to the Council and give them your opinion) and often lists of new planning applications received giving you a set time to go to the office, see the plans and comment accordingly. Some Councils will send individual letters to neighbouring properties. Some Councils are developing web sites to advertise applications, but this can be a frustrating experience as no two websites will be the same.
If I go to the Planning Office, what can I see?
Once past the rickety stairs and blundered your way past the "beware of the tiger sign" in your local Council office, you will be able to talk to a pleasant receptionist (like talking to an automated door really) who is obliged to show you at least two pieces of information: a copy of the planning application form (has the basic information on it about what its for and who is making the application) and a copy of the plans and drawings that accompanied it. Some Councils will allow you to see other information like copy letters. A few really good ones will let you see the whole working file, warts and all.
How do I make my feelings about what I've seen, known?
Well, you can try shouting at the receptionist to see if she/he will cry. (No kidding, I've seen it happen). This will ensure that nothing you say will ever be listened to. You can try shouting at the Planning Officer who is a well trained listener, will nod and sympathise in all the right pauses in your anger and then will thank you and leave. Or you can try writing (or get a friend to write) down exactly what you think and why you feel the development is a bad idea. Yes, I know you may actually agree with the proposal, but experience suggests that no-one ever writes to a Planning Department telling them they are doing well. Don't be surprised if you receive a courteous but bland letter in reply. Be assured your letter is read but often lack of time of staff prevents a more personal response.
Been there, done that, but I really want to object to this?
Try talking to your local Councillor, who may sympathise enough to speak on your behalf at the Committee. Many Councils now allow time for you to speak directly to the Committee at the time of the Meeting and when the decision is about to be made. Write to your MP in good time so that he/she can respond. Write to the applicant (politely) to see if they will change their plans, especially if a small change to them will mean a big difference to you.
I didn't like the decision, anything I can do about it?
Generally speaking, no. There is no right in this country for a third party to appeal against a decision to grant planning permission. However:
If you think the Council made a right mess of dealing with the paperwork, try writing to the Local Government Ombudsman (address from the Council or in the telephone book)to complain. It won't change the decision but an order for compensation to you if the complaint is upheld may be possible. If you think the decision was reached unreasonably, a call for a judicial review to the Courts is possible within six weeks of the decision. Obtain serious legal advice first though as it can be expensive. If you think there is a problem with the system, join the Council for the Protection of Rural England, your local Mr. Angry Residents Association, Friends of the Earth or get elected to the Council.
Never lie in front of bulldozers.
Put simply, there are likely to be only two ocassions when you will become involved with the Town Planning System: when you want to build on land and when you want to prevent someone else doing it. In the latter case, you can try lying in front of the bulldozer, but they are quite heavy and tend to squash very effectively. So, a quick glossary of terms:
Town and Country Planning: a collection of legislation which allows the State to control the development of land. This can include anything from house extensions to airports to changes of use of your local newsagent to a kebab shop.
DETR: Stands for The Department of the Environment and the Regions and is the central government body that oversees the Planning System. They don't like being called "Vogons".
Planning Departments: Will usually be found within the echoing halls of local government offices (Councils) up and down the country. Sometimes they are hidden in places like "Environment Directorate", "Development Control", "Environmental Services" and other similar titles. This is the level at which Development Plans (see below) are produced and that Planning Applications (ditto) are considered, giggled over and sometimes granted Planning Permission (ditto).
Planning Officer: a troubled soul whose only consolation is that Inland Revenue Officers and Journalists are hated more. He or she will be found working for local Councils preparing the plans and dealing with the applications or may be found working for private consultancy firms on behalf of developers or private individuals.
Planning Committee: A meeting of elected Councillors of the local Council who are generally local politicians and make the most wonderful, impartial, logical, fair and trustworthy decisions for the greater good of the Country. Sometimes they don't.
Development Plans: They come in many forms, common ones include the Structure Plan (covers County or large city areas) and the Local Plan showing how housing, commercial and industrial developments will be spread about either in general terms or specific terms. These are documents about Planning for five years into the future, usually published five years late, using ideas from 10 years ago and trying to deal with the problems we will meet in five years time. However cumbersome they are, they are very important for deciding the fate of Planning Applications.
Planning Applications: A method of obtaining Planning Permission to undertake work on land. Most Councils will keep a useful guide to submitting these and you should not be afraid of talking to a Planning Officer at your local Council for advice. They are quite friendly really, well-housetrained and can be made to do tricks.
Planning Permission: The formal record that what you wish to do is legal. Not having one is a bad idea.... especially after building that dream home in the Cotswolds. A Planning Refusal is the opposite, but is also not good after building that house. They must contain reasons for refusal so that you know precisely why you have been turned down. You can appeal against the decision by referring the matter to the DETR (or at least the agency dealing with Appeals: address comes with the decision). Any refusal with the phrase "detrimental to the amenities of the area" should be referred back to the Planning Officer with a request that he/she changes the standard phrases section of his computer to something that has meaning.
And now, the best way of objecting to a planning application; some common questions and answers:
How do I find out what's happening in my area?
It's a common misconception that you have a right to know. Sorry, you don't. However, Councils will be censured if they don't adopt best practice in at least trying to let the public know that something is about to happen. So, read the boring bits of your local paper usually called, Public Notices. It is here that you will find new Development Plan preparations published (you can write to the Council and give them your opinion) and often lists of new planning applications received giving you a set time to go to the office, see the plans and comment accordingly. Some Councils will send individual letters to neighbouring properties. Some Councils are developing web sites to advertise applications, but this can be a frustrating experience as no two websites will be the same.
If I go to the Planning Office, what can I see?
Once past the rickety stairs and blundered your way past the "beware of the tiger sign" in your local Council office, you will be able to talk to a pleasant receptionist (like talking to an automated door really) who is obliged to show you at least two pieces of information: a copy of the planning application form (has the basic information on it about what its for and who is making the application) and a copy of the plans and drawings that accompanied it. Some Councils will allow you to see other information like copy letters. A few really good ones will let you see the whole working file, warts and all.
How do I make my feelings about what I've seen, known?
Well, you can try shouting at the receptionist to see if she/he will cry. (No kidding, I've seen it happen). This will ensure that nothing you say will ever be listened to. You can try shouting at the Planning Officer who is a well trained listener, will nod and sympathise in all the right pauses in your anger and then will thank you and leave. Or you can try writing (or get a friend to write) down exactly what you think and why you feel the development is a bad idea. Yes, I know you may actually agree with the proposal, but experience suggests that no-one ever writes to a Planning Department telling them they are doing well. Don't be surprised if you receive a courteous but bland letter in reply. Be assured your letter is read but often lack of time of staff prevents a more personal response.
Been there, done that, but I really want to object to this?
Try talking to your local Councillor, who may sympathise enough to speak on your behalf at the Committee. Many Councils now allow time for you to speak directly to the Committee at the time of the Meeting and when the decision is about to be made. Write to your MP in good time so that he/she can respond. Write to the applicant (politely) to see if they will change their plans, especially if a small change to them will mean a big difference to you.
I didn't like the decision, anything I can do about it?
Generally speaking, no. There is no right in this country for a third party to appeal against a decision to grant planning permission. However:
If you think the Council made a right mess of dealing with the paperwork, try writing to the Local Government Ombudsman (address from the Council or in the telephone book)to complain. It won't change the decision but an order for compensation to you if the complaint is upheld may be possible. If you think the decision was reached unreasonably, a call for a judicial review to the Courts is possible within six weeks of the decision. Obtain serious legal advice first though as it can be expensive. If you think there is a problem with the system, join the Council for the Protection of Rural England, your local Mr. Angry Residents Association, Friends of the Earth or get elected to the Council.
Never lie in front of bulldozers.
