How the planning system works
What needs planning permission?
- Developments which change the use of land - for example, from agricultural to residential use, or office to shop.
- Developments that propose new buildings or significantly increase their size.
- Smaller developments - like external lights or satellite dishes - may need it depending on property and location.
There are greater restrictions on developments which affect listed buildings (those with historical or architectural value) or are in conservation areas.
Main factors influencing planning application decisions
Currently all planning applications in the United Kingdom have to comply with a relevant Development Plan Document.
However, things called “material considerations” also count. These can cover a wide variety of economic, social and environmental issues. Often the final decision on an application will be based on the number of factors or considerations weighed against policies in the development plan documents.
If the local planning authority decides that these considerations outweigh the policies in a development plan, granting planning permission is deferred to the Secretary of State responsible for planning. This is done through the Regional Government Office East Midlands.
Material considerations can be used to prevent a development which would otherwise comply with planning policies. House prices and views from properties do not count as material considerations.
The hierarchy of plans and policies
In England and Wales there is a hierarchy of plans and guidance.
- At the top are national Planning Policy Statements and Guidance which are written by the Government. These documents guide regional planning bodies and local planning authorities, dictating the general content and policy direction of future plans. National planning documents are also a material consideration when determining local planning applications.
- Below the national level there are regional plans called Regional Spatial Strategies. These are statutory documents. Planning applications should conform with them. They provide clearer policy guidance for local authorities, setting housing and employment targets, and identifying broad areas of growth and protection from development.
- At a local level we currently have Local Plans for High Peak, North East Derbyshire and Peak District National Park.
These are all being replaced by Local Development Frameworks - hopefully in 2010 for the Peak District National Park Authority and within the next couple of years for High Peak and North East Derbyshire.
Local Development Frameworks
Local Development Frameworks are the new system. They will consist of a whole set of relevant documents, instead of just one Local Plan.
Local Development Frameworks will have the same significance as Local Plans for deciding planning applications. It is vital that people have a say in emerging Local Development Frameworks because it will be difficult to prevent any future applications if they fit the policies within a new - and agreed - Local Development Framework.
Public Involvement
Anyone is allowed to comment on planning applications or the content of emerging planning policies.
The planning system has set procedures for obtaining the views of the public, whether they are individuals, local groups or countryside campaigners. Procedures are set out in a local authority’s Statement of Community Involvement - the Peak District National Park Authority, High Peak Borough Council and North East Derbyshire District Council each have their own versions. Local authorities must consider the comments made by members of the public - but always within the context of the development plan and other material considerations. In order to be effective, make sure your comments are relevant to the application and where possible, relate to policies within the development plan.
