Planning law

 

Planning law in England and Wales can sometimes appear to be rather subjective, as applications for planning permission are made to local planning authorities rather than national bodies.

What is the law on planning development?

There are two main statutes that provide the local councils with this power and they are:

  • The Town Planning Act 1947
  • The County Planning Acts 1990

As a result, any new building, as well as any redevelopment of an existing building, must first receive a planning permission from the local council. A planning permission application must be submitted in advance of the build, and delays are common.

The decision process is similar to the common-law system in that if a property in the area has already been permitted to build in a certain way (e.g. a large skylight) then this creates a precedent and other developments in the area are likely to also be permitted such designs.

Applying for planning permission

The application for planning permission is made to the relevant authority on a form supplied by that authority. The local authority makes a decision to grant the application, usually subject to extensive conditions, or to refuse the application. 

In making the decision, the local authority must consider:

  • The development plan
  • Planning laws
  • Central government advice
  • Other planning-related factors specific to the proposal

Most planning permissions are not limited to the person and can be sold with the land.

Obtaining planning permission

Once planning permission has been granted, conditions of the permission usually require that work is started within a certain period of time. Any person granted planning permission should therefore check the permission and planning laws to see how long they have to commence works.

Although there isn't usually a time limit for when works need to be completed, if they are not completed within a reasonable time the local authority has the right to issue a completion notice which requires works to be finished by a certain date. Failure to complete works by a certain date can then result in the planning permission being revoked.

Planning laws can be complex, and it is important that before applying for planning permission you seek advice from a local planning solicitor. They will be able to give you advice on how best to approach the authority and whether you need to do anything before you apply for planning permission.

Want more information on how a lawyer can help you? See our information page on planning lawyers.

Are you looking at extending your house and want to apply for planning permission? Are you a company putting forward a large-scale development plan? Contact Law works with specialist planning law solicitors who can help you, whatever your scale of property development. Please call us on 0800 1777 162 or complete the web-form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15

Most viewed related pages:

Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.