Planning & Land Use Law
Planning permission, permitted development, enforcement, appeals, and environmental impact.
Introduction
Planning law governs the use and development of land in England & Wales. The principal statute is the Town and Country Planning Act 1990. Planning permission is required for 'development' — defined as carrying out building, engineering, mining, or other operations, or making a material change of use. The National Planning Policy Framework (NPPF) guides decision-making. Local Planning Authorities (LPAs) determine planning applications, with appeals to the Planning Inspectorate and ultimately the courts via judicial review.
In Brief
Planning permission is required for 'development' under the Town and Country Planning Act 1990. Many home improvements fall within permitted development rights and do not need permission. If permission is refused, you can appeal to the Planning Inspectorate within 6 months (12 weeks for householder applications). Enforcement action for unauthorised building works must generally be taken within 4 years.
Core Principles
Development — Planning permission is required for 'development' as defined in s.55 TCPA 1990: building operations, engineering operations, mining, or material change of use of land or buildings.
Permitted Development — The Town and Country Planning (General Permitted Development) Order 2015 grants automatic planning permission for specified types of development (e.g., certain householder extensions) subject to conditions and limitations.
Material Considerations — In determining planning applications, the LPA must have regard to the development plan and any other material considerations (TCPA 1990, s.70(2)). Material considerations include national planning policy, traffic, design, environmental impact, and community views.
Development Plan — The statutory development plan includes Local Plans and Neighbourhood Plans. Applications must be determined in accordance with the plan unless material considerations indicate otherwise (TCPA 1990, s.38(6)).
Environmental Impact Assessment — Certain developments require an EIA under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 before permission can be granted.
Enforcement — The LPA can take enforcement action against unauthorised development, including enforcement notices, stop notices, and injunctions. There is generally a 4-year time limit for breaches involving building works and a 10-year limit for changes of use.
Planning Appeals — Applicants can appeal to the Planning Inspectorate against refusal, non-determination, or conditions. Appeal methods include written representations, hearings, and public inquiries.
Listed Buildings and Conservation — The Planning (Listed Buildings and Conservation Areas) Act 1990 provides additional protections for buildings of special architectural or historic interest and conservation areas.
Key Statutes
Town and Country Planning Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Leading Cases
Tesco Stores v Secretary of State
[1995] 1 WLR 759
Pioneer Aggregates v Secretary of State
[1985] AC 132
Common Scenarios
Neighbour builds an extension without permission
Check whether the extension falls within permitted development rights. If not, report the breach to the LPA, which may serve an enforcement notice requiring demolition or modification. The 4-year rule means enforcement action must generally be taken within 4 years of the breach.
Planning application refused by the council
You can appeal to the Planning Inspectorate within 6 months (or 12 weeks for householder applications). The inspector will reconsider the application afresh, taking into account the development plan and material considerations.
Related Careers
Frequently Asked Questions
Do I need planning permission for a home extension?
Many home extensions can be built under permitted development rights without needing planning permission, subject to size limits, height restrictions, and location conditions. However, permitted development rights can be removed by Article 4 directions, and do not apply to listed buildings. Always check with your local planning authority before starting works.
What is the difference between planning permission and building regulations approval?
Planning permission controls whether a development can take place, having regard to land use and visual impact. Building regulations set construction standards for health, safety, and energy efficiency. You may need both — a permission from the local planning authority and approval from the building control body — for the same project.
How do I object to a planning application?
Submit your comments to the local planning authority (LPA) during the public consultation period (usually 21 days). Objections must relate to material planning considerations — such as traffic, design, loss of privacy, flood risk, or impact on the character of the area. Personal objections (e.g. 'I don't like the neighbours') are not material and will be disregarded.
How long does planning permission last?
Most planning permissions must be implemented within 3 years of the date of the decision notice (Town and Country Planning Act 1990, s.91). Outline planning permissions typically allow 3 years for approval of reserved matters, and a further 2 years to begin development. Development must be substantially commenced within the permission period to keep the permission alive.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help