Planning

The Government’s planning policy is set out in the National Planning Policy Framework (NPPF), which is accompanied by online Planning Practice Guidance and which provides further information about the NPPF’s policies.

The planning procedure

Planning applications are determined by a local planning authority (LPA). The public can make written submissions which are determined under delegated powers given to planning officers. When they go to the Planning Committee, a planning officer will write a report for the members, including a recommendation whether to reject the application, to accept it with conditions or to accept it without conditions.

If the application is rejected, then the disappointed applicant has the right of appeal to a planning inspector who will hear the appeal in the name of the Secretary of State and take the decision. There may be a public hearing or written representations. The vast majority of appeals are determined by the written representation method. After all, the procedure has to cover kitchen extensions as well as enormous capital projects!

Any appeals are mainly a matter between the LPA and the applicant. The LPA has an incentive to justify its decision to reject the original application. Indeed, if the planning inspector considers that the LPA acted unreasonably – for example ignoring relevant Government planning guidance – then they can award costs against the LPA. Therefore those who opposed the original application can be confident that the LPA will take note of their arguments in the appeal.

Overturning planning permission

There is no third-party right of appeal in planning law. Neighbours and others who are upset about permission granted for local developments do not have a right to appeal the decision or to have it overturned. This is because the Government believes that there is already sufficient opportunity for members of the community to make representations on proposed developments at the planning application stage and by commenting on local and neighbourhood plans.

If someone has concerns about the way in which a local authority took a decision on a planning application then a complaint may also be possible to the Local Government Ombudsman (LGO), who cannot look at the merits of the decision, but can rule on whether the correct processes, procedures and policies were used.  In the first instance, the Council’s own complaints procedures should be used and exhausted before the LGO will consider looking at the case.

The decisions of local planning authorities can also be challenged in the Planning Court by judicial review. There is a strict six week time limit for applying for judicial review from the time the planning decision was made. The challenge cannot be on the planning merits of the decision.