Appeals: If you disagree with a planning decision, such as a refusal of planning permission or an enforcement notice, you can appeal. You can also appeal if the local planning authority takes too long to make a decision; if you disagree with conditions attached to a planning permission; or if listed building consent is refused. In England the Planning Inspectorate handles these appeals.
National Landscapes (formally Areas of Outstanding Natural Beauty): A National Landscape is an area protected in law for its natural beauty, wildlife, and cultural importance. It is preserved for people to enjoy nature and outdoor activities. National Landscapes are designated by Natural England. This makes it potentially harder to get planning permission for a Gypsy and Traveller site in this area.
Article 4 Direction: A Direction removing some or all permitted development rights (see definition below), for example within a conservation area or curtilage of a listed building. Article 4 directions are issued by local planning authorities.
Annual Monitoring Report: A report prepared annually by local planning authorities assessing progress in meeting the need for different forms of development including Gypsy and Traveller sites.
Breach of Conditions Notice: A notice served by a local planning authority where a planning condition linked to a planning permission has been breached. For example, if there is a condition restricting the number of caravans on a site and there are more caravans, then a breach of condition notice could be served.
Brownfield Land (Previously Developed Land): Land which has been lawfully developed and is or was occupied by a permanent structure and any fixed surface infrastructure associated with it, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed). It also includes land comprising large areas of fixed surface infrastructure such as large areas of hardstanding which have been lawfully developed.. (N.B. This definition comes from the National Planning Policy Framework).
Building Control/Regulation: If you want to build a new building (such as a dayroom) or change an existing one, you usually need building regulation consent. Building Regulations cover how the construction is done. Planning permission deals with whether the project can happen and how it affects the area and people.
Call-in: The Secretary of State for Housing, Communities and Local Government can take a planning application away from a local authority. This is called "calling in" the application. A public inquiry will be held, led by a Planning Inspector, who will make a recommendation. The Secretary of State will then decide whether to approve it, instead of the local planning authority. The National Planning Casework Unit handles these call-ins. For Gypsy and Traveller sites this is fairly rare, and only tends to happen with large scale sits in the Green Belt.
Change of Use: Planning permission is required for the "material change of use" of a piece of land. Gypsy and Traveller sites are a material change of use of land.
Character: A term often relating to Conservation Areas or Listed Buildings, but also to the appearance of any place in terms of its landscape or the layout of streets and open spaces, giving it a distinct identity.
Conditions (on a Planning Permission): Requirements attached to a planning permission that control how the development is done. If these are broken, the Local Planning Authority can take action. Pre-commencement conditions are details that must be agreed with the Local Planning Authority before starting the development. The Local Planning Authority needs the applicant's written agreement for these type of conditions. For further guidance see https://www.gov.uk/guidance/use-of-planning-conditions#the-use-of-pre-commencement-conditions
Conservation Areas: Areas of special architectural or historic interest, the character, appearance or setting of which it is desirable to preserve or enhance; permitted development rights may be restricted in these areas.
Core Strategy: A Local Plan document. It sets out the long-term vision for a local planning authority area, the strategic objectives, and the strategic planning policies needed to deliver that vision. It should help deliver the spatial elements of the Community Strategy (the objectives that affect how your area will look and how it is used).
County Councils: In some areas there is a two-tier system of local government. It is the district councils who are responsible for planning. County Councils are responsible for the preparation of waste and minerals development plans and dealing with waste and minerals applications, and dealing with applications for their own development - for example, schools and libraries. Where one exists the County Council is also the Highways Authority. They may also operate the socially-provided sites in an area.
Decision Notice: A formal, written document that shows the decision made by a planning authority on an application. The notice lists any conditions attached to the permission or, if refused, the reasons for the refusal.
Development: The legal definition of development is "the carrying out of building, mining, engineering or other operations in, on, under or over land, and the making of any material change in the use of buildings or other land" (Sec 55 of the Town and Country Planning Act 1990); this covers virtually all construction activities and changes of use.
Development Control/Management: The process where a local planning authority reviews and decides on planning applications. They consider development plan policies, local financial factors, and other important issues (material considerations).
Enforcement Notice: A formal notice from the local planning authority requiring the property owner to fix a planning rule violation, such as an unauthorised site, or not complying with planning permission conditions. The notice explains the violation, what needs to be done, and the deadline. It can be appealed up until the day it takes effect.
Green Belt: A designation for land around certain cities and large built-up areas, which aims to keep this land permanently open or largely undeveloped. The purposes of the green belt are to:
- Check the unrestricted sprawl of large built-up areas
- Prevent neighbouring towns from merging into one another
- Assist in safeguarding the countryside from encroachment
- Preserve the setting and special character of historic towns and
- Assist in urban regeneration by encouraging the recycling of derelict and other urban land
Green Belts are defined in a local planning authority's development plan with changes only being made in exceptional circumstances as part of a Local Plan review. A common mistake is to assume all “green” land is Green Belt. Your local planning authority’s proposals map and Local Plan will clearly set out the extent of the adopted Green Belt and the relevant planning policies. New Gypsy and Traveller sites in the Green Belt will be considered inappropriate development unless they comply with the exceptions set out in Chapter 13 of the NPPF.
Greenfield Land: Land (or a defined site) usually farmland, that has not previously been developed. This should not be confused with Green Belt which is a specific designation.
Grey Belt: For the purposes of plan-making and decision-making, ‘grey belt’ is defined as land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of the following purposes: checking the unrestricted sprawl of large built-up areas; preventing neighbouring towns merging into one another; preserving the setting and special character of historic towns.
Informal Hearing: A procedure for dealing with planning appeals where there is informal discussion of the proposal round a table chaired by the Inspector. They are less formal than a Public Inquiry with no cross examination and all questioning led by the Planning Inspector.
Listed Buildings: A building of special architectural or historic interest. Listed buildings are graded I, II* or II with grade I being the highest. Gypsy and Traveller sites may impact on the ‘setting’ of a listed building if they are nearby, and this will be taken into account in planning decisions. Historic England is responsible for listing buildings in England.
Local Development Documents (LDDs): These include Development Plan Documents, which are part of the official development plan, and Supplementary Planning Documents, which are not. Together, they create the local planning authority's spatial planning strategy.
Local Development Framework (LDF): The Local Development Framework (LDF) is a collection of documents that include all local planning authority's development documents. It consists of:
- Development Plan Documents (part of the statutory development plan)
- Supplementary Planning Documents
- Additionally, the LDF includes:
- Statement of Community Involvement
- Local Development Scheme
- Authority Monitoring Report
- Any Local Development Orders or Simplified Planning Zones.
- Local Development Scheme: The local planning authority's scheduled plan for the preparation of Local Development Documents. This essentially provides the timetable for Local Plan production.
Local Planning Authority: The local authority or council that is empowered by law to exercise planning functions, often the local borough or district council. National Parks and the Broads authority are also local planning authorities. County councils are the authority for waste and minerals matters as well as the Highways Authority.
Local Plan: The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community and subject to an examination before an independent Planning Inspector. These set planning policies for the area as well as allocating land for development or protection. A Local Plan is part of the development plan for an area.
Material Considerations: A matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
National Park: National parks aim to:
- Conserve and enhance natural beauty, wildlife, and cultural heritage.
- Promote public understanding and enjoyment of their special qualities.
They are designated by Natural England and confirmed by the Secretary of State under the National Parks and Access to the Countryside Act 1949. It can be difficult to get permission for new Gypsy and Traveller sites in the National Park.
National Planning Policy Framework: This provides a national policy overview that is implemented in Development Plans and can be found here.
Neighbourhood Plans: A neighbourhood plan is prepared by a Parish or Town Council or a Neighbourhood Forum for a specific area. It sets land use planning policies and allocates land, aligning with local and national policies. The plan undergoes independent examination and a community referendum.
Non-Material Amendment: A non-material amendment application allows for minor changes to an existing planning permission without making significant alterations. What is considered 'non-material' depends on the specific development and proposed change. An amendment that is significant for one project might be minor for another.
Outline Application: An outline planning application includes basic details to establish the principles of a proposal, without full details. Fuller details, called 'reserved matters,' are submitted later if the application is approved. Outline consent approves the concept, not the specifics. Outline applications cannot be made for changes of use so tend not to be made for Gypsy and Traveller sites.
Parish/Town Council: An elected local government body representing a community in a civil parish which provides a limited range of local public services and represents the community in planning matters.
Parish Plans: A community planning tool which assists communities to articulate issues of concern to them. This results in an action plan which can be used to inform and endorse the Parish Council's role in acting on behalf of and representing the community.
Permitted Development: What is effectively a nationwide planning permission to carry out certain limited forms of development without the need to make a planning application. These provisions are granted under the Town and Country Planning (General Permitted Development) (England) Order 2015. It should be noted that local planning authorities have the power to remove permitted development rights through planning conditions or Article 4 Directions so always double check with your council.
Planning Aid England (PAE): PAE is an organisation that provides free independent and professional planning advice to the general public. Community groups and individuals who are then eligible may receive further professional advice through a network of professional volunteers. PAE also works with communities to help them understand, and play a role in, the planning process and Neighbourhood Planning. PAE is an independent source of information.
Planning Committee: Planning committees are composed of elected councillors. Their primary role is to make decisions on planning applications that have not been delegated to officers. A planning officer will make a recommendation, and the committee will vote on whether to accept it.
Planning Condition: A planning condition is a requirement attached to a planning permission to control the development's impact. For example, it may control the number of caravans on a site.
Planning Consultant: A company or individual that specialises in providing advice on planning matters. The Royal Town Planning Institute has an online directory providing information on planning consultancies based within the UK which can be found here.
Planning Inspectorate: The Planning Inspectorate is responsible for determining planning appeals, enforcement appeals, listed building appeals, and conducting public examinations of local development plans.
Planning Obligations: Planning obligations, also known as Section 106 agreements, are legal agreements made to mitigate the impacts of a development proposal that cannot be controlled through planning conditions.
Previously Developed Land (Brownfield land): Land which has been lawfully developed and is or was occupied by a permanent structure and any fixed surface infrastructure associated with it, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed). It also includes land comprising large areas of fixed surface infrastructure such as large areas of hardstanding which have been lawfully developed. (N.B. This definition comes from the National Planning Policy Framework).
Proposals (or Policies) Map: The proposals (or policies) map is an essential part of the development plan, showing the location of proposals, designations, and area-based policies on an Ordnance Survey base map.
Public Inquiry: A public inquiry is a formal procedure for handling planning appeals, resembling a court of law. Parties often have legal representation, and cross-examination is a common practice.
Site Specific Policies and Proposals: Site-specific policies and proposals documents allocate land for specific uses, such as housing or employment. They identify development control criteria for specific sites, including design, access requirements, and levels of affordable housing. Any allocations are linked to the Adopted Proposals Map and other planning policy documents, such as Area Action Plans.
Statement of Community Involvement: The statement of community involvement outlines the processes the local authority will use to engage the community in preparing, altering, and reviewing all local development documents and making development control decisions.
Supplementary Planning Documents/Guidance (SPD/SPG): Supplementary planning documents or guidance (SPD/SPG) provide additional detail to the policies in the Local Plan. They offer further guidance for development on specific sites or particular issues such as design. Whilst they are considered in planning decisions, they are not part of the development plan and therefore do not carry as much weight.
Statutory Undertakers: Statutory undertakers are organisations with legal powers to develop and operate utility services, including gas, water, electricity, and telecommunications.
Tree Preservation Order (TPO): A tree preservation order (TPO) is a mechanism to ensure the preservation of individual trees or groups of trees with recognized amenity value. Generally, a preserved tree cannot be topped, lopped, or felled without the consent of the local planning authority.
Written Representations: Written representations is a procedure for handling planning appeals, development plans, and development plan documents through correspondence. This method avoids the need for a full public inquiry or informal hearing.