How the UK planning system works – 12 key points

The planning system in the UK is based on a complicated framework of rules and policies. These key points are a practical introduction to how the system operates, warts and all (it is definitely not a comprehensive legal analysis, which would have plenty of ifs, buts and maybes).

1. Planning status – local authorities keep records of planning permissions, applications and decisions taken, but not of the current planning status of individual properties. The certificate of lawfulness procedure can be used to confirm that status, but the person submitting the certificate application has to specify the planning status being claimed and provide evidence to back that up.
2. “Development” – planning permission is required for “development”. This is the foundation for the planning system – if permission is not required, the rules and policies are not triggered. There are two parts to the definition of “development”: firstly, physical works – “building, engineering, mining or other operations in, on, over or under the land”; and secondly, material changes of use. Planning permission can therefore be required even if there is no physical change.
3. Permitted development rights – some forms of development are exempt from the need to apply for planning permission. The scope of PDR is wide-ranging, from extensions to houses, to development by statutory undertakers, eg. Network Rail, and there are significant PDR for agriculture.
4. Retrospective permission – it is not an offence to carry out “development” without planning permission, but enforcement action can be taken. It is competent to apply for permission retrospectively.
5. Time limit for enforcement – if no enforcement action is taken within the statutory time limits (which are different in Scotland and England and Wales), the unauthorised development becomes lawful and therefore immune from enforcement action.
6. Individual merits – each application is assessed on its individual merits. Although similar cases are often mentioned, previous decisions are not necessarily binding. Consistency is seen as a good thing but is not always apparent.
7. Planning judgment – unlike the zoning systems in other countries, most statutory planning powers are based on the exercise of judgment. As a result, outcomes can be unpredictable/ inconsistent. An elected councillor or professional planner might give different weight to considerations.
8. Plan-led – decisions take the policies in the development plan into account. It is not necessary to comply with every policy. Indeed, policies often pull in different directions, and the decision has to resolve tensions between different policy objectives. It is competent for the decision to depart from the plan policies.
9. Planning considerations – the law says that only "planning" considerations can be taken into account, and any other considerations must be ignored. But there is no definitive list of planning considerations, and “planning” can have a wide meaning. 
10. Time limit for decision – it is difficult to predict how long it will take for a planning application to be decided. Although there are specified time periods for decisions to be made on planning applications, those time periods trigger the opportunity for the applicant to deem the application to have been refused and submit an appeal. Often the applicant will not take that opportunity, and opt to continue with the application.
11. Commencement of development – there is a time limit for starting the development, but not for completing it. The permission can be implemented by carrying out relatively minor works on site to commence the development, eg. digging trenches for foundations. Once the development has commenced, the planning permission is live and never expires.
12. State of flux - The rules and policies tend to be stuck in a never-ending vortex of change, as planning struggles to keep up with changes in society. This can be a problem for applications which are not decided quickly, as the decision needs to take account of changes to the planning landscape after the application was submitted.