Planning Applications and Planning Law Jargon Explained

Dealing with commercial premises on a day to day basis our Commercial Property Team are fully familiar with all the common planning jargon you might come across. In this article we explain some of the most commonly used planning terms from A-Z

Affordable Housing
It is a requirement for most large residential development sites to include a proportion of social housing.

Appeal
If a planning application is refused or not determined then an appeal can be made. These can be dealt with by written representations, hearing or public inquiry.

Breach of condition notice
The local planning authority has the power to serve a notice requiring a planning condition to be complied with.

Brownfield Site
Abandoned or underused industrial and commercial facilities available for re-use. Expansion or redevelopment of such a facility may be complicated by potential contamination.

Building regulations
Building regulations exist to ensure the health, safety and convenience of people in and around buildings, and the water and energy efficiency of buildings. Most works will require Building regulations approval.

Call-in
The local planning authority deals with most planning applications but high profile or major projects can be “called in” by the Secretary of State for determination.

Change of use
For a change of use planning permission will be required except where it falls within the same use class or it is allowed by the General Permitted Development Order. For example B1 (Offices/Light industry) can be changed to B8 (Warehouse/Distribution Centre).

Certificate of lawfulness of existing use or development
An application may be made to the local planning authority for a certificate confirming the lawfulness of a use that has taken place for ten years or works that were undertaken over four years ago both without having originally obtained planning permission.

Certificate of lawfulness of proposed use or development
An application may be made to the local planning authority for a certificate confirming the lawfulness of a proposed future use or development.

Community Infrastructure Levy (CIL)
CIL is set to be the new way of providing for investment in infrastructure through the planning process. Due to come into force in 2010, a local planning authority may levy on the developer an amount based on the increase in land value following the grant of planning permission. The local planning authority will still have available the option to require a planning agreement instead of imposing the CIL.

Commuted sum
Payment made to a local planning authority in place of providing on site facilities such as affordable housing.

Compulsory purchase
A lengthy and complex process whereby property can be acquired by a public authority for a specified purpose. The London Olympics site assembly provides a good example of this in practice.

Conditions
When planning permission is granted the local planning authority can impose conditions. If the developer does not believe these are reasonable they can appeal or after six months make an application to vary the conditions.

Conservation area
A conservation area is an area of land that has been designated to ensure its natural character and appearance are protected. The status imposes additional restrictions on development. Special consent is required before demolishing any building in a conservation area.

Compulsory Purchase Order (CPO)
An order confirming the compulsory purchase of land.

Delegated powers
The local planning authority has the ability to delegate powers to planning officers in respect of minor applications or to issue planning permission following completion of a planning agreement.

Detailed planning permission
Planning permission without reserved matters.

Development
Planning permission is required for all development, which in planning law is defined as the carrying out of building works or a change of use. The only exception is where the General development procedure order applies.

Development Plan
A document put in place by each local planning authority that outlines current planning policy for the area it covers. Planning applications will be considered in accordance with the development plan unless material considerations apply.

Enforcement Action
The extensive powers that a local planning authority has available to enforce planning controls including criminal sanctions for non compliance.

Enforcement notice
The local planning authority will issue an enforcement notice where they have grounds to believe that there has been a breach of planning.

Enforcement time limits
The local planning authority generally only has a certain amount of time in which it can take enforcement action. This is four years after the buildings works were completed and ten years for change of use. Once these time limitation period ends a Certificate of lawfulness of existing use or development can be applied for.

General Permitted Development Order (GPDO)
Permits certain development or change of use without having to obtain planning permission. Although it is important to check whether the local planning authority has excluded these rights in the area where the land is located.

Green belt
An undeveloped tract of land neighbouring an urban area protected from development by the local planning authority.

Infrastructure
Roads and other services which may be required to implement a planning permission. See also Section 38, 104 and 278 agreements.

Injunctions
The local planning authority may apply for an injunction to prevent a breach of planning control rather than take enforcement action.

Judicial review
This is the legal process by which a third party can challenge the decision of the local planning authority. The Court has the power to quash the planning permission if it is proved that the decision to grant was unlawful. Judicial review must be applied for within 3 months.

If a developer enters into a contract to buy land conditional on the grant of planning permission then it should ensure that they are not obliged to complete before the Judicial review period had expired. Likewise most developers will wait for the same period before implementing a planning permission.

Listed building
A building or other structure officially designated as being of special architectural, historical or cultural significance. Most works will require listed building consent from the local planning authority. Interfering with listed buildings without consent is a criminal offence.

Listed building consent
This will be needed for any works which alter the character or appearance of a listed building. If the works also require planning permission this must also be obtained separately.

Local planning authority
The authority that is empowered to deal with planning applications for a particular area. This is often the local Borough or District Council.

Material considerations
The local planning authority can only make a planning decision that conflicts with the development plan where material considerations exist. For example it may take account of the layout and density.

Minded to grant
Where the local planning authority resolves to grant planning permission subject to completion of a planning agreement.

Mixed Use
Development that includes residential and commercial elements.

Non-determination
The term used where the local planning authority fails to determine a planning application within eight weeks. This time limit is extended to sixteen weeks if an Environmental Impact Assessment is required.

Non determination amounts to a planning refusal and can be appealed.

Objection
An objection to a planning application can be made by any third party.

Outline planning permission
An application can be made for outline planning permission. If granted this approves the development in principle subject to a further application for approval of reserved matters.

Party Wall Act 1996
Provides a framework for dealing with matters in relation to party walls, boundary structures and excavations near neighbouring buildings. Anyone intending to carry out work of the kinds described in the Act must give adjoining owners notice of their intentions and otherwise follow the procedure set out.

Permitted development
The general permitted development order outlines the type of development and change of use where planning permission is not required.

Planning agreement
The local planning authority may require the developer to enter into a planning agreement as a condition of granting planning permission. See section 106 agreement.

Planning committee
A group of elected councillors that sit as part of the local planning authority and have the power to determine planning applications. The planning committee will be guided by planning officers but are not obliged to follow their recommendations.

Planning contravention notice
The local planning authority may serve notice on a land owner/occupier requesting information so that it can decide whether there has been a breach of planning control.

Planning obligation
Duties imposed on a developer to provide a benefit to the community e.g. build a new school. These are usually contained in a planning agreement.

Planning officer
Responsible for dealing with development and planning matters for the local planning authority. The role includes making recommendations to the planning committee.

Planning permission
The permission required to carry out development.

Public inquiry
A way in which a planning appeal can be dealt with by the planning inspector. The other two are by written representation or a hearing.

Refusal
The refusal of an application for planning permission.

Reserved matters
Outline planning permission is granted subject to a condition requiring the subsequent approval of one or more reserved matters. These relate to the detail of the development such as layout, appearance, access and landscaping.

Section 38 agreement
An agreement under section 38 of the Highways Act 1980. A developer agrees to build a road to a specified standard and will generally lodge a bond to secure performance of this obligation. The highways authority in turn agrees to adopt and maintain it after the expiry of a maintenance period.

Section 104 agreement
An agreement under section 104 of the Water Industry Act 1991. The developer agrees to construct sewers to a specified standard and will generally lodge a bond to secure performance of this obligation. The water company in turn agrees to adopt and maintain them after the expiry of a maintenance period.

Section 106 agreement
An agreement made under section 106 of the Town & Country Planning Act to secure a planning obligation.

Section 278 agreement
An agreement made under section 278 of the Highways Act 1980 to allow developers to either pay for or carry out works to a public highway.

Statutory challenge
Some planning decisions may only be challenged under the Town & Country Planning Act and not by judicial review. The time limit for instigating such a challenge is six weeks.

Statutory consultation
When the local planning authority receives a planning application it must also consult with other relevant bodies such as the highways authority before making a decision.

Stop notice
This is a measure used by the local planning authority in conjunction with an enforcement notice to bring an immediate end to an alleged breach of planning control. Stop Notices are rarely used as the recipient can claim damages for improper use.

Sui generis
In planning terms it relates to a use that is unique and does not fall within a particular use class e.g. a nightclub.

Town and Country Planning Act 1990 (TCPA)
The main piece of town planning legislation.

Tree preservation order (TPO)
Trees can be protected by a preservation order. This makes it an offence to top, lop or fell it without the consent of the local planning authority.

Unilateral undertaking
A unilateral undertaking is a planning obligation offered by a developer to the local planning authority either in support of a planning application or more commonly during the course of a planning appeal.

Use classes order (Town and Country Planning (Use Classes) Order 1987)
Under the schedule to this order, land uses are arranged in classes, for example shops and offices. A change of use within a particular class does not require planning permission.

If you don't want to try and find your way around this jargon when you are trying to buy business premises call Paul Harrison Property Solicitor on 01604 456 591.

This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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