Planning Glossary of Terms
Adoption
The final confirmation of a plan as a statutory document by
the local planning authority.
Advertisement
Control
The process whereby a local planning authority decides whether
an advertisement which is being displayed, or about to be
displayed, is acceptable in terms of amenity and public safety and
is being displayed in accordance with the Town and Country Planning
(Control of Advertisements) Regulations.
Affordable
Housing
Low cost housing for sale or rent, often from a housing
association, to meet the needs of local people who cannot afford
accommodation through the open market.
Agricultural
Dwelling
A dwelling which is subject to a condition or legal
agreement that it shall only be occupied by someone who is employed
or was last employed solely or mainly in agriculture, forestry or
other appropriate rural employment.
Amenity
The pleasant or normally satisfactory aspects of a location
which contribute to its overall character and the enjoyment of
residents or visitors.
Amenity
Space
The amenity space may be private or
communal gardens, or roof terraces. Parking areas do not count as
amenity space, and there are usually separate additional
requirements for parking. It is a requirement for any newly built
units or those newly created by conversion.
Ancillary Use
A subsidiary use connected to the main use of a building
or piece of land.
Appeal
The process whereby an applicant can challenge an adverse
decision on an application by means of written representations, an
informal hearing or formal inquiry proceedings. Appeals can also be
made against the failure of the planning authority to issue a
decision, against conditions attached to a permission and against
the issue of an enforcement notice.
Area of Outstanding Natural
Beauty (AONB)
Area designated by the Countryside Agency where the primary
purpose is the conservation and enhancement of natural beauty
including flora, fauna, geology and landscape.
Area of Special Control of
Advertisements
An area which is specifically defined by the local planning
authority because they consider its scenic, historical,
architectural or cultural features are so significant that a
stricter degree of advertisement control is justified in order to
conserve visual amenity within that area. Such areas can only be
designated with the approval of the Secretary of State.
Article 4
Direction
An order made by the Secretary of State, the National Assembly
for Wales or the local planning authority, requiring a planning
application to be made where normally permitted development rights
would apply. A planning application is required for work that does
not normally require one.
Article 14
Direction
Issued by the Secretary of State or the National Assembly for
Wales to restrict the grant of planning permission by a local
planning authority, either indefinitely or for a specified period,
normally to give the Department time to decide whether to call in
the application.
Back-land
Land which is behind existing development with no, or very
limited, road frontage.
Bio-diversity
A measure of the number and range of species and their
relative abundance in a community.
Brown-field Site
Land which has been previously developed. This excludes
agricultural land and buildings, mineral workings or other
temporary uses.
Called-in
Application
A planning application referred to the Secretary of State
or the National Assembly for Wales for determination by virtue of
the powers contained in section 77 of the Town and Country Planning
Act 1990.
Change of Use
Each building has a legal use - residential, for example or
light industrial. Planning permission is usually necessary in order
to change this 'use class'.
Chichester Harbour
Conservancy
Protection body for Chichester Harbour. They are
consulted on any application likely to affect Chichester
Harbour.
Circular
Guidance, including policy, issued by a government department
usually, but not always, in support of legislation.
Commitments
All land with current planning permission or allocated in
local plans.
Committee
The Development Management Committee of the local council will
deal with planning matters. Some planning applications are decided
by the officers (professional council employees) under delegated
powers, without going to committee. Of those that go to
committee, the officers will make a recommendation - to grant or
refuse it - but the committee may make a different decision. Anyone
may attend the committee meeting but you can only speak if you have
previously arranged to do so and there is a limit of 5 minutes
for making the case for each side, not per person.
Compulsory Purchase Orders
(CPOs)
Notice issued by the government or a local authority to
acquire land or buildings for public interest purposes.
Conditions
Stipulations attached to a planning permission to limit or
direct the manner in which a development is carried out.
Conservation Area
Consent
An area given statutory protection under the Planning Acts, in
order to preserve and enhance its character and townscape. In
a Conservation Area you will need planning permission for some
works, which wouldn't otherwise need it.
Conservation Area
Consent
Consent required from the local planning authority before
demolishing an unlisted building in a conservation area. Where it
is required, carrying out demolition work without this consent is a
criminal offence.
Consultation
Procedures for assessing public opinion about a plan or major
development proposal, or in the case of a planning application, the
means of obtaining the views of affected neighbours or others with
an interest in the proposal.
Contaminated
Land
Land which has been polluted or harmed in some way rendering
it unfit for safe development and most practical uses without prior
remediation.
Conversions
Alteration to a building to allow it to serve a different
purpose to that which it was built for. For example, the
sub-division of residential properties into bedsits, self-contained
flats or maisonettes.
Curtilage
This is the area of land attached to a dwelling house and forming
one enclosure with it, usually this is what is thought of
as the garden.
Decision
The decision on a planning application should normally be given
within eight weeks. If the council fails to do this you can appeal
on grounds of non-determination. But the decision may still go
against you - there's no penalty for the council because of the
delay.
Deemed Consent
This allows the display of certain "specified classes" of
advertisement without first having to make an application to the
local planning authority. Under the Control of Advertisements
Regulations there are 14 Classes, all of which are subject to
strict conditions and
limitations.
Density
In the case of residential development, a measurement of
either the number of habitable rooms per hectare or the number of
dwellings per hectare.
Departure
A proposed development which is not in accordance with a local
plan but which due to exceptional circumstances the local planning
authority proposes to accept - after due publicity and possible
referral to the Secretary of State.
Derelict Land
Land so damaged by industrial or other development that it is
incapable of beneficial use without treatment.
Detailed/Full
Application
The most common type of planning application is
one that seeks full or detailed planning permission. This leaves no
issue for future consideration, and should contain all the
information needed for the LPA to reach its
decision.
Determination
Local planning authority process to decide whether a proposed
development requires planning
permission.
Development
'Development' is defined in the Planning Act as the carrying out of
building, engineering mining or other operations in, on, over, or
under land, or making any material change in the use of any
buildings or other land. It does not include changes to
the inside of a building, or those which don't materially affect
its external appearance (except in the case of a Listed
Building).
Development
Brief
Document providing detailed information to guide developers on
the type of development, design and layout constraints and other
requirements for a particular, usually substantial, site.
Development
Control
The process whereby a local planning authority decides whether
a planning application meets the requirements of planning policy,
particularly as set out in development plans.
Development Plan
This contains the policies and guidance which manage
development in a Local Authority area. Under the new planning
system the Development Plan comprise the Regional Spatial Strategy
and Local Development Frameworks. These will replace existing
Structure Plans, Unitary Development Plans and Local Plans
following a period of transition. At present, Development Plans are
made up of a combination of documents from the old and new
systems.
Development Plan Documents
(DPDs)
Under the new Planning System these documents form part of the
Development Plan for the District, along with the Regional Spatial
Strategy. These documents are subject to stringent public
consultation and independent examination. Development plan
documents must include the Local Development Scheme, Statement of
Community Involvement and the Proposals Map. DPDs are produced for
specific policy areas tailored to meet the needs of each Local
Authority. They will generally include Core Strategies, Area Action
Plans, Housing & Employment Land Allocations, etc. Together
with Supplementary Planning Documents these make up Local
Development Documents.
Discontinuance
Notice
Notice served by a local planning authority requiring the
discontinuance of the display of any advertisement, or the use of a
site for the display of an advertisement, which has the benefit of
deemed consent under the Control of Advertisements Regulations.
Action to serve a discontinuance notice may only be taken if the
planning authority is satisfied it is necessary to do so to remedy
a substantial injury to the amenity of the locality or a danger to
members of the public.
Express Consent
This is needed to display an advertisement, which does not
benefit from deemed consent under the Town and Country Planning
(Control of Advertisements Regulations).
Enforcement
Procedures by a local planning authority to ensure that the
terms and conditions of a planning decision are carried out, or
that development without planning permission is brought under
control.
Enforcement
Notice
Notice requiring the discontinuance of an unauthorised use
and/or the removal of buildings, including restoration of land,
where development has been begun without permission or in breach of
a condition.
English Heritage
A national body funded by the government to promote and
give advice on building conservation matters.
Environmental
Appraisal
The process of weighing all the policies in a development plan
for their global, national and local environmental
implications.
Environmental Impact Assessment
(EIA)
Under the Town and Country Planning (Assessment of
Environmental Effects) Regulations 1988, proposers of certain
scheduled developments are required to submit a planning
application with an accompanying environmental statement,
evaluating the likely environmental impacts of the development,
together with an assessment of how the severity of the impacts
could be reduced. Voluntary production of an
Environmental Statement (ES) by the developer of a major project is
often good practice.
Established Use
A use which does not conform to a plan but against which
enforcement proceedings cannot be taken, often because of the
length of time the use has been in operation.
Established Use
Certificate
These were issued by a planning authority before July 1992
where it could be shown that a use of land or buildings had existed
since before 1964. It gave immunity from enforcement action. Since
July 1992 these have been replaced by Lawful Development
Certificates.
Full
Planning Permission
Full Planning Permission is when
Outline and what would be reserved matters are requested at once.
See also 'Detailed/Full Application'.
General Permitted Development
Order (GPDO)
The Town and Country Planning (General Permitted Development)
Order 1995 grants rights (known as permitted development rights) to
carry out certain limited forms of development without the need to
make an application for planning permission. See also 'Permitted
Development (PD)'
Greenfield Land
Land which has not previously been
developed. Greenfield land may also include land which was
previously developed, but where the remains of any structure or
activity have blended into the landscape in the process of time.
All agricultural buildings and land are also classified as being
Green-field sites.
Government
Guidance
National government produces guidance for Local Planning
Authorities in the form of statements called PPGs (Planning Policy
Guidelines) and Circulars. This is how national policy is
communicated. Current Planning Policy Guidance notes (PPGs) are
being replaced by Planning Policy Statements (PPS).
Government Guidance and legislation may be found on the
Communities and Local
Government website.
Habitable Room
All living rooms and bedrooms, but not kitchens, bathrooms,
WCs or circulation space, are normally regarded as habitable for
the purposes of density calculations.
Hearing (Informal)
A hearing is less formal than an inquiry. An Inspector meets with
representatives from the council, the applicant and other
interested parties and the issues are discussed. You can take a
planning advisor to speak for you if you wish. A written statement
of case must be made by the applicant and by the council, and
exchanged at least 3 weeks before the hearing.
Infrastructure
Permanent resources serving society's needs, including roads,
sewers, schools, hospitals, railways, communication networks
etc.
Inspectorate
Planning Inspectors deal with all planning appeals in England and
Wales. The Inspectorate is part of the Department of the
Environment, Transport and the Regions. Each appeal is allocated to
a case officer who will administer the appeal and whom you can
contact.
Intensity
of activity
A significant increase in the intensity of activities on a site can
be viewed as a change of use and therefore require planning
permission. There are no standards laid down, the local planning
authority looks at such cases individually
Lawful Development Certificate
(LDC)
A procedure by which existing or proposed uses and other forms
of development can be certified as lawful for planning purposes. An
application has to be made to the local planning authority and
there is a right of appeal against their
decision.
Listed
Buildings
A building or other structure of special architectural or historic
interest included on a statutory list and assigned a grade (I, II*
or II). If a building is 'listed' it means that it has special
protection under the Planning Act and you will need planning
permission for many works, which you wouldn't otherwise need
it.
Listed Building
Consent
A permission required for the alteration or demolition of a
listed building.
Local Development Documents
(LDD)
Under the new Planning system these comprise Development Plan
Documents and Supplementary Planning Documents.
Local Development Framework
(LDF)
The collective name for the suite of documents that will
replace the current Local Plan system. This will include LDDs which
comprise of Development Plan Documents (DPDs) and Supplemental
Planning Documents (SPDs) setting out policy areas. It will also
contain specific LDDs such as Area Action Plans and Land
Allocations.
Local Development Scheme
(LDS)
A three year timetable of all LDF documents to be produced.
Reviewed at least annually, but also as local circumstances
dictate. It is approved by the Secretary of State, how has the
power to direct changes.
Local
Plan
Statutory development plan prepared by a local planning authority
setting out detailed policies for management of
development. These are now being supplanted by the LDF based
system.
Local Planning Authority
(LPA)
The local authority or council that is empowered by law to
exercise planning functions. This is normally the local borough or
district council, but in National Parks and some other areas there
are different arrangements.
Material
Consideration
A matter which should be taken into account in deciding on a
planning application or on an appeal against a planning
decision.
Natural England
A national body funded by the government to promote and give
advice on the conservation of England's wildlife and natural
features.
Neighbours
Neighbours are consulted by the council when a planning application
is received. It's usually best to talk to your neighbours yourself
about the proposed works, at an earlier stage. You may be able to
modify the plans so that they will be happy with them. If there are
no objections from neighbours, you are more likely to get
permission - although it's certainly not a guarantee.
Non-Conforming
Use
A use which does not conform to the general provisions of the
development plan for the area in which it is located.
A general application for planning permission to
establish that a development is acceptable in principle, subject to
subsequent approval of detailed matters.
Over-Development
A quantity of building or intensity of use that is
excessive in terms of its demand on the infrastructure and local
services and/or its impact on local amenity and character.
Overlooking
The local plan often lays down detailed criteria. Windows in new
buildings must not be positioned so that people can look directly
into rooms in other residential buildings or over garden area to
the extent that it would be detrimental to the amenities of that
property.
Parking
Until recently national and local authorities demanded a high level
of parking provision in new developments. Now things are beginning
to change, and standards are being relaxed in urban areas, because
parking provision is seen to encourage private car use and thus
congestion. Local authorities are encouraged to reduce or
waive off street parking requirements where there is good public
transport. But local plans are often out of date and specify
standards that are undesirable and unattainable in urban
areas.
Permitted Development
(PD)
Minor developments and changes between use classes that are
granted planning permission under the General Permitted Development
Order 1988 (as amended) and for which a planning application is not
required.
Planning
Considerations
Planning decisions and appeals are decided according to planning
law, the local plan, and government planning guidance. So it would
not help your case if you spoke at a committee meeting or inquiry
and your points were not based on any of these. Subjective views
about the appearance of a building, or a general resistance to
change will not carry any weight. You might wish to take
professional advice in order to frame your case in the most
effective way.
Planning
Inspector
Planning
inspectors are appointed by Communities and Local Government. They
consider all the papers in advance. They "chair" the inquiry or
hearing and carry out a site visit. They then write a report,
giving a decision and explaining the reasons for it.
Planning
Law
The main body of
planning law consists of the Town and Country Planning Act, an act
concerning listed buildings and conservation areas, and one
concerning hazardous substances, all enacted in 1990. The main Act
was modified almost immediately by the Planning and Compensation
Act 1991. These Acts of Parliament give local authorities the power
to make development plans and to exercise day-to-day control over
development.
Planning
Permission
Planning permission from the local planning authority is required
for most forms of what is called development. Some changes or
additions to property are classified as "permitted development "
and don't normally need planning permission.. Some changes of use
are also classed as development and require permission. If you
build something without getting permission you might have to remove
it. If you do need permission you will need to apply for it to the
local council. You will need to fill in an application form,
provide drawings and a site plan and pay a fee.
Planning Obligations and
Agreements
Legal agreements between a planning authority and a developer,
or offered unilaterally by a developer, ensuring that certain extra
works related to a development are undertaken, usually under
Section 106 of the Town and Country Planning Act
1990.
Planning Policy Guidance Notes
(PPGs)
A series of documents issued by Communities and Local
Government setting out government policy and advice on planning
issues such as housing, transport, conservation etc.
Planning Policy Statements
(PPSs)
The replacement for the former PPGs, these are more concise
documents compared to their predecessors. They are issued by
Communities and Local Government and set out government policy.
Advice is now separated into accompanying documents so there is a
clear distinction between policy and guidance.
Plans
Full architectural plans specifying finishes, drainage and other
details are not necessary at the planning stage. The application
must be accompanied with drawings and probably photographs showing
the existing and proposed situations. The proposals must be
described in sufficient detail for the planners to understand what
it will look like and how it will affect the neighbours.
Private Open
Space
That which is privately owned and not generally open to the
public, although some are subject to agreements that afford limited
public access.
Proposals Map
An obligatory component of a local plan (or Local Development
Framework) showing the location of proposals and designations
in the plan on an Ordnance Survey base map.
Public Inquiry
Planning appeals, which are complicated or controversial or have
caused a lot of local interest are examined by public inquiry. It
is a formal procedure, allowing for witness statements and
cross-examinations. Interested members of the public may speak if
they apply to do so on the first day when the timetable is agreed.
Barristers often, but not necessarily, represent each side, and
inquiries may last from one day up to more than 2 years. After the
inquiry the Inspector produces a report and a decision. This can
take anything from a month to well over a year. Sometimes the case
is "called in" by the Secretary of State, who then makes the final
decision.
Public Open
Space
That where public access is generally established, and which
fulfils an active or passive recreational role. Includes nature
reserves, cemeteries, reservoirs and parks.
Public Right of
Way
A way where the public has a right to walk, and in some cases
ride horses, bicycles, motorcycles or drive motor vehicles, which
will be designated either as a footpath, a bridleway, a road used
as a public path (RUPP) or a byway.
Refusal
If planning permission is refused you can appeal to higher
authority. Theoretically the appeal is to the Secretary of State
for the Environment, who then appoints an inspector. In practice
you appeal to the Planning Inspectorate. If the inspector upholds
the refusal, that decision is final. It can only be challenged on
legal grounds in the High Court. You can submit another application
immediately but the new plans must be substantially
different.
Regional Planning Guidance
Notes (RPGs)
Policy guidance and advice issued for each region in England
by the Secretary of State.
Ribbon
Development
A narrow band of development extending along one or both sides
of a road.
Secretary of State
This is the Secretary of State for Communities and Local
Government. He can decide an appeal himself in important or
controversial cases, but this only happens in less than 2% of
cases. If the Secretary of State "calls in" the appeal, he reviews
the inspector's report and decision but takes the final decision
himself.
Section 106
Agreement
A binding agreement between a council and a developer
associated with a grant of planning permission and regarding
matters linked to the proposed development.
Site of Special Scientific
Interest (SSSI)
An area identified by English Nature or Countryside Council
for Wales for protection by reason of the rarity of its nature
conservation or wildlife
features.
Site
Visit
The inspector may
make an unaccompanied site visit if the site can be seen from
public land. If there is an accompanied visit, representatives from
both sides must be present, and the inspector will not talk
informally to any of the parties about the case. This is not an
opportunity to discuss issues or try to influence the inspector,
but you may be asked questions about the plans.
Special Protection
Area (SPA)
Areas designated under European Community Directive 79/409 on
the Conservation of Wild Birds, requiring the UK government to take
special measures to conserve the habitat of rare or vulnerable
birds (listed under the directive) and all regularly occurring
migratory birds. The government is required to avoid pollution or
disturbance to SPA's.
Statutory
Required by law (statute), usually through an Act of
Parliament.
Statutory Undertakers/Statutory
Utilities
Providers of essential services such as gas, electricity,
water or telecommunications.
Stop Notice
A notice served in respect of land subject to enforcement
proceedings prohibiting the carrying out or continuing of specified
operations which are alleged to constitute a breach of planning
control and designed to stop work going on pending the outcome of
an appeal.
Street Scene
The visual appearance and character of an area created by the
form of buildings and open spaces. It relates not just to the
massing and scale of building but also to floor space and street
furniture details.
Structure Plan
Statutory plan setting out key strategic policies which
provide the framework for more detailed policies in local
plans.
Sui Generis
Uses of land or buildings which do not fall into any of the
use classes identified by the Use Classes Order, for example
theatres, launderettes, car showrooms and filling stations.
Supplementary Planning
Documents (SPD)
The replacement for Supplementary Planning Guidance under the
new planning system, These documents contain additional advice
issued by a local planning authority expanding upon its statutory
policies. These documents are subject
to greater Public scrutiny than the former Supplementary Planning
Guidance, but do not form part of the
Development Plan, although they are still Local
Development Documents.
Supplementary Planning Guidance
(SPG)
Additional advice issued by a local planning authority
expanding upon its statutory policies.
Sustainability Appraisal
(SA)
Under the new Planning System all Development Plan Documents
and Supplementary Planning Documents will need to be the subject of
a Sustainability Appraisal. The appraisal will ensure that the plan
conforms to the concepts of Sustainable Development, and also to
ensure it meets the requires of the European Strategic
Environmental Assessment (SEA) Directive.
Sustainable
Development
Environmentally responsible development, commonly defined as
"development which meets the needs of the present generation
without compromising the ability of future generations to meet
their own needs".
Townscape
The appearance and character of buildings and all other
features of an urban area taken together as a whole.
Tree Preservation Order
(TPO)
The Council has a duty under the Town & Country Planning
Act 1990 to consider making TPOs in the interest of local amenity.
Orders may specify and protect individual specimens, groups of
trees, or areas of woodland. A specific consent from the Council is
required to fell or lop such trees.
Urban
Regeneration
The re-use or redevelopment of decaying or run-down parts of
older urban areas to bring them new life and economic
vitality.
Use Classes
Order
The Town and Country Planning (Use Classes) Order 1987 puts
uses of land and buildings into various categories, planning
permission not being required for changes of use within the same
use class unless specified by condition on a previous application.
In practice changes between use classes are likely to require
planning permission.
Use
Classes
Legal uses of property are defined as use classes in the Town and
Country Planning (Use Classes) Order 1987. A change of use within
the same use class does not need planning permission, but a change
to a different use class usually does.
Written
Representations
The written procedure for deciding appeals is the fastest and
simplest. Typically, first you and then the LPA send statements of
case to the Inspectorate. The LPA has a chance to comment on your
case, and you have a final chance to comment on the comments. There
is then a site visit and a decision is usually sent to
you within about five weeks.
Written
Statement
Documentary statement of policy, forming part of a development
plan submitted by a local planning authority and requiring formal
approval.