| Borough of Havant - Home | Whats New | Site Map | Search | Help | Complaints | Terms and Conditions | Feedback | Web Accessibility | Skip Nav |
Skip Navigation

This page is currently being updated.. If you have any further queries please contact webmaster@havant.gov.uk

 

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.
 
 
Outline Application
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.