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An introduction to the English planning system
An introduction and informative background to the English planning system and application process. It aims to arm you with the expert knowledge you need to effectively participate in the democratic planning process. This is the shorter web version of our planning guide and should answer most or all of your questions, however you can also click here for the full and comprehensive guide.
Why is planning important?
The planning system exists to ensure that places are developed or protected in the public interest, providing checks and balances on the private sector and ensuring that necessary infrastructure and public services are delivered where they are needed.
An appropriate balance must be struck between delivering new developments such as new schools, homes and offices, and protecting places and buildings that are important to all of us. Planners play a key role in ensuring the places we live in are well-designed and that important public assets such as our National Parks, World Heritage Sites and Listed Buildings are protected for the future.
The planning system aims to ensure that all views on new development are considered. Members of the public are entitled to see and comment on planning applications to assist the decision-makers in deciding whether to permit development. Responding to planning applications enables you to press for decisions that are positive for your local area.
The system in England is discretionary. This means every application submitted is determined, and relevant policies are interpreted, based on site specific circumstances.
When is planning permission needed?
Development in England requires planning permission. The type of permission required will depend on the development proposed. In general, developments will fall under three categories: householder application, major development and minor development.
Householder application
Involves the development of an existing dwelling house (residential property) or development within the curtilage of a dwelling house.
Major development
Includes mineral extraction; waste; housing with >10 dwellings or covering more than 0.5 ha; developments of floorspace or sites of over 1,000m2; site development of >1ha; land use change >1,000 m2.
Minor development
Any application that doesn't fall in the major development criteria, such as a residential development with less than 10 dwellings or a change of land use of less than 1,000m2.
There are also separate permissions for Listed Buildings and outdoor advertisements. These are dealt with later in the guide.
It is always best to contact your local planning authority hereafter the LPA if you are unsure if planning permission is required and what type of development has been proposed. They will be able to provide advice and act if necessary. In most districts and urban areas, the LPA will be a part of your local council. In National Parks, however, the LPA will be the Park Authority.
Other types of planning permission
This guide has been produced to help you to respond specifically to planning applications for development proposals. However, certain proposals will require additional or separate consents outside of the planning regime.
Special planning rules also apply in National Parks and the Broads, National Landscapes, conservation areas, internationally important wildlife conservation sites – Special Areas of Conservation, Special Protection Areas and Ramsar sites, sites designated as nationally important for wildlife or geology, such as National Nature Reserves and Sites of Special Scientific Interest and Green Belts.
Some of these special rules and circumstances that may require additional or separate consents are set out in detail below.
Nationally Significant Infrastructure Projects
Unlike most planning applications, applications for certain kinds of major infrastructure project are submitted to and examined by a part of the Government called the Planning Inspectorate or PINs, rather than the local authority, and then decided by the relevant Secretary of State.
These projects are known as Nationally Significant Infrastructure Projects (or NSIPs) and fall into one of six categories: energy, transport, water, wastewater, waste or business and commercial. Examples of NSIPs include power stations, railways and major roads.
The type of permission required for an NSIP is a Development Consent Order, or DCO.
The process for determining a DCO is usually longer than other planning applications. This is sometimes due to the scale and complexity of the projects and the potential landscape and community impacts.
Listed Building consent
Listed Buildings benefit from additional planning restrictions under the Planning (Listed Buildings and Conservation Areas) Act (1990). They are designated by the Secretary of State for Culture, Media and Sport for their special architectural or historic interest.
Proposals to alter, extend or demolish a Listed Building will likely require Listed Building consent as well as planning permission.
Conservation Area consent
Conservation Areas are designated areas of special architectural or historic interest. If a development site is located within a Conservation Area the applicant may need to apply for a demolition in a Conservation Area, consent to carry out works involving demolition, as well as planning permission. Works to trees, such as coppicing or pruning, in a Conservation Area also require separate consent and may be prohibited. You can find out whether a site sits within a Conservation Area by looking at the LPA’s adopted policies map and Conservation Area guidance.
Tree Preservation Orders
Tree Preservation Orders or TPOs can be used to protect individual trees or a group of trees from damage or felling without the local planning authority’s consent. Your local planning authority should be able to provide details of trees covered by preservation orders in your area. For further information about TPOs please refer to the government’s Planning Practice Guidance or PPG (Tree Preservation Orders and trees in conservation areas – GOV.UK (www.gov.uk))
Hedgerow Regulations
Hedgerows that are deemed ecologically or historically valuable have some protection under Hedgerows Regulations (1997) and The Management of Hedgerows (England) Regulations 2024. Anyone intending to remove a rural hedge must notify the local planning authority, which has 42 days to decide whether to issue a hedgerow retention notice to stop the removal. Local authorities do not have to publicise plans for hedgerow removal but must keep a public register.
Advertisement Consent
Outdoor Advertisements may require ‘advertisement consent’. The Town and Country Planning (Control of Advertisements) Regulations (1992) control outdoor advertisements. For information relating to requirements for advertising consent please refer to the Government Guide.
Footpath Orders and Public Rights of Way (PROW)
Highway authorities in England legally must keep a record of public rights of way (PRoW) and ensure they are open for public use.
A public right of way will be affected by development where it:
1) crosses or is adjacent to an application site
2) is to be used for site access (whether temporary or permanent)
3) will be crossed by an access road (whether temporary or permanent).
The effect of a development on a right of way is a ‘material planning consideration’. These are dealt with in more detail here.
Planning permission does not grant the right to close, alter or build over a right of way, even temporarily, and this includes, for example, a change in the surface, width or location.
Express permission is required for any change to the surface of a public right of way. Other works can only be undertaken following grant of a Temporary Traffic Regulation Order or a Diversion or stopping up order under the Town and Country Planning Act 1990.
If you have concerns pertaining to works or an obstruction to a public right of way, contact your local Highways Authority who will be able to provide advice.
How is planning permission granted?
Permitted Development
For some developments, permitted development rights apply but the planning authority needs to approve the details of the proposal before development starts. In these cases, the authority has a chance to get a development repositioned or the external appearance changed but cannot question the principle of whether the development should be allowed.
A range of developments fall into this category, including outbuildings related to farming and forestry, small-scale solar photo voltaic panels (PV panels), and telecommunications masts under 15 metres in height; as well as changes of use of farm buildings and offices to housing.
Under the Town and Country Planning (General Permitted Development) Order (1995), local planning authorities are allowed to put up structures like bus shelters and information kiosks as permitted development. Beyond this, they often determine their own planning applications, either for development that they want to conduct themselves, or where they are making local planning authority land available for development by others.
County councils can grant themselves planning permission for their own developments, such as major new roads and school buildings. County councils also decide all planning applications in connection with minerals or waste, deemed ‘county matters’.
Planning applications to the local authority
For most types of planning application applicants will submit plans for development to the local planning authority. If the area you live in is governed by a two-tier local authority system, consisting of a county and district council, you’ll find most decisions are taken by your local district or borough council. However, where a unitary authority is in place, it will act as the local planning authority.
In rare circumstances, for example if the application concerns development on or around Green Belt, outside of town centres, on playing fields, in World Heritage sites or in flood risk areas, and the local planning authority intends to approve it, they will, in some circumstances, have to inform the Secretary of State with responsibility for planning. The Secretary of State may then ‘call in’ the application and make a decision on it following a public inquiry, taking the matter out of the local planning authority’s hands. This call-in right applies to any planning application but is generally used only for major development or in particularly controversial cases.
Development Consent Orders or DCOs
Applications for Nationally Significant Infrastructure Projects (NSIPs) or Development Consent Orders (DCOs) are submitted to the Planning Inspectorate or PINS. PINS oversee the Examination and consultation process for NSIPs and make a recommendation for approval or refusal based on the evidence provided. However, the ultimate decision to grant an application for a DCO sits with the relevant Secretary of State.
Different types of planning applications
Full or Detailed Planning Permission
If granted permission, the applicant can proceed with the development, subject to any imposed conditions and legal agreement.
Outline Planning Permission
This application sets out the general principles for the development of a site or area. It is granted with conditions requiring the submission of a further detailed application.
Section 96A Amendment Application (S96A)
Can be used to amend an existing planning consent as long as the changes are deemed non-material. Whether they constitute non-material changes is up to the local planning authority to decide.
Section 73 Application or Variation of Condition Application (S73)
Seeks to vary an existing planning consent by amending a planning condition attached to the permission. This type of application effectively replaces the previous planning consent.
Submission of Detail for Planning Condition(s) Application
Most major applications will be approved subject to planning conditions. Submission of detailed applications effectively agree or ‘discharge’ planning conditions, to implement the full permission.
Hybrid Application
A hybrid application consists of a part detailed and part outline application. They are usually pursued for major, multi-phased developments where some of the detail is not known at application stage
Development Consent Orders (DCO)
DCO applications are only for Nationally Significant Infrastructure Projects (NSIPs) and are submitted to and examined by the Planning Inspectorate.
How are planning applications decided?
The development plan
Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.
The development plan usually consists of a local plan, setting out agreed planning policies for the local area. At the neighbourhood level there may be a Neighbourhood Plan, which when it is finalised or ‘made’ forms part of the development plan. Development plans have a mix of written general policy relating to vision, strategic aims and objectives, thematic development management policy, and site-specific policy, all with explanatory text. A delivery and performance framework sets out how the plan is to be monitored. Online maps can show allocated sites and designations, such as Green Belt, ecologically important areas and Conservation Areas. Hard copies of the development plan are available for inspection at the local authority planning office.
In the first instance, you should look at the Local Plan Policies Map to understand whether there are any special designations on the application site, such as a Listed Building, Nature Conservation Area or Tree Preservation Order. You can find the policies map online or ask the local planning authority for a printed copy.
If there are designations, you should refer to relevant local planning policy included in the adopted Development Plan.
Material Considerations
Material considerations are specific ‘planning issues’ that are used to help case officers or committee members reach a decision on a planning application.
Case law gives local planning authorities a great deal of leeway to decide what considerations are relevant, and how much weight should be given to them. However, in general material considerations include national planning policies, supplementary planning guidance and key technical issues relating to the development site. In some cases, a development may require an Environmental Impact Assessment, which carries significant weight.
Other Material Considerations
Even if there are no designations on the site, there will be ‘material’ or relevant considerations that should help you to understand whether you should respond to the application or not.
There is no statutory definition of a material consideration, but they can include things like the planning history of the site, noise impacts, proposed density or height, flood risks, or national planning policies. An expanded list of material considerations can be found in the full guide.
In England, nobody has a right to view. Therefore, you are unable to object to a development if it blocks or partially obscures a view as this does not constitute a material consideration. Other things that do not constitute a material consideration include construction impacts, a loss of property value or matters dealt with by Building Regulations.
The person determining the application will decide whether something constitutes a material consideration or not.
National Planning Policies
National planning policies, such as the National Planning Policy Framework (NPPF), Planning Practice Guidance (PPG), and National Policy Statements (NPSs) are material considerations, but do not form part of the Development Plan. NSIP applications should normally be decided in line with the relevant NPS. In future, governments may use new legal powers to create ‘national development management policies’ (NDMPs). At the time of writing such policies are expected to cover areas such as Green Belt, heritage protection and housing types in large developments. Where such policies are introduced, they will override development plan policies where there is a conflict.
Supplementary planning documents (SPD)
SPDs or sometimes called supplementary planning guidance (SPGs) can give further context and detail to development plan policies. These documents can include design guides, or address development in a certain neighbourhood or affordable housing policy for the area.
These documents are not part of the development plan. They don’t have the same weight when local planning authorities are considering planning applications. But they can be a material consideration. Public consultation is required before any new supplementary planning guidance can be considered to carry weight in decisions on planning applications.
Environmental Impact Assessment or EIA Development
Development likely to have a significant impact on the environment may constitute environmental impact assessment known as EIA development. Certain types of development require an impact assessment automatically. Others may need one if their environmental effects could be significant. Applicants will initially undergo a screening to check whether this is the case. A screening opinion is submitted to the local authority and after a three-week period a decision or a ‘screening opinion’ will be issued.
If the screening opinion confirms that the proposed development is likely to give rise to significant effects, then an Environmental Statement is required with the submission of a planning application. This should explain how measures taken in the development do the least possible harm to the environment and what that harm will be. Environmental statements should look at alternatives to the development proposal. The public has the right to scrutinise and comment on the environmental statement once it has been submitted.
Further information can be found here.
Who makes the decision?
Planning permission can either be granted through delegated powers, which means a planner called a case officer working at the local planning authority decides, or by a Planning Committee, who are made up of locally elected Councillors. Householder and minor applications are generally determined under delegated powers, with major or locally controversial applications considered by the case officer in a report and a recommendation made to the Planning Committees to decide. (Include photo of a planning committee)
Occasionally planning applications may be ‘called in’ by the Mayor of London (if the application is within Greater London) or the Secretary of State (in any part of the country including Greater London) for their own decision, through special powers granted to them.
Finding out about planning applications in my area
Local planning authorities are required by law to keep a public register of all planning applications, which you should be able to access easily.
A hard copy of planning applications, along with any maps, plans and supporting documents, is usually kept at the local planning authority’s central office. All applications, plans and supporting documents must also be available online.
If you struggle to find the application you are looking for, contact your local planning department’s duty officer. The preferred method of contact is likely to be via email, details of which you will be able to find on the application page.
The planning application process
Pre-application Consultation
Applicants proposing major developments are encouraged to engage with people in the local area before they submit a formal planning application. This is to help them to understand any issues that may exist in the area and how the development could help address this. It also helps to reduce the number of objections to the planning application as local people can comment on the plans beforehand.
It is not a statutory requirement to hold a consultation before submitting a planning application, however some local planning authorities require applicants to submit a Statement of Community Involvement, setting out how they have involved the local community in their plans.
It is mandatory to conduct pre-application consultation with the local community for Nationally Significant Infrastructure Projects (NSIPs).
If pre-application engagement is meaningful then it is likely a proposed development will change prior to the submission of a formal planning application. This could resolve issues identified at the pre-application stage and/or raise new issues that need to be discussed.
Usually, applicants hold events in local community centres where people are invited to speak to the team, often including the architect and other consultants. Applicants will also usually have a website or email address where members of the public can provide comments on the emerging scheme.
It is advisable to engage with applicants prior to the formal submission of a planning application as this is the stage where changes can still be made if the applicant is willing. Once a planning application is submitted it is generally not possible for any changes to be made to the submitted scheme.
For further information on the pre-application process please refer to the Government’s Planning Practice Guide.
Post application submission
Validation
It is critical that all applications submitted meet the information requirements set by the Government and Council. These are called validation requirements. Applicants must include all necessary information when applying for permission. If any required details are missing it cannot be validated.
National validation requirements are set in the Government’s Planning Practice Guidance.
Statutory Consultation Period
Local planning authorities are bound by law to publicise new validated planning applications and other related consents by putting up a ‘site notice’ for a period of at least 21 days. This is to ensure neighbours and other interested parties are aware of the proposals. The notice must be visible and located on or near to the application site.
Alongside inviting neighbours and the public to review the application, local planning authorities must consult a range of different stakeholders known as Statutory Consultees. The full list of Statutory Consultees is set out in the Government’s Planning Practice Guidance.
Members of the public only have a few weeks to review and comment on a planning application. This is known as the statutory consultation period, which lasts for 21 days from the date the site notice has been put up and/or published. It is important to check this date and not the date the application was submitted as they can be different.
Occasionally the statutory consultation period will be extended if neighbours have not been properly notified, or the period covers a public holiday. Always ask your local planning authority if you are unsure when the consultation period ends.
Statutory Determination Period & the Decision
Once an application has been accepted as ‘valid’, the countdown to a decision begins. This is known as the statutory determination period. For householders and minor development applications a decision should be made within 8 weeks of validation. Major applications take a bit longer to decide, however the Government expects decisions to be made within 13 weeks, unless the development is likely to have considerable environmental impacts. Occasionally, local planning authorities may agree an extension of time with the applicant if they are unable to decide on an application within the statutory determination period.
Applications determined by planning committee may take longer than the statutory determination period as meetings are only held once or twice a month and members can only determine a small number of applications per meeting.
What happens after a decision is made?
All decisions on applications will be published on the local planning authority’s website on the application page. This is known as the decision notice.
An application will either be granted permission or refused. The case officer will normally provide reasons for a decision in their report, known as the ‘Officers Report.’ If the planning committee decides not to accept the officer’s recommendation, they may need to provide reasons separately.
Applications granted permission are often subject to additional requirements known as ‘planning conditions.’ Applicants of major developments may also enter into a legal agreement with the local planning authority to agree and secure financial contributions and/or additional public benefits to make the development acceptable in planning terms. This is sometimes known as a ‘Section 106’ agreement. The legal agreement will be published on the website with the decision when it has been signed. This can sometimes be several months after a recommendation for approval has been made. For further information about S106 and planning conditions visit the Planning Practice Guidance pages Planning Obligations and Use of Planning Conditions.
If an application is refused, the applicant has a right to appeal the decision. Applicants have a right to appeal for up to six months from the date the application was refused, which is shown on the decision notice.
Members of the public do not have a right of appeal against a decision to grant an application. The only route by which they can challenge the grant of planning permission is through the Courts, by what is called an ‘application for judicial review’. However, the grounds on which such an application can be made are limited to matters of law, and do not include disagreements over matters of fact, or whether a development would have unacceptable effects.
If you would like further information on how to challenge a proposal that has gained or is likely to gain planning permission please refer to our ‘How to Challenge Bad Development in Court’ Guide here: Judicial review and planning decisions (cpre.org.uk).
Find out more
You can read or print the full version of this guide by downloading the PDF here, which also contains part 2: how to get involved in planning: CPRE’s key steps. If you want to read a shorter version of part 2, view the web version here.
