Peyto Law

01252 617119

Planning Law Solicitors

Planning Glossary

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.
Agriculture
Agriculture is defined under the 1990 Town and Country Planning Act as including "horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes".
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.
Ancillary Use / Operations
A subsidiary or secondary use or operation closely associated with the main use of a building or piece of land.
Appeal
The process whereby an applicant can challenge an adverse decision on an application or the issuing of an enforcement notice by means of written representations, an informal hearing or formal inquiry proceedings. Appeals are administered by the Planning Inspectorate.
Article 4 Direction
Direction removing some or all permitted development rights, for example within a conservation area or curtilage of a listed building. Article 4 directions are issued by local planning authorities.
Back-land development
The development of "landlocked" sites behind existing buildings, such as rear gardens and private open space, usually within predominantly residential areas. Such sites often have no street frontages.
Breach of Condition Notice
A notice served by a local planning authority where they suspect that a planning condition linked to a planning permission has been breached.
Brownfield Land and Sites
Previously developed land which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
Building Preservation Notice
A notice applying to a building all the protection afforded to Listed Buildings on a temporary basis, during which time the Secretary of State will consider whether the building should be granted Listed Building status. The building should be of special historic or architectural interest and be in danger of demolition or alteration harmful to the character of the building.
Called-in Planning Application
A planning application called in by the Secretary of State for determination rather than being determined by the local planning authority. Such applications are subject to a public inquiry before a Planning Inspector who will make recommendation to the Secretary of State who will then decide whether to grant or refuse planning permission.
Certificate of Lawfulness of Existing Use or Development (CLEUD)
A certificate issued by a local planning authority confirming that an existing use or development is lawful because no enforcement action can be taken (because it did not involve development or require planning permission or the time for taking enforcement action has elapsed) and the use or development does not contravene an existing enforcement notice.
Certificate of Lawfulness of Proposed Use or Development (CLOPUD)
A certificate issued by a local planning authority confirming that a proposed use or development is lawful.
Compulsory Purchase Order (CPO)
An order issued by the government or a local authority to acquire land or buildings for public interest purposes, such as to enable a development to take place.
Conditions (or "planning condition")
Requirements attached to a planning permission to limit, control or direct the manner in which a development is carried out.
Conservation Area
Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.
Conservation Area Character Appraisal
A document published by a local planning authority defining the special architectural or historic interest that warranted an area being designated as a Conservation Area.
Conservation Area Consent
Consent required for the demolition of an unlisted building within a conservation area.
Core strategy
A Development Plan Document setting out the spatial vision and strategic objectives of the planning framework for an area.
Curtilage
The area normally within the boundaries of a property surrounding the main building and used in connection with it.
Decision Notice
A formal, written, legal document which states the decision made by a planning authority in relation to an application, including any conditions attached to a permission.
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.
Delegated Powers
A power conferred so that planning officers make the decision on a planning application rather than a Committee.
Departure
A proposed development that is not in accordance with the adopted development plan, but for which the local planning authority proposes to grant planning permission.
Detailed/Full Application
The most common type of planning application is one that seeks full or detailed planning permission. It should contain all the information needed for the local planning authority to reach its decision, but the authority may seek further information.
Development
Development is defined under the 1990 Town and Country Planning Act as "the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any building or other land."
Development Plan Documents (DPDs)
Development Plan Documents are prepared by local planning authorities and outline the key development goals of the local development framework. Development Plan Documents include the core strategy and, where needed, area action plans. There will also be an adopted proposals map which illustrates the spatial extent of policies that must be prepared and maintained to accompany all DPDs.
Enforcement Action
Procedures by a local planning authority to ensure that the terms and conditions of a planning decision are carried out, or that development carried out without planning permission is brought under control.
Enforcement Notice
A notice served by a local planning authority setting out the remedial action necessary to put right work or correct an activity that appears to have been undertaken without planning permission.
Environmental Impact Assessment (EIA)
Applicants for certain types of development are required to submit an "environmental statement" accompanying a planning application. This evaluates the likely environmental impacts of the development, together with an assessment of how the severity of the impacts could be reduced.
Flood Risk Assessment
An assessment of the likelihood of flooding in a particular area so that development needs and mitigation measures can be carefully considered.
General Permitted Development Order (GPDO)
A set of regulations made by the Government which grants planning permission for certain forms of development.
Greenfield Land or Site
Land (or a defined site) usually farmland, that has not previously been developed.
Householder Applications
Planning applications from occupiers of a single dwelling relating to that property.
Listed Building
A building of special architectural or historic interest. Listed buildings are graded I, II* or II with grade I being the highest. Listing includes the interior as well as the exterior of the building, and any buildings or permanent structures (e.g. wells within its curtilage).
Listed Building Consent
Consent required for the demolition, in whole or in part of a listed building, or for any works of alteration or extension that would affect the character of the building.
Listed Building Enforcement Notice
A notice issued by a local planning authority if work is carried out on a Listed Building without consent, and requiring that the building be brought back to its former state or other remedial works.
Listed Building Purchase Notice
A notice served on a local planning authority where Listed Building consent is refused or is granted subject to onerous conditions, and where the owner can demonstrate that land is incapable of reasonably beneficial use.
Local Development Framework (LDF)
The Local Development Framework (LDF) is a non-statutory term used to describe a folder of documents, which includes all the local planning authority's local development documents.
Local Planning Authority
The local authority or council that is empowered by law to exercise planning functions. Often the local borough or district council but National parks and the Broads authority are also considered to be local planning authorities. County councils are the authority for waste and minerals matters.
Material Consideration
A matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
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
An amount of development (for example, the quantity of buildings or intensity of use) that is excessive in terms of demands on infrastructure and services, or impact on local amenity and character.
Overlooking
A term used to describe the effect when a development or building affords an outlook over adjoining land or property, often causing loss of privacy.
Overshadowing
The effect of a development or building on the amount of natural light presently enjoyed by a neighbouring property, resulting in a shadow being cast over that neighbouring property.
Parish Plan
A community planning tool which assists communities to articulate issues of concern to them. This results in an action plan which can be used to inform and endorse the Parish Council's role in acting on behalf of and representing the community.
Permitted Development
Development for which planning permission is granted under the GPDO without the need to make an application to a local planning authority.
Planning Gain
The benefits or safeguards, often for community benefit, secured by way of a planning obligation as part of a planning approval and usually provided at the developer's expense. Examples include affordable housing, community facilities and highway improvements.
Planning Obligations and Agreements
Legal agreements between a planning authority and a developer, or undertakings offered unilaterally by a developer, to ensure that certain Planning Gain is secured. Sometimes called "Section 106" agreements.
Planning Permission
Formal approval sought from a local planning authority allowing a proposed development to proceed. Permission may be sought in principle through outline planning applications, or be sought in detail through full planning applications.
Planning Policy Guidance (PPG) and Planning Policy Statements (PPS)
Issued by central government setting out its national land use policies for England on different areas of planning. Planning Policy Guidance Notes are gradually being replaced by Planning Policy Statements.
Prior Approval
A procedure where permission is deemed granted if the local planning authority does not respond to the developer's application within a certain time. Often relating to telecommunication or agricultural developments.
Section 106 Agreement
A legal agreement under section 106 of the 1990 Town & Country Planning Act. See Planning Obligations and Agreements.
Sui-Generis
A term given to the uses of land or buildings, not falling into any of the use classes identified by the Use Classes Order, for example theatres, launderettes, car showrooms and filling stations.
Supplementary Planning Document (SPD)
A Supplementary Planning Document is a Local Development Document that may cover a range of issues, thematic or site specific, and provides further detail of policies and proposals in a "parent" Development Plan Document.
Sustainable Development
A widely used definition drawn up by the World Commission on Environment and Development in 1987: "Development that meets the needs of the present without compromising the ability of future generations to meet their own needs."
Travel Plan (sometimes called a "green travel" or "commuter" plan)
A travel plan aims to promote sustainable travel choices (for example, cycling) as an alternative to single occupancy car journeys that may impact negatively on the environment, congestion and road safety. Travel plans can be required when granting planning permission for new developments.
Tree Preservation Order (TPO)
A mechanism for securing the preservation of single or groups of trees of acknowledged amenity value. A tree subject to a tree preservation order may not normally be topped, lopped or felled without the consent of the local planning authority.
Unauthorised Development
Development that has or is taking place without the benefit of planning permission. It may then risk being the subject of enforcement action.
Use Classes Order
The Town and Country Planning (Use Classes) Order 1987 puts uses of land and buildings into various categories.
Windfall Site
A site not specifically allocated for development in a development plan, but which unexpectedly becomes available for development during the lifetime of a plan. Most "windfalls" are referred to in a housing context. Windfall Sites tend to be very small sites for one or a small number of homes.

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