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UK Planning Policy and Legislation

Each country of the United Kingdom has its own distinct planning system with responsibility for town and country planning devolved to the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly.

Planning Policy

England
National Planning policy for England is set out in a series of Planning Policy Statements (PPS), covering a range of topics. They are legally binding and may be treated as material considerations in the determination of planning applications. PPS22 Renewable Energy is the national planning policy for renewable energy and was published in 2004. PPS22 is accompanied by a Companion Guide, which discusses the planning and development of renewable energy schemes across England.

Also important to renewable energy developments is the supplement to PPS1, Planning and Climate Change – Supplement to Planning Policy 1, which takes precedence over other's in the PPS series and sets out how planning, in providing for the new homes, jobs and infrastructure needed by communities, should help shape places with lower carbon emissions and resilience to climate change. This policy moves towards wider networks and neighbourhood-scale decentralised energy sources, it places a stronger emphasis on developers and local authorities to consider onsite renewables for all new developments, and it provides more robust guidance for the handling of renewable energy planning applications.

England and Wales follow a plan-led system. This involves preparing plans that set out what can be built and where. There are two main levels of plan, Regional Spatial Strategies and Local Development Frameworks:

Regional Spatial Strategies (RSS) in each English region outside of London form part of the statutory Development Plan. The London Plan is the name given to the Mayor's spatial development strategy for London. Regional Spatial Strategies provide a broad development strategy for the region for a fifteen to twenty year period, and incorporate a Regional Transport Strategy (RTS). The RSS contributes to sustainable development and informs the preparation of Local Development Documents (LDDs), Local Transport Plans (LTPs) and regional and sub-regional strategies and programmes that have a bearing on land use activities. At a local level, Local Planning Authorities are responsible for preparing planning policy in the form of Local Development Frameworks (LDF), which are a suite of documents that include:

  • a local development scheme (LDS) which sets the programme and timetable for document production;
  • development plan documents (DPDs) which are part of the statutory development plan and set out the spatial policies and sites for future development. The DPDs prepared should include a core strategy document, a site specific allocations of land document and a proposals map. Separate documents on development control policies setting out criteria to determine planning applications can also be prepared, or these policies can be contained within the core strategy;
  • supplementary planning documents (SPDs) which expand on policies set out in DPDs;
  • a statement of community involvement (SCI) which sets out how the community can be involved in the planning process and development plan production; and
  • an annual monitoring report (AMR) which outlines implementation of policies and monitors progress on the local development scheme.
  • For minerals and waste planning, local development frameworks are known as Minerals and Waste Development Frameworks (MWDFs). The minerals and waste development framework forms part of the development plan, which provides the basis for determining planning applications.

Northern Ireland
Policy on land-use and a variety of planning topics is set out in a series of Planning Policy Statements (PPS). They set out the main planning considerations in assessing proposals for various forms of development and material to decisions on individual planning applications. They are also often relevant to the preparation of development plans.

Draft PPS18 'Renewable Energy' was published in 2007 and a set out the Department of the Environment's planning policy for development that generates energy from renewable resources.

PPS 1 'General Principles' sets out the guiding principle in making decisions on planning applications - which states that development should be permitted, having regard to the development plan and all other material considerations, unless it would cause demonstrable harm to interests of acknowledged importance.

Some guidance for renewable energy developments is provided by Policy PSU12 of 'A Planning Strategy for Rural Northern Ireland', published in 1993. PPSs are gradually replacing the policy provisions of the Planning Strategy for Rural Northern Ireland and each PPS indicates those policies of the Strategy that it is superseding. In addition a PPS will indicate if it is taking precedence over the provisions of development plans.

The Regional Development Strategy for Northern Ireland 2025 was published in 2001 to guide the future development of Northern Ireland to 2025 and help meet the needs of a fast growing Region.

At a local level, development plans set out more detailed policy at a local level and consist of maps and written policies, which show where and in what quantity various types of development will be permitted. Development plans are prepared by the Planning Service, an Agency within the Department of The Environment.

Scotland
Scottish Ministers are responsible for the National Planning Framework for Scotland (NPF) which sits at the top of the policy hierarchy and is the long term strategy for the development of Scotland over the next 25 years. The second National Planning Framework is due to be published by spring 2009. It will provide a national context for development plans and planning decisions, as well as informing the ongoing programmes of government and agencies, and includes necessary grid infrastructure developments for renewable energy.

The national policy for renewable energy in Scotland is SPP6 (Scottish Planning Policy 6), which was published in 2007 and sets out how the planning system should manage the process of encouraging, approving and implementing renewable energy proposals when preparing development plans and determining planning applications.

The Scottish Planning Policy (SPP) and National Planning Policy Guidance (NPPG) series' are being consolidated into one document to provide a clearer, more focused and consistent statement of national planning policy. The thematic policies, currently set out in SPPs and NPPGs, will remain in force until replaced by the consolidated SPP in 2009.

Scotland also has a series of Planning Advice Notes (PAN) which provide advice on good practice and relevant information. PAN45 – Renewable Energy Technologies was published in 2002 and updates previous guidance, with advice on renewable energy technologies. PAN45 – Annex: Planning for Microrenewables was published in 2006 and explains how the planning system can support the micro-renewables industry in the rollout of the technology. PAN45 – Annex 2: Spatial Frameworks and Supplementary Planning Guidance for Wind Farms was published in 2008 and provides advice to planning authorities on supplementary planning guidance for wind farms, particularly on the process of preparing spatial frameworks for wind farms over 20 megawatts capacity.

At a local level, development plans are prepared by planning authorities (and strategic development planning authorities) and describe where development will happen and where it will not. Planning applications must be determined in line with the development plan unless material considerations indicate otherwise. The development plan system is undergoing modernisation. In the new system the development plan will consist of strategic development plans (in the 4 biggest city regions only), nationwide coverage of local development plans, and supplementary guidance.

Wales
'Planning Policy Wales' (March 2002) sets out current land use policy for Wales, and which provides the strategic policy framework for the effective preparation of local planning authorities' development plans. Revisions to Planning Policy Wales are notified by Ministerial statements and published as numbered Interim Planning Statements.

A series of Technical Advice Notes (Wales) (TANs) set out supplementary policy guidance on a variety of topics. 'TAN 8 - Renewable Energy' was published in 2005 and sets out the national policy on renewable energy and planning. TAN 8 is accompanied by a series of 8 maps illustrating strategic areas for wind energy developments, and a series of Annexes containing case studies and technical information. Significantly, TAN8 gives a target for the provision of 800MW of installed onshore wind by 2010. The Welsh Assembly Government has recently indicated that the current version of TAN8 is to be refreshed.

'Planning Policy Wales', TAN 8 and planning circulars may be material to decisions on individual planning applications and will be taken into account by the National Assembly for Wales and Planning Inspectors in the determination of called-in planning applications and appeals.

At a local level, development plans are prepared by LPA's, which set out more detailed policy at a local level. In addition, TAN8 requires that LPAs provide Supplementary Planning Guidance (SPG) to refine the strategic wind development areas set out within TAN8, in order to provide further locational guidance for potential developments. However, the preparation of wind energy SPG's had fallen far behind schedule, therefore at present development criteria and locational guidance in Wales is uncertain.

Planning Legislation

The Town and Country Planning Act 1990
This Act consolidates current planning legislation, and is the principal planning Act for England and Wales. It has received a number of revisions and alterations from subsequent Acts.

The Planning (Northern Ireland) Order 1991
The above order contains the principle planning law for Northern Ireland and places a general duty on the Department of Environment (DoE) to formulate and co-ordinate policy for securing the orderly and consistent development of land and the planning of that development. The Order also gives the Department various powers to enable it to carry out these duties which include the granting of planning permission, the preparation of development plans and enforcement of development control.

The Planning (Amendment) (Northern Ireland) Order 2003
Introduced new and revised powers and penalties to the DoE.

Planning Reform (Northern Ireland) Order 2006
This Order makes provision for the DoE to reform and improve planning processes while also enhancing transparency and community involvement in the planning system. The Order includes a number of measures relating to the Department's development control, enforcement, and development plan preparation functions, including commitments made in the Department's Modernising Planning Processes Implementation Plan published in February 2003. Many of these provisions will reflect measures in Great Britain (GB) introduced by the Planning and Compulsory Purchase Act 2004. It also fulfils a long-standing commitment to end the Crown's immunity from the planning system.

The Town and Country Planning Act (Scotland) 1997
This Act sets out the main planning law in Scotland, supported by various other pieces of primary and secondary legislation. It is amended in places by The Planning etc. (Scotland) Act 2006.

Planning and Compulsory Purchase Act 2004
This is an Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land, and strengthens the focus on sustainability, transparency, flexibility and speed. The main body of the act is applicable to England and Wales, although some sections apply to Scotland.

The aim of the Act is to give effect to the Government's policy on the reform of the planning system, the principal features of which are set out in the policy statement "Sustainable communities: Delivering through planning" which was published in July 2002. That paper took forward proposals that were outlined in the Green Paper "Planning: delivering a fundamental change", published in December 2001.

The Planning etc. (Scotland) Act 2006 This Act amends existing planning legislation to implement proposals set out in the White Paper, 'Modernising the Planning System' (June 2005), which includes measures to allow different types of development to be dealt with in different ways to allow for prioritisation of resources, more devolution of decision making and appeals, and exempting very minor developments from the planning application process. The Act also introduces the National Planning Framework – a spatial plan for Scotland which sets out in broad terms how Scottish Ministers consider that the development and use of land could and should occur.

The Planning Act 2008 (UK)
The Planning Bill introduced to the UK Parliament on 27 November 2007 received Royal Assent on 26 November 2008 and is now the Planning Act 2008. The main body of The Act applies to England and Wales, with some areas applicable to Scotland. The Act includes provisions on:

  • Establishment an Infrastructure Planning Commission (IPC) and its functions
  • National policy statements; which will set the framework for decisions by the IPC.
  • The authorisation of projects for the development of nationally significant infrastructure
  • Alterations to the existing Town and Country Planning regime including revisions to appeals procedures
  • The imposition of a Community Infrastructure Levy to support infrastructure development and funding at the local, sub-regional and regional levels.