Proposals for land use
Parliament makes laws and sets out the legal framework for the
planning system in England and Wales. The primary legislation for
the planning system is the Town and Country Planning Act 1990
accompanied by other legislation such as the General Permitted
Development Order 1995, the Use Classes Order 1987 and a range of
statutory instruments.
However while Parliament makes the law the Courts have to
interpret the legislation. Courts may be required to make
judgements on planning matters and as a result case law has
resulted. Planning Officers have to take into account both the
primary legislation and case law when deciding planning
applications and preparing Local Plans.
The Government administers the planning system. They can:
- issue guidance to local councils via national and regional
planning guidance
- set planning policy via Circulars, and Planning Policy Guidance
Notes
- make decisions on planning appeals and major planning
applications via the Planning Inspectorate.
Different tiers of Local Government are involved in planning:
County Councils, District Councils and in some urban areas unitary
authorities only.