Planning Permission: Difference between revisions
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[[Category:Legislation & Policy]] | [[Category:Legislation & Policy]] | ||
===Overview=== | ===Overview=== | ||
Granted by local | Granted by local '''Planning Authorities''', a [[Planning Permission]] is needed if something new is to be built, major changes are made to a building, or if changes will be made regarding the use of a building. It can be granted or refused meaning the recipient can or cannot proceed with the proposed development<ref>GOV.UK, 2019a. [https://www.gov.uk/planning-permission-england-wales Planning permission. GOV.UK, Housing and Local Services.] [online] [Accessed 31 Oct. 2019]</ref>. | ||
The development of a waste facility is based on land use which is a ‘plan led’ system, and is provided for under the various Town and Country Planning | The development of a waste facility is based on land use which is a ‘plan led’ system, and is provided for under the various '''Town and Country Planning Legislation'''. | ||
===Process=== | ===Process=== | ||
| Line 10: | Line 10: | ||
===Decision Making=== | ===Decision Making=== | ||
In reality there are three tiers of decision making: | In reality there are three tiers of decision making: | ||
*If the proposed development is classified as a [[Nationally Significant Infrastructure Project]] (NSIP) then Planning Permission is granted in the form of a [[Development Consent Order]] (DSO) 2. The application goes straight to the | *If the proposed development is classified as a [[Nationally Significant Infrastructure Project]] (NSIP) then Planning Permission is granted in the form of a [[Development Consent Order]] (DSO) 2. The application goes straight to the '''Planning Inspectorate''' (on behalf of the relevant Secretary of State) for a Development Consent Order, to some degree bi-passing the ‘local politics’<ref>Department for Communities and Local Government (2015). [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/485064/Making_changes_guidance_to_Development_Consent_Orders.pdf Planning Act 2008: Guidance on Changes to Development Consent Orders.] London, p.4.</ref> | ||
*‘Normal’ infrastructure that goes through the County Council (or Unitary Council in a single tier authority), generally focused on [[Disposal]] and [[Treatment]] type waste facilities. | *‘Normal’ infrastructure that goes through the '''County Council''' (or '''Unitary Council''' in a single tier authority), generally focused on [[Disposal]] and [[Treatment]] type waste facilities. | ||
*‘Industrial Unit’ type infrastructure, where the use is essentially the key determinant, for the District Council to decide (such as B1, B2 etc) in the context say of an industrial estate. In some cases small scale EFW projects (but more specifically small sorting/recycling plants in standard industrial buildings) have been determined under this criteria, but in many cases (which vary across the country) a waste development of any kind is considered ‘Sui Generis’ and the use of standard classification (B1, B2 etc) is not considered acceptable. | *‘Industrial Unit’ type infrastructure, where the use is essentially the key determinant, for the '''District Council''' to decide (such as B1, B2 etc) in the context say of an industrial estate. In some cases small scale EFW projects (but more specifically small sorting/recycling plants in standard industrial buildings) have been determined under this criteria, but in many cases (which vary across the country) a waste development of any kind is considered ‘Sui Generis’ and the use of standard classification (B1, B2 etc) is not considered acceptable. | ||
===Exceptions=== | ===Exceptions=== | ||
In some cases, Planning Permission is not required to proceed with a proposed development, this is known as | In some cases, Planning Permission is not required to proceed with a proposed development, this is known as '''‘Permitted Development Rights’''' and in the case of waste uses generally only applies to existing waste activities previously consented that are proposing only minor changes to the existing use<ref>GOV.UK, 2019b. [https://www.gov.uk/planning-permission-england-wales/when-you-dont-need-it Planning permission. When you don't need it. GOV.UK.] [online] [Accessed 20 Nov. 2019]</ref>. | ||
==References== | ==References== | ||
<references /> | <references /> | ||
Latest revision as of 11:18, 8 December 2020
Overview
Granted by local Planning Authorities, a Planning Permission is needed if something new is to be built, major changes are made to a building, or if changes will be made regarding the use of a building. It can be granted or refused meaning the recipient can or cannot proceed with the proposed development[1].
The development of a waste facility is based on land use which is a ‘plan led’ system, and is provided for under the various Town and Country Planning Legislation.
Process
The plan led system cascades national policy, regional policy and local policy against which any planning application must be determined against, but the ultimate determination is a political process and in the case of waste is generally a decision made by the County Council (based on a series of reports from statutory consultees and the officer responsible in the council related to land use and policy).
Decision Making
In reality there are three tiers of decision making:
- If the proposed development is classified as a Nationally Significant Infrastructure Project (NSIP) then Planning Permission is granted in the form of a Development Consent Order (DSO) 2. The application goes straight to the Planning Inspectorate (on behalf of the relevant Secretary of State) for a Development Consent Order, to some degree bi-passing the ‘local politics’[2]
- ‘Normal’ infrastructure that goes through the County Council (or Unitary Council in a single tier authority), generally focused on Disposal and Treatment type waste facilities.
- ‘Industrial Unit’ type infrastructure, where the use is essentially the key determinant, for the District Council to decide (such as B1, B2 etc) in the context say of an industrial estate. In some cases small scale EFW projects (but more specifically small sorting/recycling plants in standard industrial buildings) have been determined under this criteria, but in many cases (which vary across the country) a waste development of any kind is considered ‘Sui Generis’ and the use of standard classification (B1, B2 etc) is not considered acceptable.
Exceptions
In some cases, Planning Permission is not required to proceed with a proposed development, this is known as ‘Permitted Development Rights’ and in the case of waste uses generally only applies to existing waste activities previously consented that are proposing only minor changes to the existing use[3].
References
- ↑ GOV.UK, 2019a. Planning permission. GOV.UK, Housing and Local Services. [online] [Accessed 31 Oct. 2019]
- ↑ Department for Communities and Local Government (2015). Planning Act 2008: Guidance on Changes to Development Consent Orders. London, p.4.
- ↑ GOV.UK, 2019b. Planning permission. When you don't need it. GOV.UK. [online] [Accessed 20 Nov. 2019]