There are three statutes that set the framework of the planning system in England and Wales:
- Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 199 and the Planning and Compulsory Purchase Act 2004
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Planning (Hazardous Substances) Act 1990.
Of particular relevance to certain proposed developments are the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.
Town and Country Planning Act 1990 (TCPA90) as amended by Planning and Compensation Act 1991 and the Planning and Compulsory Purchase Act 2004
Set out the framework for planning and the development control process in England and Wales.
Planning (Listed Buildings and Conservation Areas) Act 1990
Part I provides for the compilation of a list of buildings of special interest (historic or architectural), and Part II for the creation of conservation areas (areas which have special historic interest). Developers of listed buildings must obtain a listed building consent to demolish or to alter a listed building’s character. Planning authorities must preserve and enhance conservation areas and they must be taken into account in determining of planning applications of developments within them.
Planning (Listed Buildings and Conservation Areas) Regulations 1990 (SI 1990/1519) as amended by SI 2005/1085
These Regulations make procedural provision for applications for listed building consent, conservation area consent, the variation or discharge of conditions attached to listed building consents or conservation area consents, and for appeals.
Planning (Hazardous Substances) Act 1990
Requires facilities using or storing hazardous substances at or above specified (controlled) quantities to obtain a consent from the hazardous substances authority (HSA). These are usually the local planning authorities. HSAs are responsible for assessing the degree of risk from the facility to the surrounding area.
Planning (Hazardous Substances) Regulations 1992 (SI 1992/656) as amended by SI 1999/981
Implement the Planning (Hazardous Substances) Act 1990. Specify the hazardous substances and the controlled quantities. Set out the procedure for obtaining a consent.
Planning (Control of Major Accident Hazards) Regulations 1999 (SI 1999/981)
Implements land-use planning requirements from the EC COMAH (Control of Major Accident Hazards) Directive of December 1996, known as the ‘Seveso II Directive’. These cover the requirements to ensure that the objectives of preventing major accidents and limiting their consequences are taken into account in land-use planning policies and that these objectives are pursued through controls. They also cover requirement to ensure that planning authorities set up appropriate consultation procedures to facilitate implementation of these policies.
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) as amended by SI 2000/2867, SI 2005/1430, SI 2005/1399, SI 2006/18, SI 2006/948 (Wales) and SI 2006/1052 (Wales)
The Regulations implement the requirements of EC Directive 97/11/EC that amends Directive 85/337/EEC on Environmental Impact Assessment (EIA). They cover the assessment of the effects of certain public and private projects on the environment and, if covered, apply to new planning applications made after 14 March 1999.
The Regulations require certain development projects to undertake an assessment of the environmental effects as part of the planning application procedure. This includes the submission of an environmental statement. The information required in the statement is set out in Regulation 2. The Regulations introduce some procedural changes:
Formal scoping stage at developer’s request. Developers are allowed to obtain a formal (scoping) opinion from the relevant planning authority on what should be included in the Environmental Statement (ES).
Decision on requirement for EIA must be recorded. For all Schedule 2 development (including that which would otherwise benefit from permitted development rights), the local planning authority must adopt its own formal determination of whether or not EIA is required (screening opinion) before or after a planning application has been submitted and place it on the planning register.
Developers must provide information on alternatives studied. Developers are now required to include in the ES an outline of the main alternatives considered and reasons for this choice.
Main reasons must be given for decisions. When determining an EIA application the planning authority or Secretary of State must inform the public of their decision and the main reasons for it, whether grant or refusal.
Development projects subject to the requirements of the regulations are set out in two schedules. For those listed in schedule 1 an environmental assessment is mandatory. For those listed in schedule 2 an assessment is required where the proposed development is likely to have a significant effect on the environment.
The 1999 Regulations revoke and re-enact the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (as amended). Under the 1999 Regulations, the number of categories of project subject to environmental impact assessment is increased. However, the 1988 Regulations and Circular 15/88 still apply to applications made before 14 March 1999.
Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) as amended by SIs 1997/366, 1998/462 1999/293 and SI 2001/2718
Sets out the classes of development or use of land which do not require planning applications (i.e. permitted development) - provided any change results in only minor changes in character.
Town and Country Planning (General Development Procedure) Order 1995 (SI 1995/419) as amended by SI 1997/858 and 2002/828
Sets out the planning application procedure, including public notification requirements. Applications are to be made on forms obtained from the local planning authority. The planning authority is required to maintain a public register of planning applications.