Swindon Solicitors

Planning law

What is planning law?

Planning law regulates property owners to ensure the land they own is used and developed in ways which benefit the surrounding community.

Planning law also regulates the way land is used in a more general sense. It decides where buildings can be built and when substantial changes to a building are intended, requires permission of a local land authority to be sought.

What is the ultimate aim of planning law?

It is to create a balance between allowing developments to create jobs and homes and protecting natural landscapes and environments.

Is planning permission normally granted?

The simple answer is no. Whether to grant planning permission is not always an easy decision. For example there is a green area between a few houses in a town which are used by local children to play on. The view is loved by the neighbours living opposite. A developer however wants to build houses on the land which will provide low cost houses for local residents. The decision to grant permission will need to take all factors into account.

Who decides whether permission is granted?

The local authority ultimately decides whether houses should be built in an area enjoyed by the local residents. It will weigh up the interests of the current and potential residents, the developer and community as a whole.

Are there any further considerations a local authority may take into consideration when granted planning permission?

Before the local authority allow or disallow developments they will consider whether the proposed development affects a listed building. To decide whether a building escapes development the local authority will refer to the listed building legislation.

Broadly speaking, what does the listed building legislation say?

The legislation separates protected buildings into three different types of grades: They are grade I: buildings of exceptional interest; grade II*: buildings of special interest with particularly important features; and grade II: buildings of special interest.

How are the grades decided?

This will normally depend on what year the building was built.

The legislation states that all buildings built before 1700 and most buildings built between 1700 and 1840 will be considered listed buildings if they have not been altered to a great extent.

Buildings built between the years 1840-1914 will only be listed in special cases. Even buildings built as late as 1914 can be listed if they are considered prime examples of modern architecture.

What happens in practise if one of the buildings falls under one of the listed grades?

If a building is considered as a listed building then the planner must consider whether a development would badly affect the setting of the listed building.

If the potential development creates an inconsistent feel to the surrounding area the planner should refuse to go through with planning permission.

Are any other buildings offered protection?

If a building features on the government’s list of buildings of special architectural or historic interest they will be offered protection against development.

Is it always necessary to seek planning permission from the local authority for listed buildings?

If a building falls under a grade 1 listing the owners of the building must seek permission before making any kind of alteration or development. This includes internal and external changes.

It is advisable to seek permission for all other types of potentially listed buildings.