Planning and sustainable development
More information on planning
Our Law and Your Environment website has more detailed information on the planning system and your rights and responsibilities.
Planning and Building works information on Law and Your EnvironmentIn the UK, land is a precious resource and there are many competing uses for it. Decisions involving how land can be used are often very controversial. The planning system provides the legal and policy framework for the resolution of conflicting interests in the use of land.
Environmental Protection and Economic Growth
The protection of the environment is a key objective of the Government's policies on land use planning but it is not an overriding objective. It sits next to the Government's objectives, for example, for more housing, more roads and shops – all that goes into economic growth. The Government tries to reconcile these seemingly conflicting objectives by making the achievement of "sustainable development" an overarching (but not overriding) policy of land use planning.
What is "Sustainable Development"?
The concept of sustainable development is widely accepted as meaning development which meets the needs of the present without compromising the ability of future generations to meet their own needs. Whether pursuing this policy will be successful - for example in combating climate change has yet to be seen.
Planning Policies
The National policies are taken forward by local planning authorities into local development documents (the development plan) which set out the local authorities' policies and objectives for new development in their areas. Decisions on proposed new development must have regard to the development plan so far as relevant and other considerations. Where the policies in the development plan support the proposal, an application for planning permission should be permitted unless there is a good reason for refusing the proposed development. This could be, for example, because there are alternative sites for the proposed development which are preferable because of the impact on the environment or local amenity.
Decision Making
The decision making process is often a balancing exercise between competing interests. The usual decision maker is the local authority. But if an application is refused, the Planning Inspectorate (an Inspector appointed by the Secretary of State) may be asked to rule on it.
Decisions depend on a wide variety of factors, including:
- where a proposal is situated - is it in or close to any sites which have been designated for their ecological, landscape or recreational value in the development plan or by a nature conservation body under national legislation, for example as a Site of Special Scientific Interest?
- the nature of the proposed development, for example housing or a waste transfer site
- the need for that development
- the relevant policies in the development plan and national policy guidance and relevant legislation
Environmental Impact Assessment
Sometimes an "environmental impact assessment" (EIA) is required alongside a planning application. This is to enable decision makers to consider properly the environmental impacts. The rules for when this is needed are set down in Environmental Impact Regulations, which owe their origin to a European Directive. An EIA may be needed because of the size of a proposed development, what it is or because it is likely to have significant effects on the environment. The assessment will include the likely environmental impacts of a proposal and any measures that could be taken to reduce the impacts. Local authorities have to take into account the results of the EIA, where there is one, but it is only one element in decision making. Ultimately it is up to the decision maker how much weight they give to environmental considerations, having regard to the policy framework.