The planning system promises an impartial process of dealing with our city’s needs; but the reality is often a very partial battle with outcomes dependent upon money and organised communities.
All development of land requires planning permission from local councils (and sometimes the Mayor of London), whether constructing new buildings, extending or changing the use of existing buildings. Permission should be granted where the application meets the requirements of the development plan. What’s that?
The development plan is drawn up by the planning authority, partly based on evidence and consultation with those affected – residents, businesses, landowners, developers.
London uniquely has two parts to the development plan: (i) the ‘strategic’ London Plan devised by the Mayor; and (ii) council-produced Local Plans, which are required to generally conform to the London Plan.
Both London and Local Plans should identify key needs and opportunities, with priorities set by politicians. Each plan ultimately has to pass an ‘Examination in Public’, where a govt planning Inspector assesses every policy in a forum to which objectors are invited.
Unsurprisingly, the plan-making process is long and arduous (usually taking around 2-3 years from first draft to final adoption). The result is that deep-pocketed developers and landowners fund professionals to fight their corner, leaving exhausted amateur residents at a distinct disadvantage.
PLANNING APPLICATIONS often play out a similar ‘David v Goliath’ story. Developers talk secretly and intensively to the borough council before submitting an application, in the hope of getting support. They are supposed to consult publicly, but this is usually a meaningless exercise designed to bamboozle and obfuscate.
Planning applications are scrutinized by planning officers as to whether they conform to the development plan; they then make recommendations to their council’s Planning Committee. Individuals and groups can submit written objections, but have very limited rights to address the Committee hearing.
Unfortunately, the promise of ‘investment’ often entices politicians keen to claim local improvements, as well as new development generating additional revenue through council tax and Community Infrastructure Levy (CIL).
Where a Planning Committee refuse planning permission, developers can Appeal to the independent Planning Inspectorate, hiring ‘professionals’ to argue their case, although objectors can apply to be a ‘Rule 6’ party and fully involved – but without resources (through crowdfunding) this can be a thankless task. Occasionally the govt step in, with the Secretary of State ‘recovering’ or ‘calling in’ the application for their decision.
The final backstop is the courts – decisions by planning committees, Inspectors and the Secretary of State are all subject to judicial review – although very few cases see planning permissions quashed.
Finally, even when planning permission is granted, there are many circumstances when the development does not go ahead: the economic conditions have changed, funders have got cold feet, the site is sold on etc.
Here’s a simple guide to the planning process: Planning-Aid-for-London_Guide_What_is_planning_2024_UPDATED.pdf
A guide to finding information: Finding the information that you need – Planning Aid for London
A guide to consultation on planning applications: Planning-Aid-for-London_Guide-6_Consultation-and-determination.pdf
A guide to what to do if you’re unhappy about a decision: Planning-Aid-for-London__Guide_After-a-Planning-Decision-is-made.pdf
Jargon-buster: here is a link to a glossary prepared by Planning Aid for England https://www.planningaid.co.uk/hc/en-us/articles/209767445-Jargon-buster-glossary-of-planning-terms. Say if you think we should customise it for London.