Urban Planning and Real Estate Development

By John Ratcliffe; Michael Stubbs | Go to book overview
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CHAPTER TWO

Policy and implementation of urban planning
Since 1948 a highly regulated system of land-use control has been gradually introduced by successive legislative reforms. Today, the implementation of urban planning controls is exercised under two distinct but interconnected subject areas, dealing first with the production of planning policies and then how those policies feed into the development control system, whereby decisions are made on individual planning applications. Both of these subjects form the bedrock of the planning system. Attention will be focused upon the context of planning policy, together with a detailed study of the processing of a planning application, including the formulation of the decision whether to grant or refuse such an application. Reference is also made to illustrative (but not exhaustive) case law on matters that constitute issues relevant to the determination of a planning application. The chapter is organized as follows:
the development plan process
the development control process.

The post-war planning system involving both the production and implementation of locally produced planning policy was first introduced by the Town and Country Planning Act 1947. All previous town planning statutes were repealed and the new legislation heralded the introduction of a major shift in public policy, from which we may trace the evolution of the current system. The new Act came into force on 1 July 1948 (the appointed day).1 This legislation introduced the modern system as it exists today. The very need to apply for planning permission became nationalized. Private landownership would remain, but thenceforth permission would be required to change the use of buildings or to erect new structures. Planning policy would be prepared by local councils (city, district or borough) and county councils. Such locally produced policy would shape the patterns of development across the country. However, the overall organization of town planning would be the subject of a highly centralized system of control, whereby central government would determine the function of local government. As local government is responsible for the implementation of planning functions,

1. This date is important in determining what is “original”, so that, when calculating permitted development tolerances, anything built before the appointed day is original and therefore not considered to be an extension.

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