도시계획법
건축 허가, 허용 개발, 집행, 항소 및 환경 영향.
소개
Planning law governs the use and development of land in England & Wales. The principal statute is the Town and Country Planning Act 1990. Planning permission is required for 'development' — defined as carrying out building, engineering, mining, or other operations, or making a material change of use. The National Planning Policy Framework (NPPF) guides decision-making. Local Planning Authorities (LPAs) determine planning applications, with appeals to the Planning Inspectorate and ultimately the courts via judicial review.
핵심 원칙
Development — Planning permission is required for 'development' as defined in s.55 TCPA 1990: building operations, engineering operations, mining, or material change of use of land or buildings.
Permitted Development — The Town and Country Planning (General Permitted Development) Order 2015 grants automatic planning permission for specified types of development (e.g., certain householder extensions) subject to conditions and limitations.
Material Considerations — In determining planning applications, the LPA must have regard to the development plan and any other material considerations (TCPA 1990, s.70(2)). Material considerations include national planning policy, traffic, design, environmental impact, and community views.
Development Plan — The statutory development plan includes Local Plans and Neighbourhood Plans. Applications must be determined in accordance with the plan unless material considerations indicate otherwise (TCPA 1990, s.38(6)).
Environmental Impact Assessment — Certain developments require an EIA under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 before permission can be granted.
Enforcement — The LPA can take enforcement action against unauthorised development, including enforcement notices, stop notices, and injunctions. There is generally a 4-year time limit for breaches involving building works and a 10-year limit for changes of use.
Planning Appeals — Applicants can appeal to the Planning Inspectorate against refusal, non-determination, or conditions. Appeal methods include written representations, hearings, and public inquiries.
Listed Buildings and Conservation — The Planning (Listed Buildings and Conservation Areas) Act 1990 provides additional protections for buildings of special architectural or historic interest and conservation areas.
핵심 법령
Town and Country Planning Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
주요 판례
Tesco Stores v Secretary of State
[1995] 1 WLR 759
Pioneer Aggregates v Secretary of State
[1985] AC 132
일반적인 시나리오
Neighbour builds an extension without permission
Check whether the extension falls within permitted development rights. If not, report the breach to the LPA, which may serve an enforcement notice requiring demolition or modification. The 4-year rule means enforcement action must generally be taken within 4 years of the breach.
Planning application refused by the council
You can appeal to the Planning Inspectorate within 6 months (or 12 weeks for householder applications). The inspector will reconsider the application afresh, taking into account the development plan and material considerations.