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The role of the local council

Within the framework of legislation approved by Parliament, councils should try to ensure that development is allowed where it is needed, while ensuring that the character and amenity of the area are not adversely affected by new buildings or changes in the use of existing buildings or land.

The present position is that major works need planning permission from the council but many minor works do not. Councils can use planning controls to protect the character and amenity of their area, while individuals have a reasonable degree of freedom to alter their property.

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Development control

Most people only come into contact with the planning system when decisions have to be taken about whether something can be built in their area.

The majority of new buildings or major changes to existing buildings or to the local environment need consent - known as planning permission.

Each application for planning permission is made to the local planning authority for the area.

The application must include enough detail for the authority to see what effect the development could have on the area.

If the planning application is in line with the approved plan for the area, the applicant can usually expect to receive planning permission within eight weeks for householders. Approval for larger commercial developments often takes longer.

Permitted development

In some situations minor building work does not need planning permission, but you should always seek advice from your Local Planning Authority before you start work.

This is because the effect of these developments on neighbours or the environment is likely to be small, and the government has issued a general planning permission to authorise them. This is known as permitted development.

Some areas have special protection against certain developments because they contain attractive landscape (like national parks) or interesting plants and wildlife, or because there's a need to control the spread of towns and villages into open countryside (like the green belt).

Some smaller areas of land also contain ancient monuments that must not be damaged. Some buildings are specially protected or listed because of their architectural or historic interest.

Finding out whether you need planning permission

The government has given the main responsibility for managing development in England and Wales to local planning authorities - a department of your local council. Local authorities follow national guidelines on managing development in their area, although specific rules and conditions apply locally.

If you live within the boundaries of a National Park, the National Park authority determines whether a development should go-ahead. In addition, the county council is responsible for matters relating to waste and minerals planning functions in non-unitary, and non-national park, local authority areas.

In some cases, usually involving large industrial or commercial developments or developments of a controversial nature, the application is 'called in' by the Secretary of State for planning.

The government's Planning Portal website contains guidance on the development control process and can help you determine whether you need planning permission and, if so, how to apply for it.

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