Parliament makes laws and sets out
the legal framework for the planning system in England and Wales.
The primary legislation for the planning system is
the Planning and Compulsory Purchase Act 2004 and
the Town and Country Planning Act 1990, accompanied by other
legislation such as the Town and Country
Planning (General Permitted Development) Order 1995, the Use
Classes Order 1987 and a range of Statutory Instruments.
However, while Parliament makes the law, the courts have to
interpret the legislation. Courts may be required to make
judgements on planning matters and case law has resulted. Planning
Officers have to take into account both the primary legislation and
case law when deciding planning applications and preparing Local
Plans.
The Government administers the planning system. They:
- issue guidance to local councils via national and regional
planning guidance
- set planning policy via circulars and Planning Policy Guidance
Notes / Planning Policy Statements
- make decisions on planning appeals and major planning
applications via the Planning Inspectorate.
Different tiers of local government are involved in planning:
county councils, district councils and, in some urban areas,
unitary authorities only.