Proposals for land use

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 Town and Country Planning Act 1990 accompanied by other legislation such as the 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 as a result 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 can:

• issue guidance to local councils via national and regional planning guidance
• set planning policy via Circulars, and Planning Policy Guidance Notes
• 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.