• Definition: A legal process where a judge reviews the lawfulness of a decision or action taken by a public body.

• Grounds: Can only challenge the process of the decision-making, not the merits of the decision itself. Grounds might include procedural errors, unreasonableness, or illegality.

• Time Limit: Must be filed promptly, usually within six weeks of the decision.

If pursuing a judicial review, gather evidence of procedural errors, unreasonableness, or illegality in the decision-making process. File the application for judicial review promptly within the six-week time limit.

• Definition: If there are concerns about maladministration or procedural faults in how the planning decision was made, a complaint can be lodged with the Local Government Ombudsman.

• Outcome: The Ombudsman can recommend remedies if maladministration is found, but cannot overturn the planning decision.

• Definition: In certain circumstances, particularly controversial or significant planning applications can be called in for review by the Secretary of State.

• Process: Requires lobbying the local Member of Parliament (MP) or directly contacting the Secretary of State to request that the application be called in for a public inquiry.

• Outcome: The decision is reviewed and potentially overturned if found to be significantly flawed or of national importance.

Engage with local MPs and community groups to lobby the Secretary of State to call in the application for review. Provide a strong case highlighting the national or significant local importance of the issue.

• Definition: If a planning permission includes conditions, third parties can monitor compliance and raise concerns if conditions are not met.

• Process: Report non-compliance to the LPA, which has enforcement powers to ensure conditions are adhered to.

• Refusal of Planning Permission: The LPA has refused the application.

• Imposition of Conditions: The applicant disagrees with conditions imposed by the LPA.

• Non-Determination: The LPA has not made a decision within the statutory time frame (8 weeks for minor applications, 13 weeks for major applications).

• Time Limits: Appeals must be submitted within a specific time frame from the date of the LPA’s decision or the expiration of the decision period.

• Refusal/Conditions: Usually within 6 months of the decision.

• Non-Determination: Within 6 months of the decision period expiration.

• Appeal Form: Complete and submit the appeal form to the Planning Inspectorate.

• Supporting Documents: Include all relevant documents, such as the original planning application, decision notice (if applicable), site plans, and any additional evidence or statements.

• Written Representations: The most common and straightforward method. Both the appellant and the LPA submit written statements, and an inspector visits the site.

• Hearing: An informal discussion led by an inspector, involving the appellant, LPA, and any interested parties. It is less formal than a public inquiry but allows for verbal representations.

• Public Inquiry: A formal procedure resembling a court hearing, where evidence is presented, witnesses are cross-examined, and legal representatives may be involved. It is used for more complex or controversial cases.

• Initial Check: The Planning Inspectorate checks if the appeal form is complete and valid.

• Acknowledgment: The appellant receives an acknowledgment letter, and the appeal details are published online.

• Appellant’s Statement: The appellant submits a detailed statement explaining why the appeal should be allowed.

• LPA’s Statement: The LPA submits a statement defending its decision.

• Interested Parties: Neighbours, community groups, and other stakeholders can submit their comments or representations.

• Inspector’s Visit: An inspector visits the site to understand the context and assess the physical characteristics of the site and its surroundings.

• Unaccompanied or Accompanied: The visit can be unaccompanied or accompanied by the appellant and LPA representatives.

• Review of Evidence: The inspector reviews all submitted documents, representations, and findings from the site visit.

• Decision: The inspector makes a decision to allow or dismiss the appeal based on planning merits and relevant policies.

• Decision Notice: A formal decision notice is issued, providing reasons for the decision.

• Implementation: If the appeal is allowed, the planning permission is granted, subject to any conditions specified by the inspector.

• Further Appeals: If the appeal is dismissed, the appellant can challenge the decision in the High Court on a point of law.

• Purpose: Establishes the principle of development, determining whether the proposed development is acceptable in terms of use and scale.

• Details: Only basic details are submitted, such as the type of development and general scale.

• Decision: Grants permission in principle, with conditions that detailed proposals must be submitted later.

• Purpose: Provides the specific details of the development, ensuring all aspects comply with planning policies and the conditions set out in the outline permission.

• Details: Comprehensive details on appearance, access, layout, scale, and landscaping are submitted.

• Decision: Approves or refuses the detailed proposals, ensuring they meet the criteria set out in the outline permission.

Developers often engage in discussions with the LPA to understand requirements and expectations for the Reserved Matters submission.

Application Form: Completion of a form specifying which Reserved Matters are being submitted.

Detailed Plans and Drawings: Submission of comprehensive plans and drawings covering the Reserved Matters.

Supporting Documents: Inclusion of any necessary reports or statements, such as design and access statements, landscaping plans, and environmental assessments.

Validation: The LPA checks that all required documents and information have been submitted.

Registration: The application is registered, and the process formally begins.

Notification: Neighbours, statutory consultees, and the public are notified and invited to comment.

Consultation Period: Typically lasts for 21 days, during which feedback can be provided.

Assessment: The LPA assesses the application against local and national planning policies and any conditions set out in the outline permission.

Recommendation and Decision: The planning officer prepares a report with a recommendation, and the decision is made either by delegated authority or the planning committee.

• If approved, the Reserved Matters application may include specific conditions that must be adhered to during development.

• This includes the visual aspects of the development, such as design, materials, and architectural details.

• This refers to how vehicles, pedestrians, and cyclists will access the development site. It includes the layout of roads, paths, and any other access points.

• This involves the arrangement of buildings, routes, and open spaces within the development. It defines the positioning and organization of all elements on the site.

• This relates to the size of the buildings, including their height, width, and length. It ensures that the development is in proportion with its surroundings.

• This covers the treatment of private and public spaces to enhance the appearance and functionality of the development. It includes planting, boundary treatments, and surface materials.

• Engagement: Similar to the outline process, developers engage with the LPA and community.

• Advice: The LPA provides detailed advice on the proposal and any specific requirements.

• Application Form: Completed with comprehensive details of the proposed development.

• Location Plan: Showing the site and its surrounding area.

• Site Layout Plan: Detailed plan showing the proposed layout of buildings, roads, and other features.

• Detailed Design Plans: Elevations, floor plans, and sections of proposed buildings.

• Supporting Documents: Planning statements, design and access statements, transport assessments, EIAs, and other necessary reports.

• Fee: Payment of the relevant application fee.

• Validation: The LPA checks that all required documents and fees have been submitted.

• Registration: The application is entered into the planning register and a case officer is assigned.

• Notification: Neighbours, statutory consultees, and the public are notified and invited to comment.

• Consultation Period: Typically lasts for 21 days.

• Assessment: The LPA assesses the application against local and national planning policies, considering all detailed aspects.

• Recommendation: The case officer prepares a detailed report with a recommendation for approval or refusal.

• Delegated Authority or Planning Committee: The decision is made by the LPA’s planning committee or under delegated authority by planning officers.

• Full Planning Permission: If granted, allows development to proceed with all details approved. Conditions may still be attached.

• Engagement: Developers often engage with the local planning authority (LPA) and community to discuss the proposed development.

• Advice: The LPA provides advice on the likelihood of obtaining planning permission and any specific requirements.

• Application Form: Completed with basic details of the proposed development.

• Location Plan: Showing the site and its surrounding area.

• Indicative Layout: A basic plan indicating how the site could be developed.

• Supporting Documents: May include planning statements, transport assessments, and environmental impact assessments (EIA) if required.

• Fee: Payment of the relevant application fee.

• Validation: The LPA checks that all required documents and fees have been submitted.

• Registration: The application is entered into the planning register and a case officer is assigned.

• Notification: Neighbours, statutory consultees, and the public are notified and invited to comment.

• Consultation Period: Typically lasts for 21 days.

• Assessment: The LPA assesses the application against local and national planning policies.

• Recommendation: The case officer prepares a report with a recommendation for approval or refusal.

• Delegated Authority or Planning Committee: The decision is made by the LPA’s planning committee or under delegated authority by planning officers.

• Outline Planning Permission: If granted, sets out the basic principles of the development. Conditions may be attached requiring submission of further details (reserved matters).

• Assess how effectively the local planning policies are being implemented.

• Identify any areas where policies are not being followed or need adjustment.

• Track the delivery of new homes within the local authority area.

• Compare housing delivery against targets set in the local development plan and the National Planning Policy Framework (NPPF).

• Evaluate the availability and deliverability of housing land supply.

• Ensure a sufficient five-year housing land supply is maintained.

• Report on the progress of major development projects.

• Monitor the implementation of infrastructure and other critical projects that support development.

• Track the progress of documents included in the Local Development Scheme.

• Ensure that the timetable for preparing local development documents is adhered to.

• Monitor the impact of development on the environment.

• Ensure sustainable development practices are being followed.

• Detailed statistics on housing completions, permissions, and housing land availability.

• Employment land data and progress on commercial developments.

• Information on the progress of infrastructure projects, including transportation, education, and healthcare facilities.

• Data on environmental indicators such as air quality, biodiversity, and green space provision.

• Reports on public consultations and stakeholder engagement activities.

• Analysis of the effectiveness of current policies.

• Recommendations for policy updates or new policy development.

The HDT aims to ensure that local authorities are meeting their housing needs and contributing to the overall national housing targets. It encourages local authorities to take a proactive approach to housing delivery and address any barriers to development.

• The HDT is calculated as a percentage by dividing the total net homes delivered over the past three years by the total homes required over the same period.

• The housing requirement figures are based on the housing targets set out in the local development plan or, if these are not up-to-date, the government’s standard method for calculating housing need.

• 95% and Above: If the HDT result is 95% or above, the local authority is considered to be performing well in delivering the required housing.

• 85% to 94%: If the result is between 85% and 94%, the local authority must prepare an action plan to identify and address the causes of under-delivery.

• 75% to 84%: If the result is between 75% and 84%, the local authority must prepare an action plan and provide a 20% buffer on its five-year land supply to ensure more housing sites are available.

• Below 75%: If the result is below 75%, the presumption in favour of sustainable development applies, meaning that planning applications should be granted unless the adverse impacts significantly and demonstrably outweigh the benefits, as assessed against the NPPF as a whole.

• The HDT holds local authorities accountable for delivering housing and encourages them to take corrective actions if they are underperforming.

• It provides a clear and measurable way to assess housing delivery performance.

• The test aims to boost housing supply and ensure local authorities are proactive in meeting their housing targets.

• When local authorities fail to meet the HDT thresholds, it can lead to a more favourable environment for developers, as the presumption in favour of sustainable development makes it harder for local authorities to refuse planning applications.

• Local authorities are encouraged to identify and overcome obstacles to housing delivery, such as issues with land availability, planning permissions, and infrastructure constraints.