Planning precedent

In the context of the UK planning system, the term ‘planning precedent’ refers to a past decision or a previous development proposal that has been approved by a planning authority. These decisions serve as examples or references that can influence future planning decisions.

Planning precedents establish a principle that can guide the decisions of planning authorities when evaluating new development proposals. If a similar proposal has been approved in the past, it can set a precedent that may make it more likely for similar proposals to be approved in the future, provided that the relevant circumstances and current planning polices and other considerations align.

However, it's important to note that planning precedents are not binding; they are simply cases that planning authorities may take into consideration when making decisions on new development applications. They can help provide consistency and predictability in the planning process by ensuring that similar cases are treated in a similar manner, promoting fairness and transparency.

The history of planning precedents in the UK is closely tied to the evolution of the planning system.

In the late 19th and early 20th centuries the need for organised land use and development control became apparent as urbanisation and industrialisation accelerated. Local authorities began to implement zoning and land use regulations. While the concept of planning precedents existed informally, there was no structured system for recording and referencing them.

After World War II, the UK faced significant challenges in terms of housing shortages and urban decay. The planning system played a crucial role in the post-war reconstruction efforts and the creation of new towns and the redevelopment of urban areas led to a growing body of planning precedents.

The 1947 Town and Country Planning Act marked the beginning of modern planning in the UK. The Act established the foundation for the planning system that still largely exists today. It introduced the concept of development plans, which were comprehensive documents that outlined land use policies and development guidelines for specific areas. Development plans became a central feature of the UK's planning system. These plans, created by local planning authorities, provided a framework for land use and development decisions. They often referenced past decisions and precedents to provide context and consistency.

As the planning system developed, the combination of legislation and case law helped shape the UK's planning landscape. The 1990 Town and Country Planning Act further emphasised the importance of planning precedents in decision-making. The 2012 National Planning Policy Framework (NPPF) emphasised the importance of consistency and transparency in decision-making and encouraged planning authorities to consider relevant planning precedents.

The UK's planning system continues to evolve, reflecting changing societal needs and priorities. The role of planning precedents remains crucial in providing guidance to planning authorities and ensuring a degree of predictability in the decision-making process. With the advent of digital technology, it has become easier to document and share planning precedents. Online databases, records, and case law repositories make precedents more accessible.

A key example of a case in the UK where planning precedent played a significant role was Newbury District Council v. Secretary of State for the Environment, often referred to as the "Newbury Bypass Case."

In the 1990s, the Newbury Bypass was proposed as part of the A34 road improvement scheme in southern England. The proposed bypass aimed to alleviate traffic congestion in the town of Newbury. However, the proposed route also cut through ecologically sensitive areas, including ancient woodlands and protected habitats, raising substantial environmental concerns.

A key aspect of the Newbury Bypass case was the consideration of Richmond upon Thames London Borough Council v. Secretary of State for the Environment, ex parte Hindmarsh (1987). In this earlier case, it was established that in certain circumstances, environmental factors could be given greater weight in planning decisions, even if the proposed development had economic or social benefits.

The Newbury Bypass case went through a series of legal challenges and inquiries. The planning inspector recommended that the bypass should be built, citing the economic benefits it would bring. However, the Secretary of State ultimately rejected the planning application, citing the significant environmental harm that would result from the proposed development.

[edit] Related articles on Designing Buildings

• National Planning Policy Framework.
• National Planning Practice Guidance.
• Planning appeal.
• Planning authority.
• Planning conditions.
• Planning enforcement.
• Planning legislation.
• Planning objection.
• Planning obligations.
• Planning permission.
• Pre-application advice.
• Town and Country Planning Act.