# Planning law overview (England)

> **Key takeaway:** Permission for development (TCPA s.57) unless PD rights. Decide per development plan + material considerations (s.38(6)). NPPF policy weight. Appeals vs short-deadline JR. Enforcement tools for breaches. Check Wales differences.

- **Jurisdiction:** England & Wales
- **Practice area:** Public Law
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/PublicLaw/planning-law-overview
- **Keywords:** planning permission, TCPA 1990, NPPF, development plan, section 38(6), enforcement notice, planning appeal, material considerations

## What is this about?

Planning control in England requires planning permission for development under the Town and Country Planning Act 1990, guided by the National Planning Policy Framework and development plans. Enforcement, appeals, and judicial review of planning decisions are core practice areas. Wales has a related but distinct system.

## What is the core rule?

Development (building, engineering, mining, or material change of use) generally requires planning permission (TCPA 1990 s.57) unless permitted development rights apply. Applications are determined in accordance with the development plan unless material considerations indicate otherwise (s.38(6) PCPA 2004). Appeals lie to the Secretary of State/inspectors; legality is supervised by judicial review/statutory challenge on public-law grounds within short time limits. Enforcement notices and stop notices address breaches.

## What are the elements or test?

1. Is there 'development'?
2. Permission needed or permitted development?
3. Development plan policy and NPPF material considerations?
4. Conditions and s.106 obligations lawful?
5. Appeal or JR/statutory challenge route and deadline?

## Which authorities matter?

- **Town and Country Planning Act 1990 (as amended)** — Primary planning control and enforcement statute for England (and to a large extent Wales subject to devolved reforms).
- **Planning and Compulsory Purchase Act 2004, s.38(6)** — Development plan primacy unless material considerations indicate otherwise.
- **National Planning Policy Framework (current version)** — Key national policy material consideration — update-sensitive.
- **Associated Provincial Picture Houses v Wednesbury [1948] 1 KB 223 (via planning JR)** — Irrationality standard often arising in planning challenges alongside other JR grounds.

## How does this apply in practice?

Time limits for statutory planning challenges are very short. Environmental impact assessment and habitats rules add layers for major schemes. Local plans and neighbourhood plans change outcomes. Not a full CPO manual.

## What are common pitfalls?

- Missing challenge deadlines
- Treating NPPF as statute rather than policy
- Ignoring permitted development conditions/limitations
- Enforcement immunity assumptions without checking time limits carefully

## When would a practitioner use this?

Development advice; objector JR; enforcement defence.

## Quick reference

Permission for development (TCPA s.57) unless PD rights. Decide per development plan + material considerations (s.38(6)). NPPF policy weight. Appeals vs short-deadline JR. Enforcement tools for breaches. Check Wales differences.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*