Planning Law and Legislation

Introduction to Planning Law and Legislation

Known as being the backbone of the UK’s built and natural environment, planning law and legislation ensure that development is sustainable for future years, safe for people and wildlife, and respectful of our ecological heritage.

The acts of parliament, statutory instruments and government policies create a legal framework to govern how land can be used and developed, and it makes the planning system accountable and consistent.

Local planning authorities manage their corresponding areas based on the relevant laws and legislation. It is a balancing act for local authorities, as they need to encourage new projects, but only in a way that contributes to the area and doesn’t unnecessarily harm the natural environment.

As developers and planners are up against legal parameters and environmental mandates, a full understanding of both is needed to avoid breaking the law and generating avoidable delays, costs and penalties.

Effect of Laws and Legislation on Planning Permission

Laws and legislation act as the rulebook to follow for every development.

It dictates whether you need to apply for planning permission, which documents you need to submit, and the criteria for how your planning project will be judged.

Based on the details of the development, laws and legislation can restrict the plans. It can also change the design if specific mitigation measures are needed, especially in the case of protected species of animals and invasive species of plants on the site.

In a nutshell, planning laws and legislation have the ability to transform the planning process from a matter of opinion to an evidence-based procedure, and all boxes need to be ticked before you can move forward.

Recent Changes to Planning Laws

The legal landscape is far from static, particularly in the case of any laws and legislation surrounding development.

Changes occur frequently to reflect new environmental priorities, housing targets, economic shifts or tweaks to governmental priorities.

Any updates often happen to streamline the process or address emerging crises, such as a lack of available housing or an emphasis on climate change.

Most major changes are introduced via new Acts of Parliament that receive royal assent, followed by detailed regulations that tell us how to apply the new laws to real-world processes.

Current Planning Legislation

Active legislation is organised into distinct categories to cover every aspect of planning, from the bricks and mortar matters to the concerns surrounding wildlife.

The main laws set out the core powers of the state and the rights of the developer, whereas more specialised categories cover the safeguarding of the natural environment.

Each category serves a specific purpose, but each of them shares the same intention of explaining the professional standards, detailing how to remain compliant with them, and highlighting the risks and penalties of failing to comply.

Primary Laws

The Town and Country Planning Act 1990

At the centre of the English planning system, the Town and Country Planning Act 1990 defines what constitutes development and establishes the legal requirements around planning permission.

Most of the enforcement powers and the general structure of the planning appeals process come from the Act.

The Planning and Infrastructure Act 2025

Specifically designed to accelerate the delivery of nationally significant infrastructure projects, the Planning and Infrastructure Act 2025 focuses on reducing delays for major energy and transport schemes.

Through the act, a new nature restoration levy was introduced, reforming how legal challenges like the use of a judicial review are handled to keep projects moving forward.

The Environment Act 2021

A landmark law that shifted the focus towards nature-positive development, the Environment Act 2021 introduced mandatory requirements for biodiversity net gain (BNG) and created the Office for Environmental Protection (OEP).

The Act ensures that environmental concerns are legally integrated into the early stages of any land-use decisions.

Development Corporations

Acting as a driving force for delivering major housing and regeneration projects, development corporations are specialist organisations created by the government to bypass the usual delays of the planning system.

Since the Planning and Infrastructure Act 2025, they’ve gone from strength to strength, leading to faster decisions but also heightened restrictions.

Before then, they could only build new towns, but with the help of the Act, they can now lead large-scale urban extensions and manage multiple sites at once across an entire region.

Tree and Landscape Protections

Tree Preservation Orders (TPOs)

Designed to protect specific trees or woodlands, tree preservation orders (TPOs) are commonly used by local councils.

Any tree placed under a TPO is protected from being cut down, topped or lopped without written consent, with all such acts classed as a criminal offence.

Conservation Areas

Instead of a tree preservation order (TPO), local councils can use conservation areas to protect all trees within a designated zone.

Whenever development works are happening in a conservation area, the local council must be given six weeks’ notice.

The Hedgerow Regulations 1997

Under the Hedgerow Regulations 1997, important countryside hedgerows are given special protection.

For most of the hedges on agricultural land, the local authority must first be notified before any are removed.

From there, the hedge will be checked to see if it is defended under any specific ecological or historic criteria.

Felling Licences

Administered by the Forestry Commission, felling licences are needed if you intend to cut down more than a set volume of timber (usually five cubic metres) in a calendar quarter.

Cutting down trees in a way that contradicts the laws can lead to unlimited fines and a legal requirement to replant.

Ecology and Wildlife Legislation

The Conservation of Habitats and Species Regulations 2017

Including bats, great crested newts and otters, all European Protected Species are listed within the Conservation of Habitats and Species Regulations 2017.

High-level protection is granted to all listed protected species, and if your development could disturb any of them, a mitigation licence could be needed from Natural England beforehand.

The Wildlife and Countryside Act 1981

An important consideration for any developer or planner, the Wildlife and Countryside Act 1981 is the primary mechanism for wildlife protection in Britain.

As a result of the Act, it is a criminal offence to intentionally kill, injure or take any protected animal, intentionally take, damage or destroy any habitats, or plant or otherwise grow in the wild any invasive non-native species.

Seasonality Constraints

Although it doesn’t apply to a single act of legislation, seasonality constraints dictate that certain surveys must happen at specific times.

Missing the right window on the ecology survey calendar can significantly delay a planning project. The law doesn’t allow for surveys to be conducted outside of the corresponding survey season, and there aren’t any shortcuts in data collection.

Professional Standards and Guidance

BS 5837:2012

The British Standard for surveying trees in relation to design, demolition and construction, the BS5837 tree survey is the most common arboricultural assessment to support planning.

As an industry standard, BS5837 is the standard methodology for arboricultural consultants, and it ensures that buildings and trees can coexist safely.

National Planning Policy Framework (NPPF)

All of the government’s planning policies for England are set out in the National Planning Policy Framework (NPPF).

Although it isn’t technically a part of legislation, the law requires that the NPPF be taken into account whenever local councils make decisions.

National Decision-Making Policies (NDMPs)

A uniform set of rules for common planning issues across the country is listed in the National Decision-Making Policies (NDMPs).

More than anything, the NDMPs are designed to cut through red tape by ensuring that developers don’t have to navigate vastly different rules from one local council to another.

Enforcement and Risk

The 10-Year Rule

Under recent updates, a general 10-year limit exists for the local council to take enforcement action against any unauthorised development or change of use projects.

In the past, different time limits would apply to different breaches.

Enforcement Notices

If you build without planning permission, the local council can issue an enforcement notice, requiring you to remedy the breach.

It often means restoring the land to its original state, but you can challenge via a judicial review if there is a legal error in the local council’s decision.

Section 106 Agreements

Acting as legal deeds tied to a planning permission, Section 106 Agreements are binding between developers and the local council.

Whenever an agreement is needed, the developer must provide or fund infrastructure to offset the impact of the development on the local community.

Modern Planning Requirements

Biodiversity Net Gain (BNG)

A fundamental change to planning, biodiversity net gain (BNG) insists on applicable developments demonstrating a 10% increase in biodiversity value after the development compared to the site’s original state.

It is a mandatory legal requirement under the Environment Act 2021, and after a two-year transition period, BNG has made a significant shift in how developers and planners are held accountable.

Environmental Delivery Plans (EDPs)

The detailed management of environmental risks and enhancements on development sites is covered by Environmental Delivery Plans (EDPs).

Unlike building regulations, EDPs focus on the site’s ongoing ecological health rather than the structure’s safety.

Nature Restoration Levy

In certain areas, planners and developers may need to pay a Nature Restoration Levy as a way of funding nearby large-scale nature recovery projects.

By paying the levy, it is possible to bridge the gap if BNG cannot be achieved on the site.

Specialist Planning Law Advice from Arbtech

Between being aware of the laws and legislation around planning, acknowledging which apply to you and factoring them into your development, it can feel like a minefield.

You might be dealing with permitted development rights or working with complex ecology licences – your planning requirements could include any number of different variables and moving parts.

With Arbtech, we can identify the laws that affect your plans, undertake the specialist surveys and provide the expert advice you need, and create common ground between complex legislation and the success of your project.

Reach Out to Planning Law Experts

If you want any level of support with navigating planning laws and legislation, we can guide you with what to do next. Once we know your circumstances, our teams of arboriculturists and ecologists can go on to cover any and all issues preventing you from moving forward with your development.

As a starting point, we would recommend that you reach out to us and give us as much information about your site and project as you can. You can do this via email, over the phone, by filling out a quote form on our website, or through our other communication options on our contact page.