Town and Country Planning Act 1990
What is the Town and Country Planning Act 1990?
The Town and Country Planning Act 1990 (TCPA 1990) is the primary piece of UK legislation that outlines how land is used and development in England and Wales.
It set up the modern system where, instead of development being an automatic right of a landowner, it’s managed and permitted by the state.
With the TCPA, the government has the power to oversee every brick laid and every forest cleared to ensure that the natural environment remains balanced and sustainable.
Why Was the Town and Country Planning Act 1990 Created?
Before the Town and Country Planning Act 1990, the planning system was effectively a patchwork of older laws that struggled to keep up with modern growth.
Under a consolidated legal framework, the TCPA could handle the complexities of urban sprawl and environmental protection.
More than anything, the goal of bringing it in was to prevent unregulated building projects and ensure that growth happens in a way that benefits the community, the economy and the natural world all at the same time.
How Impactful is the Town and Country Planning Act 1990?
Not only is the Town and Country Planning Act important, but it’s arguably the most influential part of planning law in the UK.
From a homeowner building a small extension to a commercial developer constructing a massive housing estate, it impacts everything. As it regulates any time there’s a material change of use, it controls how buildings are repurposed.
Without the input of the Act, there would be no legal mechanism in place to, for example, prevent inappropriate industrial development in the heart of a quiet residential area or a sensitive ecological site.
Certain Schedules Within the 1990 Town and Country Planning Act
Between arranging how local planning authorities handle planning applications and managing hazardous substances and waste disposal, various schedules are in the Act to deal with numerous issues.
As with all acts of law, the schedules are essentially the fine print of the legislation to guarantee that niche technical areas are covered just as much as general construction matters.
Section 55 – Town and Country Planning Act
The gateway to the entire act, Section 55 defines development as being the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
If your planning project fits within this description, you are legally triggered into the planning system and will almost certainly require formal planning permission before you can start work.
Section 59 – Town and Country Planning Act
While Section 55 explains what a development is, Section 59 allows the Secretary of State to grant automatic permission for certain types of work through development orders.
Of all the development orders, the most notable is the general permitted development order (GPDO), which allows for minor works to proceed without a full planning application, such as small extensions or certain changes of use.
Local authorities can, however, remove these rights using Article 4 Directions, meaning that you must always verify your position before starting.
Section 70 – Town and Country Planning Act
At the core of the decision-making process, Section 70 mandates that when the relevant local planning authority considers a planning application, it needs to consider the development plans for the area alongside any other material considerations.
In modern planning, environmental impacts – the presence of protected species or the loss of trees, for example – are vital material considerations that can lead to planning refusal if not addressed by ecological surveys.
Section 78 – Town and Country Planning Act
If a planning application is refused or if the local council fails to make a decision within the statutory timeframe, Section 78 gives the planning application the right to appeal to the Secretary of State.
The right to appeal is a vital safety net in the planning system, allowing an independent planning inspector to review the case.
Due to appeals being time-consuming and expensive, providing the local authority with the data retrieved from an ecology survey will prevent issues further down the line.
Section 106 – Town and Country Planning Act
A type of legal deed between a developer and a local council, Section 106 agreements are used to make a development proposal acceptable in a case where it otherwise wouldn’t have been.
For example, a developer could agree to fund a new local park or provide a financial contribution toward off-site biodiversity improvements to ensure that the project serves the public interest.
As such, it shares similarities with the way that offsetting works for delivering biodiversity net gain (BNG) off-site.
Section 191 & 192 – Town and Country Planning Act
Both sections cater to different types of land use in relation to whether or not planning permission is needed, with Section 191 covering an existing use of land and Section 192 covering a proposed use of land.
Certificates of lawfulness are often needed to prove that a building has been used in a certain way for so many years that the local council can no longer take enforcement action.
Section 197 & 211 – Town and Country Planning Act
Each of Section 197 and 211 of the Act focus specifically on trees.
Section 197 insists on the specific duty of local councils to ensure that planning permissions include adequate provisions for the preservation or planting of trees, setting the basis for tree preservation orders (TPOs).
Section 211 forces anyone intending to work on a tree in a conservation area to give the local council six weeks’ notice, ensuring that the local character and canopy cover are protected.
Who Pushes the Town and Country Planning Act 1990?
The Act is primarily administered and enforced by the many local planning authorities across the country.
Although the central government sets the national planning regulations and policies, it is the local council that interprets the rules on the ground.
The local council employs planning officers who review ecology surveys and reports to ensure that the planning proposal meets local needs and environmental standards.
Town and Country Planning Act Penalties
Choosing to completely ignore the Act can end up being a costly mistake.
If you go ahead and build without planning permission or breach a planning condition, you could be served an enforcement notice requiring you to undo the work at your own expense.
Failing to comply with an enforcement notice is a criminal offence that can lead to unlimited fines. Additionally, carrying out unauthorised work on a tree protected by a TPO is a direct criminal offence that often results in significant financial penalties.
Connection Between the Town and Country Planning Act and Development
For development to work, it needs to be sustainable and integrated.
The Town and Country Planning Act 1990 ensures that every planning project contributes to ‘the big picture’, exactly as outlined in local plans.
With a link between planning and the environment, new housing can be built without overwhelming local services, and industrial sites can be created without affecting sensitive ecological zones.
It is down to you as a developer or planner to walk the balance between the need for new developments and the need to protect our natural heritage.
Why the Town and Country Planning Act Calls for Ecology Surveys
Sadly, nature doesn’t have a voice in the planning process. It can, however, using the Town and Country Planning Act.
Based on the Act, the natural environment can be protected through the use of the material consideration rule. As development usually involves clearing land, local councils need developers and planners to prove that they aren’t destroying vital habitats needlessly.
With the help of ecology surveys, it is possible to display the evidence needed to show that a planning project is sustainable and won’t wipe out local wildlife.
On top of that, efforts to show more consideration to the environment have been boosted by the BNG requirements under Schedule 7A.
Direction with Choosing the Right Survey
Working your way through various legislation can be daunting, especially as planning decisions are rarely based on a single factor alone.
While the Act is a central part of the planning system, it often interacts with other legislation. For example, if you are renovating a protected heritage asset, you will likely need listed building consent alongside your standard planning application. Under certain circumstances, the local council may also ask for specific impact assessments if your planning project affects land designated for public purposes, such as parks or community spaces.
The Act also contains similar provisions to other environmental laws, where failing to provide the correct data can lead to indefinite delays or costly enforcement action.
Our team specialises in removing the guesswork from your development and helping you to identify exactly which ecology or arboricultural surveys your local planning authority is expecting.
If you need a general ecological survey to identify constraints on your site, specific protected species surveys or invasive species surveys or advice on working with the Town and Country Planning Act 1990, Arbtech can help.
Reach out for expert insight or a free quote for surveys and reports on your site by calling, emailing or filling out a quote form on our website.
