The English planning system

• Forward planning consists of planning policies produced by central, regional and local government to guide future development.
• Development control over individual planning proposals is managed by local planning authorities, which must make their decisions within the framework set out by national, regional and local planning policies.

Permitted development covers certain classes of development which do not require a planning application under development control.

Development control over minerals, waste and transport may be carried out by a different planning authority from other types of development, or may be by the same body in the case of unitary authorities.

“Development” covers building work, and changes of use of buildings and land.

National planning policy

The Office of the Deputy Prime Minister (ODPM) issues planning policy to guide regional and local authorities in preparing their plans. National planning policy comes in two forms, Planning policy statements (PPS) - previously known as Planning Policy Guidance (PPG) - and Mineral planning guidance (MPG – for more details see Minerals applications).

References to woodland are made in:

• PPG2 (Green belts)
• PPS7 (Countryside)
• PPG15 (Planning and the historic environment)
• PPG17 (Sport and recreation)
• PPS22 (Renewable energy)
• The outdated Circular 36/78 Trees and Forestry.

PPS9 on Biodiversity and geological conservation contains specific protection for ancient woods and veteran trees throughout the planning system (see paragraph 10)

Regional spatial strategies

Regional spatial strategies (RSS) set out how much development there should be in a region and where it should be. They should also deal with broader issues such as transport, energy, agriculture, housing and waste. Several RSSs state clearly that ancient woodland should be protected (eg South East RSS).

Local development frameworks

The new planning system means that local authorities have to produce a local development framework (LDF) replacing existing development plans by 2007. The LDF sets out policy on land use in a district, it identifies where it should go, where it should be discouraged and should also provide environmental protection of important resources such as ancient woodland.

LDFs include several elements:

• Local development scheme - lists what the LDF consists of and a timetable for the process
• Local development documents:
  • A development plan including a "core strategy", a proposals map, area action plans focussed on specific areas, development control policies and site allocation policies
  • Supplementary planning documents which demonstrate using case studies and illustrations how policies should be applied.
• Sustainability and strategic environmental appraisals - these assess how sustainable each document is. SEAs require alternative options to be considered and assessed.

The new planning system means that counties no longer have responsibilities for land use planning (however, they do maintain responsibility for minerals, waste and transport planning). This means LDFs are prepared by unitary authorities (of which there are 46 in England), metropolitan boroughs (36), London boroughs (33) and the 238 district and borough councils.

What you can do

If you want to influence LDFs and RSSs the earlier you can become involved in the process the better.

Check the plan

If you are concerned about a specific proposal concerning a wood or tree, you need to check what stage the LDF process is at.

You need to check the details of the development proposal set out in the development documents. You should also check what protection woods and trees have in the policies. For instance, around a quarter of local councils currently have strong policies protecting ancient woods and another quarter have polices that provide them with some protection.

If the development has been approved in an earlier plan and the land is designated for that use then you need to engage with the development control system, which involves objecting to specific planning applications (see Planning permission).

Get involved early

You should keep an eye on the development of the LDF in your local area anyway to ensure that woods and trees are given the best protection in the future.

You can get on the consultation list by persuading the local authority that you are a "relevant" individual or group by responding to the Statement of Community Involvement (SCI) which the council will consult on for a minimum of six weeks. You can submit a written response to the SCI asking to be included on the consultation list.

Local authorities will follow a process for consulting on the rest of the LDF giving you three main opportunities to comment on their plans:

• They will produce an "issues paper" highlighting some key questions that the council are considering. Respond to these and even if the paper fails to ask a question relevant to your concerns submit your comments anyway - this is a good early stage to be involved in framing the plan.
• There will then be a six week consultation on the Preferred options including an initial sustainability appraisal.
• They then submit a formal draft for six weeks of consultation including a full sustainability appraisal. There can then follow a series of further consultations if substantive changes are made to the documents, and it is likely to be followed by a public hearing. Everyone who made initial representations should be informed of this.

For supplementary planning guidance the consultation process is less proscribed, but it should involve a period of consultation which gives you the opportunity to comment.

Find out more

• Your local council’s website, planning policy office or local library should be able to provide you with details of the local plan.
   
• To view all planning policy documents including PPSs, MPGs and RSSs click here.
   
• CPRE have an excellent guide to the planning process in England on their Planning Help website.

• The Scottish planning system
   
• The Welsh planning system
  (Y Drefn Gynllunio yng Nghymru)
   
• The planning system in Northern Ireland
   
• Planning permission
   
• Permitted development in Britain
   
• Planning appeals and public inquiries
   
• Minerals applications
   
• British Standard 5837 – trees and development
   
• The local government ombudsmen

Disclaimer. This information is based on the experiences of the Woodland Trust and Ancient Tree Forum in dealing with cases of woods and trees under threat. While its content is intended to broaden understanding of the process, the Woodland Trust and Ancient Tree Forum do not accept liability for any errors or omissions or for any loss arising from use of the information contained herein by other parties. In any circumstances outside the knowledge and competence of an individual, he or she should always seek advice from an appropriate qualified professional such as a surveyor or solicitor depending on the case. None of the information on this web-page is to be relied upon as a statement of fact.