Planning Legislation

Parliament makes laws and sets out the legal framework for the planning system in England and Wales.  The primary legislation for the planning system is the Town And Country Planning Act 1990 (as amended), accompanied by other legislation such as the General Permitted Development Order 1995, the Use Classes Order 1987 and a range of statutory instruments.  The 1990 Act is being superseded by the Planning and Compulsory Purchase Act 2004. 

However while Parliament makes the law, the Courts have to interpret the legislation.  Courts may be required to make judgements on planning matters and as a result, case law has resulted.  Planning officers have to take into account both the primary legislation and case law when deciding planning applications and preparing Local Plans. 

The Government administers the planning system.  They can:

• Issue guidance to local councils via national and regional planning guidance;
• Set planning policy via Circulars or Planning Policy Statements;
• Make decisions on planning appeals and major planning applications via the Planning Inspectorate.

Different tiers of Local Government are involved in planning.  The Royal Borough of Windsor and Maidenhead is a Unitary Authority but the Joint Strategic Planning Unit for Berkshire is responsible for strategic planning and for producing a Structure Plan covering the area of the 6 Berkshire Unitary Authorities.