Planning Policy

The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied locally. The NPPF must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions. The NPPF introduced a presumption in favour of ‘sustainable development’ within the English planning system, which encourages local planning authorities to plan positively for new development, and work towards the approval of individual planning applications where appropriate.

National and local planning policy is governed by the Town and Country Planning Act 1990  and the Planning (Listed Buildings and Conservation) Areas Act 1990.

In 2021, a public consultation was launched for the partial revision of the NPPF; the new draft would implement changes to policy to encourage “beautiful” development, following on from the Building Better Building Beautiful Commission’s report, ‘Living with Beauty’.

The Town and Country Planning Act 1990 is statutory planning legislation that sets out the powers of local planning authorities and planning restrictions on development and demolition, as well as the process of enforcement action against unauthorised work. This Act is applicable to all forms of planning, but is supplemented by the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to more specific heritage legislation.

It is now supplemented by the Planning and Compulsory Purchase Act 2004, which sets out the process of Compulsory Purchase Orders as well as introducing Local Planning Frameworks.

The Planning (Listed Buildings and Conservation Areas) Act 1990 alters the laws on the granting of planning permission in relation to historic buildings on the National Heritage List for England.

The Act determines that “no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.” 

Similarly, local authorities are granted the power to assess and designate areas of “special architectural and historic interest” as conservation areas; additional responsibilities demand that “special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area” in respect to granting planning consents.

Special enforcement powers to prevent unauthorised works to listed buildings are further outlined; unlike typical material works and changes of use, unauthorised works concerning listed buildings do not have a time period within which enforcement notice must be served. Enforcement action can be taken at any time if works are evidenced to be unauthorised.

Additional powers to prevent the intentional neglect of listed buildings are granted to local authorities, who can implement emergency measures such as Urgent Works Notices, Repairs Notices and Compulsory Purchase Orders. 

The Town and Country Planning (General Permitted Development) (England) Order 2015 sets out what works fall within Permitted Development rights, and therefore do not need planning permission. This covers material works as well as change of use. Listed buildings are exempt from Permitted Development rules and generally require listed building consent if changes are being made to the historic fabric.

Areas of special designation are called Article 2(3) land; these can include conservation areas, World Heritage Sites, and Areas of Outstanding Natural Beauty, as well as National Parks and areas of defined ecological significance such as Sites of Special Scientific Interest. These areas are sometimes exempt from Permitted Development rights, but it is recommended that you check with the local authority to see if planning permission is needed.

Article 4 Directions can be implemented in a certain area to restrict a certain type of Permitted Development right that might be felt to pose a threat to the specific character of a place, such as the replacement of windows. In these cases, normal planning permission would be required. You can check B&NES Article 4 Directions to see if there are any restrictions in your area.

As of August 2020, the Permitted Development rights were extended to include the following:

• Rooftop extension of residential, commercial, or mixed-use building by up to two storeys to provide housing.
• The demolition of buildings that have been vacant for a minimum of six months (previously in residential, commercial, or mixed-use) to provide housing.

Please note that restrictions apply; you can find out more about Amendment No. 2 and Amendment No. 3.  

 As of April 2021, the Permitted Development rights were extended to include the following:

• The creation of new Commercial, Business and Service Use Class E.
• Change of use from Use Class E to a residential use, including within conservation areas.

Please note that restrictions apply; you can find out more about Amendment No. 1.

In August 2020, the Planning for the Future White Paper was released for public consultation. The paper proposed reforms of the planning system to streamline and modernise the planning process, bring a new focus to design and sustainability, improve the system of developer contributions to infrastructure, and ensure more land is available for development where it is needed.

You can read BPT’s full consultation response here.

In May 2021, the white paper went forward to the Housing, Communities and Local Government Committee. You can read the full report here.

The Core Strategy and Placemaking Plan function as the Local Plan for Bath and North East Somerset, and set in place a strategic planning framework to guide development in the region until 2029. Previously, it formed two documents – the Core Strategy was adopted in 2014 and the Placemaking Plan was adopted in 2017, both forming part of the Development Plan for the District to be used in the determination of planning applications.

The Plan has since been split into volumes: Volume 1 covers the District-Wide Strategy and Policies which is used as the overarching policy document across Bath and North East Somerset, and Volume 2 covers the specific development targets and strategies for the city of Bath. Subsequent volumes cover different areas including Keynsham, the Somer Valley, and the rural environs.

In April 2020, B&NES Council released the Local Plan Partial Update for public consultation, which will then go on to inform a final draft for examination by a planning inspector by late 2021. You can read BPT’s consultation response here.

The Public Realm & Movement Strategy for Bath City Centre, entitled ‘Creating the Canvas for Public Life in Bath’ was adopted in 2010. The strategy forms part of the Council’s Vision for Bath which seeks to revitalise Bath’s economic, social and cultural wellbeing, and looks at the current condition of the economic and social value of Bath city centre, the key problems such as the increasing dominance of vehicular traffic, and offers opportunities and potential solutions to transform streets and spaces across the centre and improve the public experience of Bath’s core.

The Bath Pattern Book offers technical guidance in the delivery of B&NES Council’s Transport Strategy, in accordance with the wider Development Plan. It sets out design values, design standards, and technical specifications to create a template for public realm changes to ensure a coherent approach, and also sets the standard B&NES will expect of private sector development proposals to ensure the highest standards of public realm are delivered across the city centre.

Neighbourhood Plans are a way for communities to have a say in the future of the places where they live and work. A Neighbourhood Plan can be put together by a local community to direct development in a local area in accordance with local character and demand, and counts as a material planning consideration when looking at development proposals. Please note that only the ‘made’, or adopted, Neighbourhood Plans come into force as part of a Development Plan policy.

B&NES Council have compiled a list of their adopted Neighbourhood Plans.

B&NES has a number of Supplementary Planning Documents (SPDs) which look to provide further detail to the policies in the Development Plan and can be used to provide further guidance for development on specific sites, or on particular issues such as design. These should be treated as additional guidance to be read together with the Core Strategy and Placemaking Plan, to get a fuller understanding of an area or issue. They add local context or technical detail, and will be considered as a material planning consideration when looking at planning applications or a proposed development.

SPDs also include Village Design Statements, which aim to identify the most important aspects of the character of a village, from a planning perspective. They provide guidance to parishioners, parish councillors, prospective developers, architects, planning officers, public utilities and the local authority. They give local people the chance to ensure that as a village grows or changes, it preserves and adds to its existing character, but must be line with the overarching Development Plan.

Also included are Article 4 Directions, which are used to restrict certain types of Permitted Development rights in certain areas. It is recommended you check whether there are any Article 4 Directions in your areas before you go ahead with works to make sure if you need planning permission.

Locally listed heritage assets, or Non-Designated Heritage Assets (NDHAs), are buildings, monuments, or street features that may contribute towards the character or value of a local area, but are not nationally important enough to be added to the National Heritage List for England. Local authorities can compile lists of buildings and sites that are felt to make a positive contribution to their area. Whilst this does not offer statutory protection to a site, or additional planning controls or restrictions, the local list can act as a material planning consideration in determining planning applications. However, local listing does not affect the requirements for planning permission in the same way that nationally listed buildings require specialised listed building consent.

B&NES offers further guidance on the progress of their local list via their website. You can also read the local authority’s Supplementary Planning Document on Locally Listed Heritage Assets.