UK government amends planning rules to combat intentional unauthorised development

The policy change means that, when deciding whether to grant planning permission following an application or appeal, decision makers must take into consideration any development that has already been intentionally undertaken on that land without the necessary permissions.

In a statement sent to councils last week (2-page / 156 KB PDF), chief planner Steve Quartermain said developing land without prior authorisation prevented measures being taken to mitigate or limit the harm that would be caused and that taking enforcement action against unauthorised development cost councils time and money.

Quartermain said the government was particularly keen to prevent unauthorised development from causing harm to the green belt. He said the Planning Inspectorate would, therefore, monitor appeal decisions involving unauthorised development in the green belt and that a proportion of such appeals would be considered for recovery and determination by the communities secretary "to enable him to illustrate how he would like his policy to apply in practice".

The statement also clarified the government's position that "most development in the green belt is inappropriate and should be approved only in very special circumstances" and that "subject to the best interests of the child, personal circumstances and unmet need are unlikely to clearly outweigh harm to the green belt and any other harm so as to establish very special circumstances".

The policy change was introduced with immediate effect and will apply to all new planning applications and appeals received from 31 August 2015.

Planning expert Lucy Close of Pinsent Masons, the law firm behind Out-Law.com said: "This statement reinforces that protection of the green belt is a key concern for the government. Although this policy change has come about against a background of unauthorised traveller sites, it does appear to have general application as the statement says that it applies to all new planning applications and appeals."

"It will be interesting to see how the term the term 'intentional' is interpreted and applied and how much weight will be given to this consideration," said Close.

The announcement came on the same day as the government changed its gypsy and traveller policy (12-page / 329 KB PDF) so that a requirement to make caravan sites available for use by travellers will no longer apply to those who do not travel permanently. The government's planning policy for traveller sites was also amended to remove the requirement for councils to provide sites for those evicted from unauthorised encampments and to restrict the circumstances in which a lack of a five year supply of traveller sites will be a material consideration in deciding whether to grant temporary planning permission for sites.