Activist's Guide to the Planning System

Beating the Developers

An Activist's Guide to the Planning System

The Land is Ours

Box E, 111 Magdalen Road

OXFORD OX4 1RQ

Tel: 01865 722016.

e-mail: office@tlio.demon.co.uk

website: http://www.oneworld.org/tlio

Compiled by Richard Moyse

1.1 Many people are unhappy about the rapid changes that are taking place in towns and in the countryside, but feel unable to do anything about it. In actual fact, there are many ways to make your voice heard, and one of the most important and effective ways is by making use of the Planning System. It is true that development interests are large and powerful, and often very much part of the establishment; but, armed with some knowledge of Planning, it is possible to take the battle onto their turf, and to win.

2.1 Almost all new building work, and most changes in the use of land or buildings, come under the control of the Town and Country Planning System. The Planning System controls how land is used - for instance, whether a particular area is used for housing, farming, industry, shops, or recreation - and the size and shape of new buildings and other developments. Planning shapes, but does not drive, change: the fact that there is pressure for development is largely due to economic factors, or to policy at one or another level of government.

2.2 Land use and development is controlled in two ways, known as Forward Planning and Development Control. Forward Planning is a 'scene-setting' process, which lays down the planning policies for an area, states which areas are considered suitable for what sort of development, and sets out the standards which developments will be required to meet. Development Control puts Forward Planning into practice, by giving or refusing permission to individual development proposals.

2.3 This book deals with the planning system in England and Wales. In Scotland, the planning system is similar to the rest of mainland Britain, although the Scottish Office oversees the system and issues its own Planning Guidance.

2.4 In Northern Ireland, the system is very different. The only Planning Authority for Northern Ireland is the Department of the Environment Northern Ireland (DoE NI). Local Authorities are consulted on planning issues, but cannot make planning decisions. Not only does DoE NI decide the policy framework and determine Planning Applications, but it also rules on Planning Appeals, through a nominally independent appeals panel.

Planning decisions are made by the Local Planning Authority. For most developments, this is the Planning Committee of the local council. However, for some functions, notably waste and minerals-extraction, it may be the County Council. In the National Parks, the relevant National Park Authority makes most planning decisions. In Northern Ireland, the only planning authority is the Department of the Environment Northern Ireland (DoE NI).

In the National Parks (including the Norfolk Broads, which does not actually have full National Park status), it is the duty of the relevant National Park Authority (or Broads Authority) to draw up the local plan, not the district council.

3.1 All Borough, City and District Councils have to draw up a Local Plan. These are detailed documents which describe how land is to be used within the borough, city or district. They cover such things as housing (how many, where, what sort), employment (what sorts of industries are encouraged, where they can locate), retail (town centre versus out-of-town, etc.), leisure (sports centres, playing fields, footpaths, country parks), transport (new roads, cycle ways, etc.), social development (schools, health centres), and countryside (trees and woodland, farming, important landscapes).

3.2 The Local Plan is usually made up of a set of written and numbered policies, together with a series of detailed maps which show where different policies apply. Development pressures are so high, and therefore the need for control so great, that every square inch of undeveloped land is often covered by one or more policies. Although this is based on a proper desire to protect land from inappropriate development, it does make the planning system very rigid.

3.3 The creation of a Local Plan is a long process involving formal consultation of a wide range of interested parties (including developers, sports and leisure bodies, conservation and amenity groups, community groups and individual residents) and ending with a public hearing, known as a Public Local Inquiry, in front of a Planning Inspector from the Department of the Environment (DoE).

3.4 The Local Plan is not entirely under local control. The Local Plan must conform with the Structure Plan drawn up by the County Council. The Structure Plan sets out broad planning principles for the whole county, and deals with transport, mineral extraction and waste disposal, countryside protection, and the amount of new housing in each borough. Consultation is also part of the process of drawing up the Structure Plan. Structure Plans are required to conform with government-issued Regional Planning Guidance.

3.5 In addition, the Local Plan must take into account Government policy. Government policy on land use and planning matters is mainly set out in Planning Circulars from the DoE, and, most importantly, in Planning Policy Guidance Notes (PPGs). The Secretary of State for the Environment does have the power to modify Local Plans, although his/her approval is not explicitly required before a plan can be adopted.

3.6 In Scotland, planning guidance is issued by the Scottish Office as National Planning Policy Guidelines (NPPGs). In Northern Ireland, the DoE NI does not publish any planning policy guidance documents (although a document describing the planning process in Northern Ireland is apparently in the pipeline), and Local Plans are not produced.

3.7 In the case of some Unitary Authorities, the Local Plan is part of a Unitary Development Plan (UDP) which also includes a Structure Plan section. This is because Unitary Authorities do not come under the control of a county-level authority. The two parts of a UDP are drawn up in the same way as an ordinary Structure Plan and Local Plan.

Minerals Local Plans (dealing with the extraction if minerals) and Waste Local Plans (dealing with waste disposal) may be produced by the relevant planning authorities. In both cases, this is usually the County Council or Unitary Authority. In National Parks, these matters are determined by the National Park Authority.

4.1 Anyone or any organisation (with some exceptions - see section 9) that wants to develop or change the use of any piece of land must make a Planning Application to the Local Planning Authority (LPA).

4.2 A Planning Application includes written and drawn details of the proposed development. In the case of certain major developments, such as oil refineries or toxic waste dumps, an Environmental Impact Assessment is also required by law. The LPA can ask for Environmental Assessments for other large scale developments which it thinks may be environmentally damaging.

4.3 Planning Officers assess Planning Applications against national and local planning policies. In the case of some small developments, Planning Officers themselves are able to grant or refuse Planning Permission. However, the application is usually referred to the Planning Committee of the Local Authority: the Planning Officers will normally recommend whether Planning Permission is granted or refused, but the final decision is up to the Elected Members (Councillors) on the committee.

4.4 The LPA will use its Local Plan when deciding whether or not a development should be allowed to go ahead. Normally, a development will be approved if it is in line with the Local Plan, and meets other planning laws and guidelines. A Planning Application which is not in line with the Local Plan will normally be rejected.

4.5 If a developer finds that their Planning Application has been rejected, they can appeal to the Department of the Environment, which will set up an Inquiry. The final decision on the application is made by a DoE Inspector.

4.6 It is worth noting that recent government planning guidance means the Inspector must normally follow the Local Plan when making a decision.

Planning Permission over-rides certain other forms of planning protection. For instance, a developer may apply to build on a woodland which is protected by a blanket Tree Preservation Order (TPO). If permission is granted then the TPO no longer applies, and the developer will not be committing an offence by clearing the wood. However, it would be reasonable to expect the developer to avoid damage to any trees to be retained in the finished development. Likewise, Planning Permission overrides any protection conferred on hedges by the Hedgerows Regulations.

5.1 Unlike developers, objectors have no right of appeal. If the Local Planning Authority decides to accept a Planning Application, it is almost impossible to have the decision reversed. You can write to the Secretary of State for the Environment and ask for the application to be 'called in' for an inquiry. However, the Government has made it very clear that this will only be done in exceptional circumstances, and where the development raises issues of national or regional importance.

5.2 So it is vital to get in early - you must act as soon as the Planning Application is made. If you miss the closing date for objections, your opinions will go unheard, and there will be nothing, short of direct action, that you can do about it. Even if you do go for direct action, you will lose credibility as a campaigner if you have not at least tried to fight the application through the official channels first. This cannot be emphasised enough: do not wait until the bulldozers move in - by then it will be much too late.

5.3 Planning Applications have to be publicly advertised. Notices giving details of an application are sent to people likely to be affected (usually the immediate neighbours), and may also be posted on site where the development is large or on open land. A brief weekly list of current Planning Applications in the area is published in at least one local newspaper, and a complete list is always available for view at the Planning Department of the local council. Local organisations which are regularly consulted by the LPA can ask to be sent weekly planning lists as they are produced. If you really feel that it would help your group to receive weekly lists, then ask to be sent them (this may take some wheedling and persuasion) - but remember that there will be pages of them, and that they will consist mainly of applications for house extensions, shop signs, and so on.

5.4 For fuller details of a particular application, ask to see the original at the local Planning Department - Planning Applications are public documents. Planning Officers will normally take time to explain the application to you, and to discuss any concerns. Applications for large developments may include vast amounts of detailed information - an Environmental Impact Assessment may be an inch or more thick - so you will have to be prepared to spend a lot of time wading through it all.

5.5 If you wish to object to the application (or support it!), then you must make your comments in writing by the end of the consultation period. This is usually 21 days - the exact closing date will be on notices sent out or placed on site. Note that the consultation period may be longer if the application is particularly difficult or controversial: contact the Planning Officers if in doubt, or if you think you may need more time to put your case together.

5.6 The LPA cannot turn down a Planning Application just because lots of people object to it. Rejection must be based on what are called Material Considerations.

5.7 A Material Consideration can be any matter related to the use of land and the development in question. It's a bit of a fuzzy definition, but it can include the size and nature of the development; the impact of the development on landscape, wildlife, or resources such as groundwater; the availability of infrastructure (for example, roads, water supply, waste water treatment capacity); and the effect of the development on the neighbourhood.

5.8 Material Considerations cannot include any matters covered by other legislation; for instance, the potential pollution from a proposed factory might not be a material consideration, as pollution limits are set by specific laws. In this case, it would be up to the Environment Agency to say whether or not the factory could operate - but only once Planning Permission was granted.

5.9 So, when you object to an application, it is important that you base your objections on clear issues which are related to land-use - the way land is used now, the way it will be used if the development goes ahead, the way the development will restrict future use of the land, or the way the land could be used if the development does not go ahead.

5.10 Some of these will be obvious - for instance the proposed development might spoil the view from a local beauty spot ('amenity' is considered a land use issue), destroy land used for formal or informal recreation, or be damaging to important wildlife habitats. It might increase the amount of traffic on the roads, or it might encourage further development on neighbouring land. Finding other Material Considerations will require some research.

The Environment Agency (EA) is the principle environmental regulator in England and Wales, and the Scottish Environmental Protection Agency (SEPA) in Scotland. The EA and SEPA authorise the following:

• Waste management, which includes land-fill;

• Discharges of substances into surface, ground or sea water;

• Water abstraction from waterways and ground water;

• Pollution of land, sea and air by certain industrial processes.

Licenses for water abstraction, consents for discharges into water, and authorisations for emissions of pollutants can only be issued following public consultation. Notices must be published in at least one local paper, and twenty eight days (six weeks for discharge consents) is allowed for the submission of comments.

5.11 When writing in with your objection, it is good to include positive ideas for the use of the land concerned: perhaps a nature reserve, country park, community orchard, or informal amenity area. At 'Pure Genius', the derelict site in Wandsworth occupied by a low-impact community, an application was made by the occupiers for a sustainable 'Ecovillage'. This was intended to counter the application by the site's owners, Guinness, for high cost housing and a supermarket. It's worth noting that you do not have to own a piece of land to apply for Planning Permission on it. It's also worth noting that it will cost you at least £160 to submit a Planning Application for a single dwelling - ask your local planning department for a copy of the scale of charges.

5.12 Because of the land use basis of the planning system, the importance of wilderness is (sadly) not recognised. It would probably be unwise to say that you feel an area should be left totally alone: at least try to dress it up to sound like an active use of the land.

5.13 If an Environmental Assessment has been prepared, ask to see it: they are often terrible, and can provide a good basis for objections. If you think that the assessment does not take proper account of all the environmental impacts of the proposed development, then make sure you say so. If you can persuade the LPA that the assessment is inadequate, then, at the very least, the developer will have to go through the whole exercise again. English Nature has produced a guidance leaflet on Environmental Assessment which is aimed at developers, but which would be useful in spotting deficiencies in developers' submissions.

5.14 Planning Committees, like all local authority committees, are held in public (except under certain circumstances, when the press and public can be excluded from the meeting room for the discussion of particular agenda items). Anyone may attend, but no-one but the council officers and members can take part in debates, unless specifically asked to do so: it's no use sticking up your hand (or shouting), you'll be ignored.

5.15 The Planning Committee will probably have full 'delegated powers', which means that, unlike other council committees, it does not have to refer its decisions to a meeting of the full Council.

5.16 Even if you commented on the application, you may not be notified of the LPA's decision - some send out letters, some don't. Make sure you know the date of the Planning Committee meeting so that you can phone in to check the outcome. The minutes of the Planning Committee, together with the minutes of all the council's committees are placed in the local main library.

5.17 If the LPA approves an application which goes against the policies in the Local Plan or UDP, they must advertise it as a departure from the plan, and refer the decision to the Secretary of State for the Environment. In this situation, you should write to the SoS with your objections; however, note that the Secretary of State will not interfere with planning decisions unless they are of more than local importance.

5.18 Note that Planning Permission applies to land and not to a person or organisation. If the land is sold, the Planning Permission goes with it.

6.1 Increasingly, Planning Permission may be granted subject to Planning Conditions or a Planning Agreement.

6.2 Planning Conditions (which can be appealed against by the developer) might include keeping trees, hedges, or other features of wildlife or landscape importance. Like many aspects of the planning system, Planning Conditions can be positive or negative in their effects: they can be a very useful way of protecting important features or ensuring good design, or they can be a way for the LPA to get around objections and allow the development to go ahead. In any case, conditions must be necessary, relevant, enforceable, precise and reasonable.

6.3 Planning Agreements are used by the LPA to gain 'benefits' for the local area, sometimes known as Planning Gain. Agreements are entered into voluntarily by the developer and the LPA, and may be used to provide needed infrastructure or community benefits. Planning Gain has the reputation of being a way for a developer to 'buy' Planning Permission. However, it's not quite that crude: Planning Gain might look like a bribe (albeit a very public one) or a massive sweetener to the LPA and to local people, but the development concerned must still comply with any national and local planning laws and guidelines. Planning Gain can, in practice, turn out to be good or bad.

6.4 A Planning Agreement, once entered into, is binding: there is no appeal, and a developer who breaches the agreement could be taken to court by the LPA under civil law. Like the Planning Permission itself, the agreement passes on to 'successors in title', that is, anyone who buys the land in future. There could be potential for agreements to be used to establish low-impact communities outside normal residential areas - for example, the agreement might specify the type and amount of housing to be constructed, so that the application could not be used to open the door to general residential development.

6.5 The Royal Society for the Protection of Birds has published a report calling for the better use of Planning Conditions to protect wildlife and wild habitats. 'Natural Conditions' is available from them for £9.

This is not, I’m afraid to say, an uncommon scenario, and is one that causes bitter arguments within and between environmental groups.

7.1 New Government guidelines mean that all planning decisions should now be made in accordance with the Local Plan or UDP, unless there are over-riding reasons of 'national or regional importance'. So, if you want to influence land use and development in your area, you must ensure that your views are taken into account when the plans are drawn up. Not only can you suggest policies to prevent developments that you don't want to see, but you can suggest the kind of positive developments which you do want to see - more social housing, more allotments, cycleways, better countryside protection, whatever.

7.2 LPAs are now obliged to consider the environmental effects of their plans, and to encourage 'sustainable development'. PPG12 makes it clear that issues such as global warming and use of non-renewable resources are to be reflected in policies - for instance, new developments should be located and designed to minimise car journeys. This is an area in which many LPAs have little knowledge or experience, and environmental groups or individual environmentalists will probably be able to increase the pressure for improved sustainability and low-impact living.

Regional Planning Authorities (County Councils and Unitary Authorities) are now bound by the Road Traffic Reduction Act to draw up plans for reducing traffic levels. Structure Plans and UDPs should therefore include measures to reduce the need to travel.

7.3 Local Plans and UDPs have a five or ten year life, but as they take a long time to put together, the process of revising a plan may start just a few years after it first comes into effect. So even if your area already has a Local Plan, there's a good chance that the next one will be in preparation and that there will be something for you to do.

7.4 The plans all have long periods of formal consultation, and there are a number of opportunities to make your opinions known. However, it is up to the LPA how much input local people actually have. In some areas they start by asking local people what they think are the important planning issues in the area; in others, the LPA will produce topic papers stating what they think are the important issues, and asking for comments. The latter is much less flexible, and, unless you are prepared to put in a lot of work, you will find that the plan is led much more by the opinion of Planning Officers and Elected Members.

7.5 The next stage is the drawing up of a draft Local Plan/UDP which is then made available for comment. If you can't afford a copy (and they may cost £20 each), then there will be one in the local library. The draft plan is revised in the light of the comments and placed 'on deposit' for six weeks, during which more comments and objections are invited. These comments, together with the LPA's observations on them, are placed on deposit for a further period, and form the basis for the Local Plan Inquiry. More comments can be submitted during this second deposit period.

7.6 It is important to get your views into the system at the earliest possible stage, as once policies are drafted, there are unlikely to be any major changes. As it is up to the LPA whether it advertises the plan at the very earliest stages, it is a good idea to establish a good relationship with local councillors or local Planning Officers, and to keep in touch with what is going on.

7.7 It is also important to follow the process through. Your written submissions at the deposit stage are vital and will be seen by the Inspector at the inquiry. You must be sure to give your support to those policies which you agree with, and study the objections which others have sent in (ask to see them): developers will object to protective policies covering land which they want to build on, and you can comment on their objections.

8.1 There are three kinds of inquiry which you might find yourself involved in: Planning Inquiries, Public Local Inquiries (PLIs), and Examinations in Public (EIPs). All are held in the presence of an Inspector from the Department of the Environment, who makes the final decisions on the issues involved: it may take weeks or even months for decisions to be published. All inquiries are public, and anyone is allowed in to watch and listen to proceedings.

8.2.1 If a developer appeals against the refusal of a Planning Application, or in the exceptional circumstances that the Secretary of State calls in an application, then a Planning Inquiry will be held. This can take one of three forms - Written Representation, where the Inspector will base their decision on written submissions only; an Informal Hearing, which takes the form of a round table discussion; or a formal Public Inquiry. Of these, only the Public Inquiry is adversarial: that is to say, the various sides are able to employ advocates to guide the presentation of their cases and to cross-examine witnesses.

8.2.2 If you originally objected to the Planning Application, you will be informed if an Inquiry is called; you will have the right to appear and to present your case if you wish. However, a Public Inquiry can be a daunting experience: big developers can afford to employ experienced barristers (even QCs!) to try and pull your case to pieces.

If you are going to give evidence to an Inquiry, make sure you understand your case, and know how you will present it. If you are giving evidence at a Planning Inquiry, you may find yourself being cross-examined by a barrister, so you will need to fully understand the basis of your case and to keep a cool head. A good way to prepare is to go through a mock cross-examination, and allow someone to try and pull your arguments to pieces: this will help to identify the weaknesses in your case.

8.2.3 So it is a very good idea to get together with all the other objectors (in nearly every case, this will include the LPA, who will have experience of other inquiries) to discuss your tactics and approach. You do not have to employ an advocate, but you will find it helpful unless you are confident about your ability to cross-examine other witnesses; the advocate does not need to be a barrister. If you do use an advocate, then it is best to arrange to share them with other objectors: this not only ensures a coherent case, but splits the cost - remember, there is no financial assistance for objectors, and you will have to raise all the money you need to fight your case.

8.2.4 A final important point: Public Inquiries are not courts of law, no matter how the advocates behave. Inspectors are concerned that all relevant points are brought out and are not necessarily impressed by a barrister's flashy wordplay. They will make allowances for inexperience, and you should ask them to explain or clarify anything which you do not understand.

8.3.1 These Inquiries are held at the final stage of the preparation of a Local Plan. They are adversarial, and objectors may employ advocates.

8.3.2 All objectors have the right to appear at the PLI. However, Inspectors are not so keen to listen to lots of witnesses giving support for policies. So, if you do wish to give your support to some aspects of the Local Plan, be sure to make clear, written comments during the plan's deposit stage.

8.3.3 Because PLIs tend to be long and complex, a Programme Officer is appointed to provide administrative support, keep a library of documents, and arrange the programme (ie who appears when) for the Inquiry. Stay in touch with them to keep tabs on what is going on.

8.3.4 Even if you are not appearing, your attendance at the Inquiry may be useful. If a crowd of you is attending to show support for a particular objector or group of objectors, then let their advocate know, so that your interest can be pointed out to the Inspector.

8.4.1 The EIP is the final stage of the preparation of a Structure Plan. They are round-table discussions, and are not adversarial. You can only appear if you are invited to do so, and even then you will not get long to speak, so your original written submission is very important.

9.1 A large number of developments manage to avoid planning control completely. The General Development Order (GDO) gives automatic permission to a whole range of developments, from small house extensions to certain developments by Local Authorities. Farming and forestry are both exempt, and yet they create the most profound changes in our landscape - changes that may turn out to be irreversible.

9.2 The GDO even influences the shape of village communities. For example, converting a pub to offices does not require Planning Permission; converting offices to a pub does.

9.3 The military is exempt from any planning control - they have Crown Immunity - for any development which is considered to be in the national defence interest. They do have to consult with the LPA, but they can ignore any advice given.

9.4 Permitted Development Rights are also held by the so-called 'statutory undertakers' - the suppliers of gas, electricity, telecommunications, water, and sewage services. They can carry out any work directly related to providing the services concerned, despite the fact that they are now all profit-making industries. This includes the laying of cable TV and the erection of aerials for mobile phone systems, which are both outside planning control.

9.5 The ultimate way out of the system is reserved for major development schemes which the government wishes to promote. In these cases, permission may be granted by passing an Act of Parliament. The channel tunnel is the result of an Act of Parliament, and its associated rail-link will be too. Interestingly, highways interests have petitioned for extra measures to be included within the rail-link bill - these include the widening of the M2 motorway, and new dual carriageway highways - creating a 'hybrid' bill which would grant permission for a number of essentially unrelated developments. In a case like this, write to your MP, the LPA and the County Council - local authorities do have an input into parliamentary business.

10.1 The Slad Valley is a corridor of open, green space which reaches deep into the town of Stroud from the surrounding countryside. The valley is lined by pasture land and is often walked by local people; it is protected in the district's Local Plan as an area of special landscape merit.

10.2 An application to build ninety houses on about 10 acres of the open land in the valley was made by a local building firm in early 1995. This was turned down by the LPA at a meeting in June of that year, because, they said, the development would be harmful to the open landscape of the area, was not compatible with the character of the built and natural environment, and would set a precedent for further building in the valley.

10.3 In August, the developer lodged an appeal against the decision. This was largely based on challenging the housing allocation in the Local Plan, which was at that time only in draft form.

10.4 The Slad Valley Action Group (SVAG) was set up as a community-based group to fight the appeal, following a public meeting called by the LPA, which opposed the development. The group kept close links with the LPA during the campaign, while remaining a separate and self-running group.

10.5 SVAG was only made up of a small number of local residents, plus one local councillor, but this did not stop them from running a very strong campaign. They realised that they needed to do two things: to raise public interest and encourage more people to object to the scheme; and to get together enough money to run the campaign and pay an advocate to represent them at the appeal.

10.6 What they did:

10.7 It was not all plain sailing, and they learnt a number of important points:

10.8 So strong was the SVAG campaign that the developers withdrew their application before the Inquiry had started.

11.1 The Town and Country Planning System is a powerful tool, which can be, and often is, used to benefit communities and the environment. In particular, the new presumption in favour of Local Plan policies provides opportunities for more enlightened local authorities to encourage sensitive development and discourage predatory development, and to involve local people very closely in how this is done.

11.2 Conversely, the weaknesses in the current system are substantial. The Government's view is that the Planning System should generally not stifle or inhibit change and development, and this is reflected in planning legislation and guidelines. There is a clear imbalance between the rights and freedoms of individuals or commercial organisations and the rights and freedoms of the community: in case of doubt, it's the individual or commercial interest that gets the nod, and the community has to put up with it.

11.3 This is absolutely clear in the Planning System's in-built presumption in favour of development. A developer does not have to show that a development is necessary or useful or appropriate. Instead, it is down to the Local Planning Authority to provide material reasons why the development should not go ahead. If the authority cannot do this, then the development can proceed. If the development is turned down, the developer can appeal against the decision, and their appeal must be heard. Where a development is given permission, no right of appeal exists for objectors.

11.4 The balance could be shifted by turning around this basic presumption, so that any development would automatically be refused unless it could be shown to have a worth which clearly out-weighed any damage it might cause. This is what is often referred to as the Precautionary Principle. Its adoption would not stop development from happening, but would prevent change that did not carry real community benefits. In addition, extending the right of appeal to objectors as well as developers, and providing some financial assistance to objectors, would make for a much more even-handed system than currently exists.

11.5 There is a certain emphasis on Zoning in our planning system - providing separate areas for housing, industry, countryside, and so on. This does provide protection for important countryside areas, and prevent polluting industries being located next to people's homes. However, it makes for a somewhat rigid system where the towns are compact and crowded while the countryside is virtually uninhabited (the metropolitan Greenbelts are the ultimate example of this), and where people have to travel long distances to shops or to the places where they work.

11.6 Zoning could be relaxed if LPAs imposed tighter Planning Conditions or used Planning Agreements to control the types of industrial, retail or housing developments which are permitted, or if the overall sustainability of a development could be used as a Material Consideration (currently, things like the internal design of buildings are not considered land-use issues). This would make for a more flexible system, and more intimate, self-contained, and ultimately more sustainable, communities.

11.7 Sitting alongside Zoning is the problem of areas being 'opened up' by a development. In the Slad Valley case (see above), the objectors argued that the new housing would 'open up' the rest of the valley for further development. It is indeed often the case that a block of open space will be regarded as sacrosanct until part of it is developed; then it's considered that the whole block has been spoiled, and might as well be built on. New roads are regularly a cause of the opening up of previously undeveloped land, spawning new business parks and superstores; the gap between the town boundary and a new bypass is generally quickly filled in with new houses.

Not only does DoE NI not follow the open and clearly accountable plan-led system of the rest of Britain, and not make its planning guidance documents available to the public, but it is also under no statutory obligation to take sustainability into account when making planning decisions. A review of planning procedures in Northern Ireland is rumoured to be underway; there is a clear case to make for bringing them into line with the rest of the UK.

11.8 The problems of Zoning and of 'opening up' illustrate planning's most intractable problem: in the end, it is under the control of central government. The LPA may wish to impose tight planning conditions upon a developer, but the developer can appeal against them - in which case, it is a DoE Inspector who makes the final decision. Likewise, it is a DoE Inspector who will say ultimately whether a piece of land has been 'opened up' by a previous development: hence you will hear planners discussing whether an area of open space is 'defensible' - that is, can they prevent it being built on, even if they want to?

11.9 To really make a change, there needs to be increased devolution of power away from central government to local government. Local authorities in turn need to put a lot more effort into informing and involving the communities they serve. The Local Agenda 21 projects which local authorities are undertaking go at least some way towards this, and it is likely that we will see significant changes in decision-making as communities learn how to effectively use their power and put their views across, and local authorities learn how to listen and respond.

Ask your local Planning Officers first - even if you find that the system is against you, they may be able to give some very useful advice. It will always help to keep on good terms with them, anyway - it's amazing how much more co-operative local government officers become if you're nice to them.

Talk to your local councillor(s) and/or county councillor(s) - they are your elected representatives, and ought to know what's going on.

Your LPA may have leaflets which provide info on Planning Applications, Local Plans, and so on. The DoE and Welsh Office produce a range of leaflets on different aspects of the planning system, so it may be worth looking them up in your local phone book.

Copies of Acts of Parliament (including the various Town and Country Planning Acts) and Planning Policy Guidance Notes are available from HMSO Bookshop, 49 High Holborn, London WC1V 6HB Tel 0171 873 0011. Your local bookshop should also be able to order them for you, and central libraries should have copies.

In addition, the Council for the Protection of Rural England (CPRE) have produced a Campaigners' Guide to Local Plans, which is very detailed at 107 pages and costs £10. Together with the Campaign for the Protection of Rural Wales (CPRW)/Ymgyrch Diogelu Cymru Wledig (YDCW), they have also produced an Index of Planning Policy Guidance Notes which tells you exactly where to go for the national planning policy on almost any subject; it costs £3. Also available from CPRE, the Campaigners' Guide to Minerals - how to influence planning decisions on mineral extraction and campaign to reduce the impact of quarrying: cost £10. A very useful checklist, Responding to Planning Applications, is available free from CPRE (send an SAE) and should also be available on their website. CPRE, Warwick House, 25 Buckingham Palace Road, London SW1W 0PP Tel 0171 976 6433. CPRW/YDCW, Ty Gwyn, 31 High Street, Welshpool, Powys SY21 7JP Tel 01938 552525. E-mail cpre@gn.apc.org website http://www.greenchannel.com/cpre

English Nature, the government's conservation advisors, can provide guidance on wildlife law and other conservation issues, although they notoriously conservative (at least as a body), being under constant threat of budget cuts. Publications include a guide to the preparation of Environmental Assessments, available from the Enquiry Service at English Nature, Peterborough PE1 1UA, Tel. 01733 340345. You can also phone them to find your regional office.

The RSPB has a report, Natural Conditions, on the use of Planning Conditions for wildlife protection. Cost £9 from RSPB, The Lodge, Sandy, Bedfordshire SG19 2DL.

The Royal Town Planning Institute has a 'Planning Aid' service which aims to provide free advice to individuals or groups who cannot afford to employ a professional consultant. The service is run by volunteers, and is regionally based: to find your nearest contact, write to The Administrative Officer, RTPI Services Ltd, 26 Portland Place, London W1N 4BE or phone the RTPI on 0171 636 9107.

The Environmental Legal and Mediation Service (ELMS) is a registered charity which can provide free legal advice and representation to local groups in cases concerned with the preservation of the natural or built environment. They are also developing the use of mediation in planning disputes, and can provide speakers on planning and environmental law and procedure. Contact ELMS, Temple Chambers, 3-7 Temple Avenue, London EC4Y 0DB Tel 0171 583 8844 Fax 0181 355 9896.

To find a professional consultant, contact your local planning department or Citizens' Advice Bureau and ask for a list of Chartered Town Planners.

Basic Law for Road Protesters, by Dr Peter Gray, contains information on fighting road proposals, and goes in detail through the legislation that will affect you if taking direct action. Available on Peter’s website at http://www.gn.apc.org/pgray

Understanding the Development Jigsaw, by Wendy Le-Las, looks at the whole Planning process, and shows how to make a winning case against unwanted development. Cost £25.95 from Vine House Distribution, Waldenbury, North Common, Chailey, East Sussex BN8 4DR Tel 01825 723398 (cheques payable to ‘Vine House Distribution’).

The Land is Ours has produced a number of publications on planning issues:

• Permaculture - a new approach to rural planning - £9

Available from The Land is Ours, Box E, 111 Magdalen Road, Oxford OX4 1RQ