Introduction to the Town and Country Planning System

Under the 1947 Town and Country Planning Act (TCPA) Local Authorities have two functions:

• Development control – the process of reaching decisions on development applications.

• Forward planning - through Statutory Development Plans that provide a policy framework for future development.

Development control decisions must pay regard to these policies

Policies contained within Statutory Development Plans represent key material considerations.

There is a presumption in favour of development proposals that are in accordance with the Statutory Development Plan

Section 54A of the TCPA establishes that the system is Plan Led such that ‘…..where an adopted or approved development plan contains relevant policies…..an application for planning permission or an appeal shall be determined in accordance with the plan, unless material considerations indicate otherwise’

Where a planning proposal has LPA support but conflicts materially with the development plan, the Local Authority must notify the Environment Minister

The Environment Minister may then direct the Local Authority to:

Refuse the proposal  or  impose conditions.