Local development orders

Revision as of 07:02, 19 September 2013

The planning process is often cited by businesses as a constraint on their ability to expand operations or to invest in new areas. Constraints relate to the time taken to get planning permission (or the possibility that it will take a long time), the costs associated with preparing an application and the inherent risk that permission will not be granted, resulting in total collapse of a project that may have taken a great deal of time and money to create, or a long and expensive appeals process.

Local Development Orders (LDO’s) are intended to enable local planning to be simplified under certain circumstances. LDO’s are intended to help attract investment to an area, and to support existing businesses by giving certainty for developers, reducing timescales and reducing the costs associated with making a planning application.

LDO’s can be made by a local planning authority to extend permitted development rights, or grant planning permission, for specific development proposals or classes of development in a particular area. This can include changes of use, small-scale developments such as changes to signage or to shop fronts or can permit entire new buildings . They are particularly useful in areas that have defined boundaries, such as masterplanning areas, town centres or enterprise zones.

LDO power are given to local authorities under section 61 of the Town and Country Planning Act 1990, amended by the Planning and Compulsory Purchase Act 2004. The Killian Pretty Review (2008) gave additional support for LDOs and the Planning Act 2008 made it easier to establish LDO’s by removing the need for orders to support policies set out in local development plans. The Town and Country Planning (Development Management Procedure) (England) Order 2010 states that ...Local Development Orders grant permission for types of development set out in the Order Schedule, which meet the requirements of the associated Design Code and planning conditions.

The National Planning Policy Framework 2012 (NPPF) states that local planning authorities should consider using Local Development Orders ....to relax planning controls for particular areas or categories of development, where the impacts would be acceptable, and in particular where this would promote economic, social or environmental gains for the area, such as boosting enterprise.... (ref NPPF) (NB Planning Planning Policy Statement 12 was replaced by the NPPF).

LDO's require public consultation, but this can be relatively fast, with the process of drafting an order, consulting the public and notifying the Secretary of State taking as little as two months

Developers can still apply for planning permission within an area affected by an LDO, but difficulties may be encountered if the application is contrary to the objectives of the order. Local development orders do not override restrictions relating to listed buildings, and conditions can be attached to developments permitted by an LDO.

Find out more

Related articles on Designing Buildings Wiki

• Enterprise Zones
• Localism act.
• Local plan.
• National Planning Policy Framework.
• Neighbourhood planning.
• Permitted Development.
• Planning permission

External references

• Design quality in local development orders (Wales)
• PAS: Local development orders: can they contribute to the new planning agenda?
• PAS: LDO top tips from the pilot authorities.
• PAS: Project planning.
• The Town and Country Planning (Development Management Procedure) (England) Order 2010 (the DMPO).
• The Killian Pretty Review (2008)