About the LDO
An LDO is a planning document which provides permission for specified types of development.
Planning legislation allows a Local Planning Authority (LPA) to make an LDO.
A separate planning application is not needed for a development covered by an LDO.
LPAs must consult on draft LDOs.
LDOs are usually time-limited to cover the length of time it may take for a development to be built.
The difference between an LDO and a regular planning application
For LDOs ‘permission’ is effectively granted upfront however, the same amount of assessment and scrutiny on whether development proposals are acceptable is undertaken by LPAs in making LDOs.
This happens earlier in the process from a regular planning application.
Planning applications are normally consulted on soon after they are submitted and assessment work is undertaken after consultation responses have been received.
For an LDO much of the assessment work is carried out before consultation and further assessment takes place after consultation as the responses are reviewed.
Stages of an LDO
Stage 1 - Preparation
This includes evidence gathering, drafting documents including the proposed LDO document itself and Statement of Reasons (setting out the reasons for making the LDO).
This stage also includes undertaking Environmental Impact Assessments (EIAs).
Stage 2 - Consultation
Local Planning Authorities must consult on LDOs (minimum 28 days). This includes consulting with ‘prescribed bodies’ (bodies set out in legislation) eg Environment Agency and Natural England and for London boroughs, The Mayor of London.
Consultation will also take place at the same time on the Environmental Statement (minimum 30 days).
This also includes any person who would have been consulted on a planning application seeking planning permission (including affected residents).
Documents will be available to view at the LPA’s principal offices and on the LPA’s website.
Notices will be published in a local newspaper, and site notices displayed.
If/when the LPA consider it appropriate to make an LDO the Council’s Strategic Planning Committee (SPC) will need to approve the draft LDO and other documents for consultation before any decision to adopt it can be made.
The LPA would produce a report which would go to SPC for approval. The SPC is a public meeting.
Stage 3 - Considerations of representations
LPAs need to carefully review and consider any consultation responses (also referred to as representations).
If an LPA considers it appropriate to take forward an LDO to adoption it will need to make any changes that it considers are needed following the review of consultation responses.
If significant changes are needed to documents the LPA may need to consult again.
The LPA will need to report the consultation responses and how these have been taken into account when seeking approval for adoption.
Stage 4 - Adoption
If/when an LPA considers it appropriate to adopt a LDO, approval is needed.
The LPA would produce a report for SPC to approve at its public meeting.
If the approval is received and the LPA adopts the LDO, it must send a copy of the adopted LDO, Statement of Reasons and any Environmental Statement to the Secretary of State.
It must place a copy of the LDO and Statement of Reasons on the planning register, and set out a timetable for future changes to the LDO or make clear where a LDO is time limited.
The Secretary of State cannot ‘call in’ a LDO (make a decision on it themselves) while it is undergoing the above process, but they can order revisions, or revoke a LDO once adopted.