In the fields of architecture and town planning, town planning is understood as the process of organizing and shaping the form of a city. According to this understanding, architecture is one of the spatial or physical elements that shape a city, so ar...
In the fields of architecture and town planning, town planning is understood as the process of organizing and shaping the form of a city. According to this understanding, architecture is one of the spatial or physical elements that shape a city, so architectural planning can be considered as a part of town planning. In the field of construction law, however, town planning needs to be understood differently from the way it is understood in the fields of architecture and town planning. This is because town planning, as a legal system, should establish standards and requirements to be considered during the building permit stage, in order to ensure legal stability for those who want to construct a building. When the administrative body establishes these standards and requirements and examines whether the architectural plan complies with them, this is called building control. The town planning system of each country may vary depending on the building control system adopted by that country.
The central principle underpinning the UK’s town planning system is flexibility. For historical reasons, the UK has developed a town planning system that can respond quickly and appropriately to rapid social change. The development plan, which covers the whole city, primarily sets out long-term, abstract land use and development strategies and policies. At the planning permission stage, where architectural plans are examined, the local planning authority has the discretion to make additional town planning decisions. These decisions may include specifying details of the abstract development plan, modifying existing building controls and introducing new building controls by having regard to material considerations beyond the development plan. Ultimately, planning permission in the UK functions similarly to a building permit in Korea, as it authorises the architectural plan while also serving as a practical mechanism for town planning, determining specific building controls on a parcel-by-parcel basis. However, unlike Korea’s building permit, the UK's planning permission does not grant approval for carrying out construction work. Therefore, even if an individual obtains planning permission, they must separately obtain building control approval under building regulations to legally proceed with construction.
Since the development plan primarily sets out abstract land use and development strategies and policies, specific building controls are determined only after the planning permission is granted. As a result, even if the development plan does not fully reflect social changes or regional characteristics, the local planning authority has the ability to make appropriate town planning decisions at the stage of planning permission by exercising broad discretionary powers. These powers are similar to those in Korean town planning, enabling the local planning authority to shape land use and development policies as if establishing the development plan. Additionally, applicants for planning permission have the opportunity to present a variety of creative architectural plans. However, the flexibility of the UK's town planning system does not always lead to positive outcomes. Applicants for planning permission are required to prepare architectural plans in advance, despite facing difficulties in predicting how the local planning authority will exercise its broad discretion. This broad discretion, which is essentially equivalent to that exercised in Korean town planning, may undermine legal stability.
On the other hand, in the UK, administrative authority over development plans and planning permissions is, in principle, held by local planning authorities which are well-informed and able to reflect the specific characteristics and current conditions of the local area. However, certain matters that ought to be addressed through town planning are of national importance or are trans-regional issues that involve two or more local planning authorities, and therefore require central government intervention. To address this, the UK has introduced a development order as a form of administrative legislation, allowing the Minister to exercise some or all of the planning permission powers directly. The development order does not require the public participation or representation procedures mandated for the development plan and planning permission. In the area of town planning, where various conflicting interests are involved, strong town planning powers such as development orders should be exercised only in exceptional circumstances. However, the Town and Country Planning Act does not impose specific limitations on the instances in which development orders can be used. Consequently, different types of town planning with different purposes and functions operate under a single format and procedure, the development order.