Town Planning Schemes: What They Set and How to Influence Them
A plan is the document that determines what may be built on a plot: the designation, the building rights, the height, the building lines and the permitted uses. It is settled in a public process in which an owner has a right to object, but only within a fixed window. This guide covers the hierarchy, the process and the deadlines.
What a plan sets
A town planning scheme is a statutory document made up of a map and provisions. For each plot it settles:
- The designation: residential, commercial, industrial, open public space, public building, road.
- The building rights: the percentage, the permitted floor area, and the number of dwelling units.
- The envelope: the number of storeys, the height, and the building lines relative to the plot boundaries.
- The permitted uses within each designation, and sometimes specific conditions and limits.
Every permit application is examined against the plan in force. Anything that does not conform requires relief, permission for non-conforming use, or a new plan.
The hierarchy of plans
Several plans usually apply to a single plot at the same time, in a hierarchy. A plan at a lower level cannot contradict one above it.
| Level | What it settles |
|---|---|
| National outline plan | National policy on a particular subject, such as infrastructure or conservation |
| District outline plan | Land designations at district level |
| Local outline plan | The planning policy of the local authority |
| Detailed plan | The concrete provisions under which a permit can be issued |
The answer to what may be built is therefore not in one document but in the accumulation of several, which is why it is delivered in the information file produced by the local committee.
The approval process
- Submission and preliminary review of the plan by the planning institution.
- A decision to deposit, sometimes on conditions to be met beforehand.
- Publication of the deposit, from which the objection window runs.
- Hearing of objections and a decision on them.
- Approval of the plan and publication giving it force. From that date the plan applies.
The process usually runs for years rather than months. For an owner that means a plan capable of affecting him has been in progress for a long time before he hears of it, so monitoring is what makes it possible to respond in time.
Objecting to a plan
Once the deposit is published, anyone who considers himself harmed by the plan may object. That is the real point of influence: once the plan is approved, changing it is far harder.
| Step | Time limit |
|---|---|
| Filing an objection from publication of the deposit | 60 days, extendable by a further 30 |
| Response by the party who submitted the plan | Up to 21 days from the end of the objection period |
| Notice of the hearing date | At least 14 days in advance |
| Appeal against rejection of the objection | 15 days |
A good objection is not a statement of principle but a reasoned planning argument: which provision harms you, how, and what alternative is proposed. A valuation or planning opinion strengthens it materially.
The effect on value
A plan changes value in both directions, and each direction has its own mechanism:
- Betterment. A plan that raises the value of the property creates a liability to the betterment levy at half of the betterment, payable on realisation of the rights, meaning on sale or on the grant of a permit.
- Diminution. A plan that reduces the value creates a right to compensation under section 197 of the Planning and Building Law, claimed from the local committee.
A section 197 claim is limited to three years from the date the plan took effect. That is an absolute date and does not run from when you learned of the harm. Section 200 of the Law lists situations in which no compensation is payable despite the harm, so the position is examined case by case.
How to check what applies to a plot
- An information file from the local committee. That is the authoritative source, gathering all the plans in force, the building rights and the spatial guidelines.
- The online planning information systems, which allow plans to be found by block and parcel, including plans still in progress.
- The planning status map on the local authority website.
- Checking plans in progress, not only those in force. A plan deposited but not yet approved may bear on whether to buy at all.
In a property transaction this check matters no less than the registry extract. The extract says what is being sold. The plan says what can be done with what is being sold.
Every case is examined on its own facts. For a consultation with a lawyer from the real estate department call 02-5953322, send a WhatsApp message to 050-4411343 or leave your details in the form below, and we will get back to you as soon as possible.
What people ask most often
How do I find out which plan applies to my plot?
The plan has already been approved. Can I still object?
What is the difference between an outline plan and a detailed plan?
The plan reduces the value of my property. What can be done?
What happens if a plan increases the value?
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A plan that affects your property
We accompany developers and landowners in plan proceedings: from advancing a plan to objecting to someone else’s. Tell us about the plot and what is planned around it, and we will shape the right step together.