Development Control - What Happens to My Application

The Councillors and Council Officers who decide your application must consider whether there are any good planning reasons for refusing planning permission or for granting permission subject to conditions. The Council cannot reject a proposal simply because many people oppose it. They will look at whether your proposal is consistent with the Development Plan for the area (Unitary Development Plan 'UDP'). The kind of planning issues they can also consider include potential traffic problems; the effect on amenity and the impact the proposal may have on the appearance of the surrounding area. Moral issues, the personal circumstances of the applicant or the effect the development might have on nearby property prices are not relevant to planning and will not normally be taken into account by the council.

• Registration
• Publicity
• Consultation
• Examination and Site Inspection
• Assessment
• Amendment
• Delegated Decisions
• Reports to Committee
• Site Visit
• Appeals
• The Decision

Registration

On receiving the planning application, the Development Control Team check that it is valid, contains all the necessary information and the correct fee. The details are then entered onto a register.

Publicity

Planning Applications are never confidential. By law, information about them must be made available to the public, and anyone may ask to see any current planning application, at the Development Control Office.

Applications for certain classes of development (for example scrapyards and tipping) must be advertised in the local press and on site, by law. The Council however goes well beyond this statutory requirement and notifies neighbours of all proposals likely to affect them. Minor proposals such as house extensions are publicised by letters sent to neighbours. For major or potentially controversial projects there is widespread notification of local residents and it is sometimes arranged for plans to be displayed locally in branch libraries. In addition, lists of planning applications received each week are published in local newspapers. The procedures are designed to ensure that everyone likely to be affected by a planning proposal should have the chance to make their views known.

Consultation

The Development Control Team often has to consult other council services and also outside bodies. Consultees have between 14 and 28 days in which to reply.

The views of the public and various organisations are taken fully into account.

Generally such comments are useful in reaching a decision. However, certain types of arguments put forward have to be disregarded. These include, for example, objections to an application on personal grounds, objections from trades people where an application represents potential competition, and objections on moral grounds - for example in the case of betting shops or an amusement arcade. Others which can not be given weight are the effect of the proposal on the value of an individual property, or the obstruction of an attractive view.

Examination and Site Inspection

For some applications the form and plans may not give sufficient information for the Development Control Team to fully understand the proposals. In these cases they will write to the applicant or their agent, specifying the information they require. A meeting may sometimes be necessary. Although the Development Control Team attempt to identify at an early stage additional information, consultees may also ask for additional information.

Assessment

The Development Control Team consider the information contained in the application, the replies of consultees, and any public reaction, against the framework of the Development Plan for the area, before reaching a recommendation on whether planning permission should be granted, subject to conditions, or refused.

Amendment

The assessment may reveal that planning permission cannot be granted unless certain aspects of a proposal are changed. The Council's philosophy is to encourage acceptable development wherever possible and the Development Control Team will agree changes or amendments to the original proposal to enable them to make a favourable recommendation. Negotiations, though sometimes time consuming, result in a better quality of development, and avoid the delay and expense of an appeal.

Delegated Decisions

In order to speed up the planning permissions in straightforward cases, the Council operates a system of delegated decisions, when the Assistant Director of Planning & Transportation is authorised to grant permission to a wide range of minor development proposals. This includes house extensions which are consistent with Council Policy irrespective of whether objections from neighbours have been received.

Reports to Committee

The Planning Regulatory Board meet every 3 to 4 weeks to determine planning applications. The Assistant Director of Planning & Transportation prepares recommendations on planning applications and, in some cases, a full report is prepared.

Site Visit

For some applications, the Planning Regulatory Board may feel that they cannot make a decision until they have visited the site. This is arranged prior to the next Committee meeting. Applicants will be advised of the details of any site visits and may attend if they wish.

Appeals

Applicants may appeal to the Secretary of State against refusal of permission or the imposition of particular planning conditions which they feel are inappropriate.

The Decision

When you get permission read the decision letter with care. There may be conditions attached and if these are not observed then you could become liable to enforcement proceedings including prosecution.

Related Links:

• What Happens if my Planning Application is Refused
• Regulatory Board Agenda Schedule and Minutes