Applying for Planning Permission - Advice

1. How do I make a Planning Application?
2. How can I help make sure my application is approved?
3. Does the planning process affect how a building is constructed?
4. How will other people who may be interested get to know about a Planning Application?
5. If people want to oppose or support a Planning Application, how do they make their views known?
6. What matters does the local authority take into account in determining the application?
7. How long does it take to approve or refuse a Planning Application?
8. Who makes the decision?
9. How will I know when the Planning Application has been decided?
10. What can I do if the application is refused?
11. Flowchart for making a planning application

 

1. How do I make a Planning Application? (Also refer to Planning Application FlowchartFile Type: Adobe PDF document, File Size:7.19 Kb (1 seconds @ 56K) Opens in a new window)

1.1 A full application, on the appropriate forms, with detailed plans and drawings of your proposal is usually required. All Planning Applications are available for public inspection. In most cases you will also have to pay a fee - the Government sets these.

1.2 It is advisable to see what the Council thinks about a development proposal before you go to the trouble of making detailed drawings. In such cases it might be possible to make what is termed an 'Outline Application', but you will have to provide further details later on if the development is approved in principle. In either case you can arrange to meet with a planning officer to discuss your proposal before submitting an application and having plans drawn up in detail. In the case where a major development is proposed the Council may be able to assemble a team of all relevant professional officers to assist in discussing your proposal.

2. How can I help make sure my application is approved?

2.1 In addition to speaking to a planning officer, you can help maximise your chance of success by complying with the Development Plan policies that apply for your type of application. If you don't comply, you will need to set out convincing reasons why your proposals should be approved.

2.2 For many of the most common types of application (like house extensions, satellite dishes and shop fronts), the Council provides additional help in the form of leaflets or development briefs (called Supplementary Planning Guidance (SPGs)).

3. Does the planning process affect how a building is constructed?

3.1 No. There is a separate system of Building Regulations for that. You may also need approval under the Building Regulations before you start work, even if your proposal does not need Planning Permission or indeed if it is granted Planning Permission.

3.2 The Building Regulations protect the health and safety of people in and around buildings and make provision, amongst other matters, for energy conservation and access for disabled people. The regulations require that anyone carrying out building work notify the local authority at nine stages of the construction. This ensures that the Council has adequate time to inspect the works at these various stages. In order to ensure full compliance, other inspections are carried out either on a routine basis within specified time periods or at certain other important construction stages (e.g. particular structural components).

4. How will other people who may be interested get to know about a Planning Application?

4.1 All Planning Applications have to be publicised by law. The Council writes to the occupiers of neighbouring properties, and in some cases to local amenity groups and appropriate statutory bodies asking for comments. A minimum period (21 days) is allowed for replies. The Council will consider any valid objection or support to a planning application, even if outside the consultation period as long as that application has not already been decided. Complete a Representation Form.

4.2 For major proposed developments and those contrary to the Development Plan or affecting areas or buildings subject to special control (e.g. Conservation Areas, Listed Buildings) and public rights of way the proposal is required to be advertised (by the Council) in a local newspaper.

5. If people want to oppose or support a Planning Application, how do they make their views known?

5.1 Anyone wishing to comment on a Planning Application normally inspects the proposals at the Council Offices and then sends comments to the officer dealing with the case. When making comments it is important to understand that applications can only be refused for good planning reasons. The Council cannot take into account non-planning matters such as loss of property value, land ownership or matters dealt with under other legislation (such as the impact on foundations - the Building Regulations). Make a representation to a planning application.

6. What matters does the local authority take into account in determining the application? Guidance Notes on representation.

6.1 The Council is required to formally consult a range of statutory organisations, which will vary according to the type, and nature of the proposed development. Most commonly this will include the Highway Authority, the Environment Agency, and local parish councils. A number of non-statutory consultations may also be carried out, e.g. with the Police on crime prevention matters.

6.2 The Council is required by law to ensure that development is in accordance with the adopted Development Plan, however, it can also take into account any other material consideration. This is likely to include relevant issues such as the planning history of the site in question, relevant SPGs, recent legal case law, physical site constraints and amenity issues (e.g. overlooking, density, daylighting, parking, trees, etc).

6.3 Where, as a result of the proposed development being implemented, there is likely to be a significant impact on local infrastructure not directly within the site in question (such as the highway network or sewers) or where there are particular deficiencies in service provision in the locality which the development would make worse, the local authority may negotiate a legal agreement with the applicant to ensure these matters are rectified at the developers expense.

7. How long does it take to approve or refuse a Planning Application?

7.1 The legislation requires Planning Applications to be determined within eight weeks. Since it is not always possible to decide every application within this time, the Government has imposed a target of determining 80% within the statutory 8 week period.

7.2 You have a right to appeal to the Secretary of State for the Environment if your Planning Application is not decided within eight weeks. However it is a good idea to contact the Council before appealing - the appeal process can be lengthy and the application may soon be decided.

8. Who makes the decision?

8.1 The Head of Planning, Development and Homes normally decides the majority of planning applications, under powers delegated to him by the Council. This is normally for most of the smaller and straightforward applications. Major or controversial applications tend to go to the Council's Planning Applications Committee. This Committee is made up of elected Councillors. The Assistant Chief Planner (Development Control) prepares a report to the Committee giving his/her recommendation on each application. Objectors and applicants (or their agents) are given the right to address the committee.

8.2 The Committee will decide at the meeting whether to approve or refuse the application. In some cases it may be deferred to another meeting, for example so that Councillors can receive additional information or when applications that are recommended for refusal which the Committee wishes to approve.

8.3 To ensure that all planning decisions are fair and above board, contacts between applicants and Councillors and officers are controlled by a strict code of practice.

8.4 In some circumstances the decision may be referred to, or called in by, the Secretary of State for the Environment for his determination, for example where the proposal represents a significant departure from the Development Plan. This may involve a public inquiry before an independent Inspector to advise the Secretary of State for the Environment. Separate performance standards apply for the Secretary of State, and this process can add significantly to the time taken before a decision is formally issued.

9. How will I know when the Planning Application has been decided?

9.1 The applicant will be sent a decision notice. For most types of application this will be either an approval, usually with conditions that must be complied with (and the reasons for the imposition of the condition), or a refusal stating why the application was unacceptable.

9.2 For those who commented on a Planning Application the Council will send them a letter (if you have requested one and enclosed a stamped addressed envelope submitted in advance) notifying them of the decision - this will detail the decision and any conditions, refusal reasons or informative notes that were attached.

10. What can I do if the application is refused?

10.1 If the application has been refused you have a right to appeal to the Planning Inspectorate. The appeal, which is heard by an independent Planning Inspector, must be lodged within six months of the refusal (a shorter period of eight weeks in the case of advertisement consent refusals). The Inspector's decision is final, and you will have no further right of appeal except on a point of law to the High Court.

10.2 Appeals are usually expensive and time consuming. Before opting for this line of action, it is a good idea to consult the Planning Officer who dealt with the proposal to see if there is any scope for negotiation. It may be possible to agree on a new application that will meet the Council's requirements. If you do opt to appeal you may wish to consider employing a specialist adviser to conduct the appeal for you.

11. Flowchart for making a planning application

NB Numbers in boxes below refer to relevant section numbers above.
View the Planning Application Flowchart
File Type: Adobe PDF document, File Size:7.19 Kb (1 seconds @ 56K) Opens in a new windowTo read the Flowchart in pdf format you will need Adobe Acrobat Reader which is free to download Opens in a new window