When you submit a planning application, we will check to make sure that it is valid. We will look at the content of the drawings and supporting documents you have provided, check if the forms and certificates have been completed and that the necessary fees have been paid. If there are any deficiencies in your application at this stage, we will tell you what they are and what has to be done to rectify them. When we are satisfied that the application is valid, we will notify the relevant neighbours.
In the past, it was the responsibility of the person making the application to do this, but the task is now performed by the planning authority. The legislation which introduced this change requires that we advertise an application for development in the press if there are no buildings on the neighbouring land to which a notice can be sent. If we have to advertise the proposal, the cost has to be recovered from the applicant, and a decision cannot be issued until it has been paid.
A valid application will appear on the next available weekly list and will be advertised if required as soon as possible.
Weekly Lists
The preparation and publication of Weekly Lists of new applications continues, but we now have to produce a List of Extant Applications as well. This is required to be published on-line. The Council complies with this requirement in its existing online planning system|.
Internet access is available via computer terminals in local libraries, and in our Planning Reception area. The system also contains a map-based facility representing the Index to the List.
Statutory Register
The need to maintain a Register of determined and undetermined applications continues. Our Online Planning System represents the Statutory Register and we have established the use of this facility in our Planning Reception area. In line with Government plans, we are gradually moving away from the practice of maintaining a paper-based Register system.
Publication of Notices in the Press
Press Notices will continue to be required for advertising. However the Regulations introduce new arrangements for the recovery of the costs involved:
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Listed Building and Conservation Area Consent applications;
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Departures from the Development Plan (fee payable by the applicant);
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"bad neighbour" developments (fee payable by the applicant);
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where there are no premises on neighbouring land to which a notice can be sent (fee payable by the applicant);
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where owners cannot be identified (fee payable by the applicant);
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applications requiring environmental assessment;
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applications for Hazardous Substances Consent (advertised by the applicant 21 days prior to submission of the application).
Reports of Handling
This is a new term for the officer's report on an application. It is required to be placed on the statutory Register and contain a minimum level of information set out in the Regulations. The Council already practices the preparation of comprehensive written reports on many applications and will make these available on its Website (Online Planning System).
Time Periods for Determination
The planning authority has four months to determine applications for planning permission for national developments or major developments and 2 months to determine applications for planning permission for local developments. Applications for approval of matters specified in conditions attached to planning permission in principle are subject to a 2 month time period. These time periods run from the validation date.
The two month time period for determining applications also applies where an applicant seeks the approval, consent or agreement of the planning authority as a result of a condition attached to a planning permission. The periods may in certain cases be extended by mutual written agreement. Where a Processing Agreement specifies a required longer period, this is the timescale which is relevant to making an appeal.
Power to Decline to Determine Repeat Applications
The Act contains provisions for Councils to decline to determine planning applications. This relates to where repeat applications are being submitted and links to the determination and appeal history of similar applications during the previous two years.
Statutory Pre-Determination Hearings and Decisions by Full Council
These are new processes and relate to all "national" category and "major" category applications where the application is a significant departure from the development plan.
The Hearings are held before a Committee and the applicant and those making representations have a right to be heard. For such applications the Full Council makes the decision, as opposed to a Committee.