Once submitted, planning applications follow a strict procedure as set out in The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that must be followed by the Planning Officer when determining the application.
When an application is submitted, it undergoes a validation process. The local planning authority check the correct fee has been paid and review the application form along with submitted documents to ensure that sufficient information is provided, in line with the national and local validation requirements, to ensure the Planning Officer has complete knowledge of the proposal before determining the application. If insufficient information is provided, the application will be made invalid and the local authority will send a letter to the agent / applicant requesting the necessary information. Once sufficient information is provided, the application will be made valid and formally submitted.
Once the Council have received a valid application, they will have 8 weeks to determine applications for minor development, and 13 weeks to determine applications for major development. Most works constitute minor development however the following works are classified as major development:
- The winning and working of materials or the use of land for mineral-working deposits
- Waste development
- The provision of dwellinghouses where–
- The number of dwellinghouses to be provided is 10 or more
- The development is to be carried on a site having an area of 0.5 hectares or more
- The provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more
- Development carried out on a site having an area of 1 hectare or more
Validation is backlogged to when the local authority first received a valid application, meaning that if all required information was submitted on 10th March but the local authority only confirmed that the application was valid on 25th March, the determination deadline would be 8 or 13 weeks after 10th March. The local authority may also change the description of the development to better match the proposal, but this must first be agreed with the agent / applicant.
Once the application is made valid, it will be assigned a Planning Officer who will publicise the application on the local authority’s website, where all submitted documents can be viewed. The application will then undergo a consultation period where local residents and the relevant statutory and non-statutory consultees will be contacted, inviting them to make a representation. A window of 21 calendar days will be open for the above groups to make a representation. In some cases, the application may not be decided until the most relevant statutory consultee(s) have made a representation.
Most applications are determined under delegated authority. In this case, once the consultation period has ended, the Planning Officer will then have until the determination deadline to determine the application. They may undertake a site visit to assist them and will assess the application against national planning policy and their own development plan unless material considerations indicate otherwise. Where the proposed development conflicts with national or local policy, it may be refused. The Planning Officer will prepare a Decision Notice stating whether the application is refused, approved, or approved with conditions. The Decision Notice will be sent directly to the applicant / agent. The Planning Officer will also prepare an Officer’s Report discussing their assessment of the application and how they reached their decision.
Some applications are not determined under delegated authority but are instead determined at Planning Committee. This will occur when one or more of the specified ‘triggers’ of the local authority’s Scheme of Delegation or Constitution are met, which can relate to the number of representations made in support of or against the proposal, or whether it is ‘called in’ to committee by a local Councillor, etc. In this case, the Planning Officer will write a Committee Report discussing their assessment of the proposal and will provide the Committee with a recommendation for approval or refusal. The application will then be determined at an upcoming planning committee meeting and a subsequent Decision Notice will be published.
Some applications may not be determined by the determination deadline. This may occur as a result of a delay by the applicant if further information has been requested by the Planning Officer, or a delay by the local authority due to high workloads, or if they are waiting on a specific representation from a statutory consultee before they issue a decision. If this is the case, the Planning Officer may ask to agree an extension of time with the agent / applicant for the application to set a new determination deadline. It is at the agent / applicant’s discretion as to whether they agree to it, but there is a risk that the Planning Officer may refuse the application if they are still waiting on certain representations. If the application has not been determined 26 weeks after it was received as valid, the applicant / agent may be entitled to a refund on the application fee, unless an extension of time has been agreed in which case a refund may be requested 26 weeks from the agreement.
There may be aspects of a planning application which are unacceptable. In some cases, instead of refusing the application because of this, conditions can be imposed on a permission requiring the applicant to undertake a certain action or submit further information to be approved by the local authority that would then make all aspects of the application acceptable. These conditions can be attributed with a time limit within which the action must be undertaken or further information submitted by, including prior to commencement of the works, prior to first use or occupation, or within a specified time limit. Where a condition requires further information to be submitted and approved by the local authority, an application to discharge the condition may need to be submitted which takes up to a further 8 weeks for the local authority to determine and follows a similar procedure to planning applications under delegated authority. Where required, all conditions must be correctly discharged. If a condition is not adhered to, there is a risk that the works will not be lawful and may be chased up by the local authority’s enforcement team, which could potentially put the whole development project in jeopardy. Once all conditions have been dealt with, the development can be complete and will be lawful.
If the planning application is refused under delegated authority or at committee and you disagree with the decision, or you disagree with the conditions imposed on a permission, you can appeal it. A more in depth look at the appeal process can be found in our news article entitled “What is a planning appeal and how do I make one”.
We hope this provides you with a brief but good understanding of the planning process. If you are thinking of undertaking a project that might require planning permission, get in touch with Squires Planning and we will be happy to discuss this and potentially take your project forward for you.
