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Processing Applications
When a planning application is received it is checked to see that it complies with the statutory requirements and that the correct fee has been paid. A written acknowledgement is then sent. The Council then has eight weeks to make a decision. The Council deals with as many applications within this period as possible but inevitably some will take longer to decide. At the end of eight weeks, if no decision has been made, the applicant may appeal to the Planning Inspectorate against the non-determination of the planning application.
A lot of the time spent in processing an application involves consultations with other bodies. These include the River and Water Authorities, other Departments of the Council as well as neighbours considered to be affected. Many forms of application are also advertised in the local press and on the site.
An inspection of the site is always carried out by the planning officer dealing with the application. The officer will consider approved plans and policies and the likely effects of the proposed development on the amenity of the area and neighbouring development, before making a recommendation on the application.
Applications are considered either by the Borough Planning Officer under his delegated authority or by the Planning Committee. The Planning Committee deals with the larger and more controversial applications and normally meets once a month. Once a decision has been made a written notice of decision is sent to the applicant (or agent) which lists, in the case of permission, any conditions imposed and, in the case of a refusal, the reasons why the application has been refused.
The leaflet 'Your Planning Application - a simplified guide to the planning decision making process' is available from Planning Services, or alternatively from the Useful Leaflets download area of this site.
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Third Party Interests
The elected members of the Council represent the interests of the community. When determining applications they must take into account any relevant views on planning matters expressed by neighbouring occupiers, local residents and any other third parties. For example, opponents of a development proposal may highlight factors such as traffic problems or the scale of a proposed development in relation to its surroundings. These are land-use planning issues and thus comprise material considerations which must be taken into account in deciding the case.
The Council welcomes the views of the community on planning applications but it must be remembered that local opposition to a proposal is not in itself a ground for refusing planning permission. Such opposition must be founded upon valid planning reasons which can be substantiated.
It must also be recognised that the planning system does not exist to protect the private interests of one person against the activities of another, although sometimes private interests may coincide with the public interest. The basic question is not whether the owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest. Good neighbourliness and fairness are among the yardsticks against which development proposals can be measured. As an example, it might be relevant to consider the question of 'overlooking' or loss of privacy experienced by a particular resident but always the test is whether the matter is one of public interest.
If you are a neighbour and want to comment on a planning application you can do so in a number of ways:
Most applications are determined by the Planning Officer under powers delegated by the Council. However, some applications will be decided by the Planning Committee. These will include applications where there are three or more objections or where a petition of objection is received. A petition is a 'joint' objection which must contain ten, or more, signatures submitted in writing. Petitions cannot be accepted electronically and we must receive the original. It is the normal practice for the Planning Committee to invite a representative from the petitioners and the applicant to speak to them at their meeting if the Planning Officer is recommending that permission be granted.
Vist our information and advice pages for further information.
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The Right of Appeal
The applicant has the right of appeal to the Secretary of State against a refusal of planning permission or against any condition attached to a permission or if a decision has not been made within a set period.
Appeals may be considered in one of three ways:
- at a Public Inquiry presided over by a Planning Inspector
- by an Informal Hearing, also heard in front of an Inspector, or
- by means of Written Representations to the Secretary of State (this is the quickest procedure)
Inspectors are independent and are appointed by the Secretary of State.
Appeals can be lodged online at www.planningportal.gov.uk
Forms can also be obtained from the Planning Inspectorate at:
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Telephone: 0117 372 6372
- or from the Planning Inspectorate website.
