A charter for development control

Introduction

  • As the local planning authority, the Borough Council is concerned to promote good planning practice. It is equally concerned to ensure that the needs of the users and customers of the planning system are properly recognised.
  • Planning is the positive means of enhancing and protecting our environment whilst at the same time allowing the development necessary for our economic and social well-being to take place in an appropriate way. Most people become involved in it through the development control process, either as an applicant for planning permission or as someone affected by a development which is proposed or has taken place. It is essential that the various customers of this service clearly understand what they can expect from it if they are to continue to acknowledge its value to their local community.
  • This Charter outlines the practices which will be adopted by the Borough Council in discharging its development control functions and responsibilities. This Charter has been adapted from a model prepared by the National Planning Forum.

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The charter - its purpose

  • Development control is a process which regulates the development and use of land. It involves the consideration of planning applications, the monitoring of development as it takes place, enforcement action where breaches of control have taken place and the provision of information and advice about the system generally and individual proposals specifically. It is a process governed by the law and can be complex.
  • Development control is also a service to local communities. Its objective is to ensure that changes to our physical surroundings - buildings and land - are right for their purpose and location. A framework for development is set out in Government Guidance and in more detail in structure, local and unitary development plans. These are supplemented in some instances by local policies and advice. Planning applications are considered against this framework, in particular the adopted development plan for the area, but also any other material factors.
  • The aim is to make the best decision about each application, not necessarily the quickest. This means taking into account a proposals impact upon the environment and on the interests of the community. It may also mean balancing the needs of the applicant against the effect a development might have on neighbours and other people living nearby.
  • Applications, neighbours and the public generally are all customers of the Development Control Service. Many have little or no experience of how the system works. They must be treated positively, helpfully and equally. This Charter sets out how the service will be delivered. It defines the service and the standards to be met.
  • Some planning applications raise complicated issues. Some concern the specialist areas of minerals and waste disposal, or require assessments of their environmental impact. By their very nature such applications will take longer to deal with and be subject to some variations in procedure.
  • As with the Charter itself all letters and comments relating to development control will be written in plain language. The service will take into account the needs of ethnic and minority groups.

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Pre-application discussions asking for information and advice

  • Discussions will be welcomed with the applicant or agent before an application is made so as to encourage high quality applications and to ensure they can be dealt with as efficiently as possible. Applicants who do not seek advice or fail to follow it may find their proposal is delayed or refused when submitted. It will, however, help, particularly in the case of a specific proposal, to make an appointment to ensure that enquiries can be dealt with more promptly and effectively.
  • The Council will also offer a one stop shop service where consents under other legislation may be required. If a proposal is large or complex, a meeting can be arranged at which relevant officers can be present. If requested, confidentiality within the Council will be respected at this stage. If advice is sought by letter a response will be made within 14 working days. Telephone enquiries not capable of being dealt with immediately will be returned within one working day.
  • The information given will be accurate and the advice objective, but will be without prejudice to the formal consideration of an application. Information will be given about relevant planning policies and previous decisions and about the Council's requirements in relation to such factors as design and servicing standards. On request and where possible from the details provided, advice will be given about the anticipated outcome of an application, however, such advice presumes that any advice given is acted upon.
  • Advice notes will be made available on how to make a planning application and on the Council's requirements for common kinds of development. These will include how an application is submitted and considered, how the decision is made and the rights of access to information and documentation. Copies of the Council's planning policies and other relevant documents will be made available, as will general leaflets on the Development Control system and information about Council procedures and Committee dates. If requested, advice will also be given, where known, on the other approvals or consents which may be necessary, or on other steps which may need to be taken. Information will also be provided on the Council's website.

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Submitting a planning application

  • It is the applicant's responsibility to make sure that the application is submitted correctly. However, if needed, help or advice will be available for completing the application form which can be accessed online. The fee will be calculated.
  • If the application is incomplete or invalid, the applicant will be notified within two working days with an explanation of how this deficiency can be corrected. If the application is for a proposal which is "Permitted Development", or for which planning permission is not otherwise required, it will be returned within two working days and the fee refunded.
  • In order that the Council can process applications expeditiously the Council will not register applications which do not provide the requisite plans and supporting information. Each valid application will be registered and its receipt acknowledged within three working days. The Council has a number of targets to process applications expeditiously. Further information on this and other targets can be obtained in the Council's Service and Performance Plan (Best Value Plan). The rights of the applicant will be explained. In those cases where it is necessary for the application to be considered by the Planning Committee, then the applicant or agent will be advised a minimum of four working days prior to the meeting.
  • Some applicants may prefer to use their own professional adviser or agent. In such cases discussions and negotiations about the application will take place directly with the adviser.

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Dealing with an application

  • The case officer dealing with the application will be identified and his/her responsibilities defined. The case officer will, where necessary, make an early visit to the site. If access is required, a suitable appointment will be made where necessary.
  • Where it is clear that additional information is required the applicant will be notified in writing of the requirements and the reasons for them within one month of the receipt of the application. The council will also notify applicants at the earliest opportunity of the need for any legal agreements. A time limit for receipt of the draft agreement or other information will be given and the implications of non-receipt will be explained. If the need for further information arises while the application is being dealt with the applicant will be notified immediately of that need and the reason for it. If this information cannot be provided in a reasonable period the Council reserves the right to refuse the application.
  • If the application is unacceptable as submitted but minor amendments could be made to overcome its deficiencies, suggestions will be made to the applicant. A time limit for receipt of amendments will be set. Failure to meet this may result in the application being refused.
  • Applicants will be informed, on request, about the progress of applications and information will also be available on the Council's website. However, in many cases the Council may determine the application without further correspondence with the applicant or agent.
  • The Council will give reasons for its decisions. These will be explained by an officer of request. Having regard to Government targets, the Council will normally not allow more time unless the application is complex or if there is good reason for doing so.

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Notifying the public

  • The Statutory Register, which lists all current planning applications and past decisions, will be indexed. It will be available for inspection by the public during office hours. Copies of applications and of decisions made will be placed in the Register within three working days of receipt or of date made respectively. Decisions will be made available for inspection on the Council's website.
  • The Council's notification and publicity policy and how it relates to neighbours and to interest, amenity and residents' groups will be publicised. It will explain the rights of people wishing to make comments and how they can do so, how they can obtain information and how comments will be treated. The Council's policy is to notify all adjoining neighbours of an application. Applications may be inspected online and at the Council's offices. Weekly information about planning applications will be provided and publicised. Those people notified about a specific planning application will be advised how they can make comments upon it and will be allowed 21 days in which to do so. If material amendments are made to the application, neighbours will be re-notified at the council's discretion and allowed 14 days for further comment.
  • All comments received will be considered before a decision on an application is reached. If the decision is made by a Committee, members will be told about the comments and their relevance to the application will be explained. Comments received after the 21 day deadline will be reported orally to the Committee.
  • The Council has a policy of allowing the public to address the Committee in respect of certain planning applications which are of significant public interest.
  • All those originally notified by the Council of applications and organisers of petitions will be informed of the decision on the application within ten working days of issue of the formal decision notice. Information about the application and the decision will be made publicly accessible.

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Making the decision

  • The Council will publicise its own performance targets, setting out the timetable within which it will make decisions. If it has adopted a scheme under which certain kinds of applications can be dealt with under powers delegated to officers of the Council that scheme will be publicised.
  • Once a final decision has been made the decision notice will be issued to the application within three working days. Any conditions attached to a permission, reasons for refusal and/or any additional information or advice will be set out clearly and the reasons for them explained.
  • Some decisions can not be made until the applicant and other relevant parties have entered into a planning obligation. If an obligation is believed to be required an applicant will be told at the earliest opportunity during the life of the applications or at pre-application stage if appropriate so that negotiations over the form and content of the obligation agreement can be conducted concurrently with the processing of the application. A timetable for signing the agreements will be suggested and the implications explained. These should normally be signed within the relevant target period.
  • Where a decision has been made to refuse an application, changes or alternatives will be suggested, on request, where it is felt these could lead to a favourable decision on a revised application. The applicant's right of appeal against the decision will be explained.

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Monitoring development

  • Once full planning permission has been given, the applicant may need to submit for approval by the Council any details of the development which have not be agreed beforehand. These details will be described in conditions attached to the permission and approval must be sought before development can take place. In the case of straightforward matters, such as materials to be used, a decision will be issued or a request for further information will be made, within 21 days of receipt. In the case of more complex matters, such as landscaping schemes, a decision will be issued within eight weeks.
  • Development must be carried out in accordance with the approved plans. It is important that the Council's requirements are met and the permission is correctly implemented. The Council's policy on monitoring development as it takes place and the circumstances in which inspections will be made will be publicised. It is the applicant's responsibility to let the Council know if amendments to the approved development are necessary and the Council reserves the right to make further inspections if considered appropriate. The approval of any amendments will be dealt with promptly on receipt of amended plans.

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Enforcing the planning law and regulations

  • The Council's policy on enforcement is available to inspect. It explains the Council's enforcement procedures and practice.
  • When an alleged breach of planning control is reported or suspected, the site or premises will be inspected and other information sought to establish the facts. Where a breach of planning control is established the person responsible for the breach will be informed of what is wrong and what action should be taken to correct it. A time limit will be given and the consequences of not taking the appropriate action will be explained.
  • Complaints about alleged breaches of planning control will be treated confidentially within the Council so far as is practicable. They will be acknowledge within seven working days. The complainant will be notified of how the Council intends to pursue the matter and of the decision to take enforcement action, or not to do so and the reasons why not, as soon as it is in a position to do so.

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Complaints and performance

  • The Council will publicise its complaints procedures. All complaints about the way in which development control matters have been handled will be acknowledged within seven working days. All complaints will be fully and promptly investigated and the complainant will be given a written response recording the outcome of the investigation and any action the Council proposes to take. If no action is proposed the reasons will be explained. If dissatisfied with the response from the Service Head, the complainant may refer the matter to the Chief Executive in accordance with the Council's published procedure. If the complainant remains dissatisfied with the way in which the Council has handled the matter, the procedures for making a complaint to the Commission for Local Administration (the Local Ombudsman) will be explained. The Ombudsman will only consider a complaint that something has gone wrong, causing injustice to the person who has complained. He is concerned with the decision making process itself and not the merits of any particular decision.
  • The Council will publish its performance in relation to the Government and its own Service Plan targets.
  • The Council will publish an annual review of its development control performance. If it has fallen below its established service levels and targets, it will identify and detail the reasons for doing so and describe the measures it proposes to adopt to ensure targets are met. If justified by local circumstances, it will revise its targets. Complaints and the action taken upon them will also be identified.

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Conclusions

  • This Charter provides a clear statement of what can be expected from the Council's development control service. However, it must be recognised that the standards set will only be achieved if the Council is assisted by applicants and their agents. Applications can only be processed expeditiously if the Council's requests for additional information and/or amendments are actioned swiftly. There must be a joint commitment to providing an efficient and effective service by both the Council and applicants.
  • Throughout the development control process, officers of the Council give advice and information to applicants. Such information and advice is given in good faith. However, it does not prejudice the Council's duty to take final and formal decisions. Care must also be taken by all parties to avoid misunderstandings and in particular, any comments made by officers should not be taken to indicate what the Council's final decision will be. Failure to adhere to officers preapplication advice or to follow timetables for provision of information/amendments may lead to your application being delayed or refused. Whilst the Council will negotiate amendments to proposals, such negotiation will only take place where there is good reason and the applicant can demonstrate pre-application advice has been sought and followed.

February 1993
(as updated January 2008)