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Friday, 21 November 2008

The planning system - who decides what

The government has given responsibility for determining planning matters to local authorities. There are two main types of local authority - District and County Councils each of which perform different roles. There is also Unitary Councils which combine the roles of County and District Councils.

What District Councils do

District Councils deal with local planning matters as well as environmental health and rubbish collection. They prepare a Local Plan for their area and deal with the overwhelming majority of planning applications.

As part of the new plan system for England, all district councils will prepare a local development framework - a portfolio of local development documents to replace the local plan and manage how change takes place in the area.

What County Councils do

County Councils are responsible for services such as Education, Social Services and countywide planning. The County Council prepares a Structure Plan for the whole of their area and other plans that deal with minerals and waste.

What Unitary Councils do

In the past, unitary councils have prepared a Unitary Development Plan for their area. This combines both the Structure Plan and the Local Plan. As part of the new plan system, all unitary councils will prepare a local development framework.

Type of advice given

Local Planning Authorities employ professional planning officers to advise them in preparing Development Plans and making decisions on individual planning applications. These officers are an important source of local knowledge and advice, and should be your first point of contact.

The following link will let you enter details of where you live and then take you to your local authority website's planning pages where you can find out more.

What will happen next

When you submit an application for planning permission to the council, checks have to be carried out to ensure it contains all the information required by law.

These include:

  •  checking that all the forms have been completed correctly;
  •  location plans have been included together with detailed plans and elevations of any proposed building work;
  • ensure the correct fee has been submitted

If the application and supporting information are all correct the application is 'valid' and given to a case officer. If more information is required, the council will contact you before the application is validated.

Once your application has been validated and given to a case officer you will be notified by post. The council usually has an initial eight weeks (13 weeks for major applications) to determine a valid application. If amendments to plans or more supporting information is required then this period can be extended if both parties agree.

If your application has not been determined within eight weeks, you have the right to appeal to the Secretary of State for the Environment.

The council is required to notify any neighbours adjoining the site or other interested parties of the proposed development. A period of 21 days is allowed to receive any comments.

The council is unable to issue a decision before the end of this consultation period as the views of those consulted are taken into account in planning issues.

What case officers do

The case officer is the person allocated to deal with the application and they will be your main point of contact in regards to this. They will carry out site inspections and liase with the applicant and other interested parties to try and resolve any problems.

The case officer will prepare a report on the main planning issues relevant to the case, any consultations and will recommend whether or not the application should be approved.

The case officer's recommendation will be based on national planning guidance, council policies contained in local development plan and any representations received. The case officer will be able to provide details of a recommendation, if requested.

Making the decision

The council decides how your planning application will be determined. The majority of planning applications are decided by the council's head of environment under the delegation scheme.

The scheme applies to non-controversial applications for minor development such as house extensions, fences, small extensions or alterations to commercial premises and advertisements.

Called-in enquiries

Sometimes, planning applications are 'called in' by Communities and Local Government. This normally only happens with major or highly controversial applications. Called in enquiries are decided by the Deputy Prime Minister.

You can find out more about the application process on the Planning Portal

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