When you submit a planning application, the local planning department undertakes a thorough process to determine whether your proposal should be approved or denied. This process involves multiple steps and considers a variety of factors to ensure that any development aligns with local and national planning policies.
How do local planning departments determine applications?
Initial Review and Validation
The first step in the process is the validation of your application. The planning department checks that all necessary documents, plans, and fees have been submitted. If anything is missing or incomplete, they will request additional information before the application can proceed.
Consultation and Public Involvement
Once the application is validated, the local authority consults with various stakeholders, including statutory bodies (like the Environment Agency or highways authority), local residents, and community groups. This consultation period typically lasts a few weeks and allows interested parties to submit comments or objections. Many Local Authorities in the UK are looking at ways to incorporate AI - artificial intelligence - into the planning system and this should speed up and streamline consultations, public involvement and decision making.
Site Visits and Assessments
Planning officers will often visit the site to assess the proposal's impact on the surrounding area. They consider factors such as the size and design of the development, its effect on local amenities, the environment, and the character of the neighborhood. The officers will also evaluate whether the proposal complies with the local development plan and national planning policies.
Consideration of Material Considerations
The planning department bases its decision on “material considerations,” which include aspects such as the potential impact on traffic, privacy, noise, and the preservation of historical or environmental sites. Economic benefits, such as job creation or housing provision, are also taken into account. However, non-planning issues, like property values, noise during the building works or personal disputes, are not considered.
Decision Making
The planning officer compiles a report that summarizes the findings from the consultation and assessment phases. This report includes a recommendation to either approve or refuse the application. Smaller, straightforward applications might be decided by a senior planning officer under delegated powers. However, more significant or controversial applications are often referred to the local planning committee, which is composed of elected council members.
During the planning committee meeting, members review the officer’s report, listen to any public representations, and discuss the application before voting on the decision.
Notification of the Decision
Once a decision is made, the applicant is notified in writing, usually within 8-12 weeks from validation of the application. If approved, the permission may come with conditions that need to be met. If the application is refused, the reasons for refusal are outlined, and the applicant is informed of their right to appeal.
Appeals Process
If an application is refused permission, the applicant has the right to appeal the decision to the Planning Inspectorate. The appeal process provides an opportunity to have the case re-evaluated, although it can be a lengthy and complex procedure. 4D Planning have a lot of experience preparing strong and convincing appeals. Get in touch for a quote and to discuss the prospects of wining an appeal for your refused application. See here samples of our successful appeals: www.4dplanning.com/planning-appeals
Conclusion
The determination of planning applications is a detailed and structured process that ensures developments meet legal, environmental, and community standards. By considering a wide range of factors and involving public participation, the local planning department works to balance the needs of development with the interests of the community.
Further information:
Section 70 (1) of the 1990 TCP Act provides that where an application is made to a local planning authority for planning permission:
(a) they may grant planning permission, either conditionally, or subject to such conditions as they think fit; or
(b) they may refuse planning permission
Types of Planning Decisions
- Approve
- Approve with Conditions
- Approve subject to Legal Agreement
- Refuse
- Non-Determination
Section 70 (2) of the 1990 TCP Act provides that the local planning authority, in dealing with an application for planning permission:
“shall have regard to the provisions of the development plan so far as material to the application, and to any other material considerations”.
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