Planning Decisions
A number of levels of administration from the individual citizen to central government and the courts can become involved in deciding planning applications. However, the local planning authority alone deals with most of them.
The process begins when you as an individual householder, a business or some other organisation decide to develop some land or a property. You should begin by checking with the local planning authority that the development does require planning permission. Their planning department will be able to point out if there are any obvious problems with the proposal, and perhaps suggest adjustments that could help you to get permission.
If there is much detail to be looked into, it may be sensible to make an 'outline' application first. If it is approved then a more detailed application, with full architect's drawings, can be put forward later.
The local planning authority will aim to determine a planning application within eight weeks of its being validated. However, they may request to extend this period. This could happen if, for instance, the issues involved are complex, or a lot of people are affected by the proposed development.
If your application is refused, you have the option of lodging an appeal. This will be heard and decided by a Planning Inspector. On rare occasions the original application will be 'called in', or the decision on appeal will be 'recovered', by the Office of the Deputy Prime Minister (ODPM - previously Department of Transport, Local Government and the Regions (DTLR)) for the Secretary of State's decision.
You can also lodge an appeal if the permission is granted subject to conditions that you find unacceptable, or if the local planning authority fails to determine the application within the eight-week period (or the agreed deadline if this period was extended)
The applicant
The applicant is the person or the organisation
- putting forward the proposal and
- responsible for paying the appropriate fee.
If you're planning to make an application it's usually a good idea to discuss your ideas informally with any affected neighbours at an early stage.
As the applicant, you are responsible for carrying through the project in accordance with the planning permission, and with any conditions that the planning authority have attached to it. With the help of their advisers (if they have any), applicants also decide whether to appeal against a refusal.
The agent
The agent is the person or organisation employed by the applicant to make the application on their behalf. As an applicant you are not obliged to employ an agent, and it is your decision whether to use one or not.
The local authority
The local authority receives the application and places it on a register, available for public inspection. It publicises the application and begins to process it, taking due account of all comments received.
Planners working for local planning authorities may have powers delegated to them to decide minor matters themselves. Otherwise they present a recommended decision to the Planning Committee, which is made up of elected councillors. The councillors make the decision. They do not always follow their officers' advice.
Central government and Government Offices for the regions
Large proposals or controversial applications of national significance may occasionally be 'called in' so that the First Secretary of State (Office of the Deputy Prime Minister (ODPM)) can decide them. The Government Offices for the regions may also 'recover' an appeal on an issue of particular concern to the Secretary of State, who will then take the decision after considering the Inspector's report.
Other organisations
Some national organisations with special expertise, such as the Environment Agency and English Heritage, have the right to be consulted about planning applications in certain circumstances. Local planning authorities also sometimes consult a local organisation, such as a Civic Society or branch of the Council for the Protection of Rural England, though they are not obliged to do so by law.
Contact
Last Updated
27 November 2006
Page last updated on 27 November 2006
