How we determine planning application's
Cartoon of a badly planned garage
Information about how we determine planning application's
The method of handling application's for planning permission is laid down in Section 70 Town and Country Planning Act 1990 (TCPA) and Town and Country Planning General Development Permitted Order 1995 (GDPO).
When an application for planning permission is received by the local planning authority, it is checked for completeness and validity and entered in the statutory register and acknowledged. It is then processed by officers of the authority which then carry out such consultation's as may be necessary. Each application is considered on its individual merits against the background of the development plan and any other material considerations (S.70(2) TCPA 1990).
In dealing with the application the planning authority may grant planning permission, either unconditionally or subject to such conditions as it thinks fit, or it may refuse permission (S.70(1) TCPA 1990).
Section 70 TCPA 1990 provides that a local planning authority, when determining an application should have regard to the provisions for the development plan in so far as material to the application and to other material considerations’. This requirement should be applied in the context of S.54A TCPA 1990 which introduces a presumption in favour of the development plan.
This obviously places great weight on the development plan but also shows that other considerations can override policies set out within the plan but only in exceptional circumstances.
Development Plans
This is defined as the combination of the structure plan, local plan and minerals and waste local plan in Lancashire. They set out the policies which apply to all developments as required under s 54A.
Planning Policy Guidance Notes
These are guidance only, produced by the Government covering general and specific planning aspects. There are 25 PPG’s in total. They are a material consideration in dealing with application's.
Regional Planning Guidance
Whereas, PPG’s cover the national planning policies, RPG sets out the broad strategic policies at the regional level.
Circulars
Circulars provide the statutory framework of how the Government wants authorities to implement its policies and guidance.
Supplementary Planning guidance
These supplement the policies contained in the development plan at the local level. May include design briefs and practice notes for Development Control requirement.
Other Material Considerations
Relevant ones are
Impact on neighbours’ amenities
Design
Streetscene
Highways
Irrelevant ones are
Loss of view
Loss of value
Land ownership
NIMBY
Other issues relevant to the proposal are planning policy guidance notes e.g. PPG2 Green Belts Supplementary Planning Guidance, e.g. ‘The Shop Front Design Guide’.
Circulars e.g. 22/91 ‘ Travelling Show People.’
Other material considerations are essentially, any issues which relates to the use and development of land. The weight to be accorded to each such issue will depend upon the particular facts of the case.
THE DECISION
Delegated decisions – the council is aiming to determine 90% of its application's through the delegated process in line with government guidance.
Committee decision – a full report will accompany each application which is placed before the planning committee. This will set out the main issues pertinent to the proposal, followed by a recommendation of the proposal, by the Business Unit Manager.
CONDITIONS
Almost all planning permission that are granted are subject to conditions. The imposition of conditions on planning permission is, therefore, an extremely important part of the development control process. Conditions can enable approval to be given for proposals which might otherwise have to be refused. Conditions can also enhance the quality of the development.
To be valid, conditions must fairly and reasonably relate to the permitted development. The planning authority is not at liberty to use its powers for an ulterior object, however, desirable that object may seem to it to be in the public interest.
Conditions should only be imposed where they are
a.necessary
b. relevant to planning
c. relevant to the development to be permitted
d. enforceable
e. precise and
f. reasonable in all other aspects.
SECTION 106 AGREEMENT
Section. 106 Agreement is an agreement or instrueent entered into by a person interested in land, either with the LPA or other relevant bodies, and which restricts either the development or use of the land or requires some specified operation's or activities to be carried out. It can also be used to secure a sum of money to be paid to the authority for some specified purpose.
REFUSALS
One of the courses open to a planning authority in dealing with an application for planning permission is to refuse it. Where an authority refuses planning permission the notice must state, clearly and precisely, the reasons for that refusal (Art.22 TCP GDPO 1995).
