Planning Practice Note
Access to Planning Information
INTRODUCTION
South Shropshire District Council as Local Planning Authority (LPA) encourages public participation in the planning process because planning decisions can give rise to significant effects for local residents and communities. For the planning process to work effectively, people need to have access to information. It is the Council's policy to make as much information available to the public as possible.
This Practice Note describes the planning information available to the public in South Shropshire. It describes:
- the information which must be available by law;
- the wider range of information which the LPA makes available in practice in its 'open file policy';
- certain limitations on access to some files and papers;
- the right to have copies of most papers which are available;
- information that may be given orally by Officers.
LEGAL OBLIGATIONS ON THE LPA
Development Plans
In South Shropshire the Development Plan consists of:
- Regional Spatial Strategy (RSS)
- the Shropshire and Telford & Wrekin Joint Structure Plan;
- the South Shropshire Local Plan;
- the Minerals Local Plan;
- the Waste Local Plan (in preparation by Shropshire County Council).
The Development Plan and any formal proposals to alter, replace or modify any part of it must be available for public inspection. The Council has saved its local plan policies and is now producing a Local Development Framework to replace the Local Plan.
More Information on Local Development Framework click on link:
http://www.southshropshire.gov.uk/static/page1691.htm
Copies of these documents are available for inspection during office hours at Planning Reception and at larger public libraries. Copies may be purchased from the originating Council.
Development Control
The LPA must maintain planning registers which are available for public inspection. These are:
- the planning register which is in 2 parts:
- all current planning applications including plans and drawings, supporting information, Environmental Statements, and decisions;
- all decisions, Planning Obligations (section 106 agreements) and appeal decisions relating to past applications;
- the register of Certificates of Lawfulness;
- the register of Enforcement Notices and related Stop Notices.
Copies of these documents are available for inspection during normal office hours at Planning Reception.
The planning registers are kept partly as paper systems and partly on a computer system. The computer system can be searched for particular records by text information or geographical details.
Committee agendas, reports and minutes
The public has the right to inspect the following documents relating to all meetings of the Council and its Committees and Panels:
- agendas;
- reports (but not confidential items);
- most (but not all) background papers that have been used in the preparation of reports;
- minutes.
Background papers are not available for inspection until either:
- in cases of decisions by Committee, 3 working days before the date of the Committee meeting;
- in cases of decisions delegated to Officers, the date of the decision.
Please note that the Council is entitled to withhold from the public papers relating to meetings or parts of meetings at which confidential information is being discussed.
Copies of reports and minutes can be obtained from the Council's Administration and Legal Section. Papers are free to members of the public who attend meetings. Otherwise normal charges apply. For details if how to obtain copies of other papers, see below.
THE OPEN FILE POLICY
In order to ensure the widest public access to information, the LPA's policy is to allow public access to most of its files subject to certain restrictions.
Development Control files
These files contain:
* all the papers required to be held in the planning register;
* all the background papers to the case;
* all other relevant information.
Building Control files
The Council permits public access to Building Control files where it is the Building Control Body for the case.
Supplementary Planning Guidance
The Council has published a wide range of papers on its policy and approach to:
* development of specific types:
* development on specific sites;
* development in specific areas such as the AONB and conservation areas.
Please ask for the list of available documents and their prices:
- BVPN 18 Supplementary Planning Guidance
- BVPN 3 Charging for planning advice, enquiries and information
Plan loan scheme
The Council is prepared to lend plans from current planning applications overnight to residents' and other interest groups by prior arrangement. It encourages Parish and Town Councils to do the same with their copies of plans.
LIMITATIONS ON ACCESS TO SOME FILES AND PAPERS
Files being worked on
Files cannot be made available when they are out of the office or being worked on. In practice every effort is made to allow inspection on demand.
New papers
Newly received correspondence and other papers may require attention before they are placed on the file. This sometimes takes 2-3 days and occasionally longer.
Confidential information
Sometimes a working file, or part of it, contains confidential information which is kept separately. This may include financial and personal information provided by the applicant; confidential notes of meetings or memoranda, and pre-application enquiries defined as confidential. These papers will not be made available for public inspection. Planning enforcement files are always confidential.
Historic files
Some older files (pre 1994 approx.) are stored elsewhere in Ludlow. These can be provided at 1 working day's notice.
COPIES OF DOCUMENTS
Generally, copies must be provided, at the appropriate charge, of any document which is open for public inspection. Exceptions are:
- published works;
- copyright material unless in the circumstances set out below;
- written representation appeal statements;
- Ordnance Survey maps (available from OS agents);
- copies made using cameras.
Copyright material
Copies of plans and other copyright material may only be made to allow them to be inspected at a more convenient time and place or to show them to:
- an elderly, disabled or infirm person;
- friends, relatives or neighbours;
- residents' or other groups.
In all cases the copyright material will be endorsed by the Council in the manner prescribed by the Copyright, Designs and Patents Act 1988.
INFORMATION GIVEN BY OFFICERS ORALLY
Officers are able to give oral information about applications in the following circumstances:
- any material planning considerations or the relevance and strength of any objections which have been made in writing to allow:
- applicants to understand the relevant issues and consider whether to propose amendments to their application;
- members of the public to place their own concerns in context;
- discussion of the merits of the case;
- in non-delegated cases, the likely nature of his/her recommendation to the Committee.
In all cases, oral information given or discussions held are to assist in the proper assessment of the case and are without prejudice to its formal determination. The Council does not believe such comments by Officers give grounds for claims of issue estoppel and will vigorously defend all such claims.
© Copyright South Shropshire District Council,
Stone House, Corve Street, Ludlow,
Shropshire, SY8 1DG.
Tel: (01584) 813000
fax: (01584) 813128
e-mail: planningandbuildingcontrol@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
