Planning Practice Note:
Planning Decisions
INTRODUCTION
Planning decisions are made in the light of policies contained in the South Shropshire Local Plan and other planning considerations which were relevant.
The majority of planning decisions (we aim to meet Government's 90% target are delegated to the Head of Planning and Building Control, (see separate guidance). Most of the rest are decided by elected Councillors, serving on the Development Control Committee, or by Full Council.
Reference of applications to full Council
The Council's internal procedure for applications under this Practice Note are:
- the Officer's report to the Development Control Committee will state that the relevant procedure applies;
- if the Development Control Committee recommends the Council to grant planning permission, a report to the Scrutiny Committee will describe:
- the reason why the application cannot be decided by the Development Control Committee;
- the reason for the Development Control Committee's recommendation;
* the Scrutiny Committee may make an alternative recommendation to the Council;
- the Council will consider the recommendations from each of the Committees and may:
- grant planning permission;
- refuse planning permission;
- refer the matter back to the Development Control Committee for further consideration.
In some instanves referral had to be made to the Secretary of State through the Government Office for the West Midlands.
Reference of applications to the Secretary of State
When applications have to be referred to the Secretary of State under this Practice Note, the following procedure applies:
- if the Committee or Council resolves to grant permission the application will be sent to the FSoS without delay (in certain cases the application may be sent to the FSoS in parallel with consideration by the Council);
- the FSoS has 28 days to decide whether to call in the application;
- the FSoS may issue an "Article 14 Direction" which prohibits a decision for a longer period while he considers what to do;
- if the FSoS calls in the application to make the decision himself, a public inquiry will be held (please see BVPN 22 Planning and enforcement appeals);
- if the FSoS does not call in the application, the Head of Planning and Building Control will issue the Council's decision without further reference to the Development Control Committee.
Planning decisions are made in the public interest, and the Council realises that it is not always possible to reconcile the public interest with the wishes of the applicant and/or any objectors to the proposal.
The decision may therefore not be as you, the applicant, would have wished. The application may have been:
- refused;
- granted subject to conditions:
- which may be difficult or costly to comply with;
- which impose constraints which you do not agree with.
This note sets out rights of appeal against the decision.
If an applicant wants to discuss the decision, they should contact the case officer whose name and telephone number can be found in the letter which accompanied the decision.
APPEALS
If you are aggrieved by the decision of the LPA to refuse permission for the proposed development, or grant it subject to conditions, then you can appeal to the First Secretary of State under section 78 of the Town and Country Planning Act 1990.
If you want to appeal, then you must do so within 6 months of the date of the decision notice, using a form which you can get from the Planning Inspectorate. Telephone: (0117) 372 6372. Forms and information are also available on the Internet
- www.planning-inspectorate.gov.uk (External link)
The Secretary of State can allow a longer period for giving notice of appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to him that the LPA could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
In practice the Secretary of State does not refuse to consider appeals solely because the LPA based their decision on a direction given by him.
Other appeals
There are similar appeal procedures for proposals which require listed building or conservation area consents, advertisement consent and other planning related approvals.
When contacting the Planning Inspectorate please make clear which sort(s) of appeals you wish to lodge so that you are sent the correct forms.
Information on making a planning appeal
The Planning Inspectorate publishes a booklet for those making planning and related appeals entitled: Making a Planning Appeal. If you ask for appeal forms you will receive a copy from the Planning Inspectorate. If you would like to have a copy to help you consider whether to appeal please telephone Reception on (01584) 813000 to ask for one.
Special time limits and arrangements
Advertisement appeals must be made to the Planning Inspectorate within 8 weeks of the date of the LPA's decision notice. Appeals under the Trees Regulations must be made within 28 days of the date of the LPA's decision notice, to The Government Office for the West Midlands, 5 St. Philips Place, Birmingham, B3 2PW Tel (0121) 352 5454
Third party appeals
There are no rights of appeal against planning decisions by anyone other than the applicant.
PURCHASE NOTICES
If either the LPA or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state, nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
In these special and limited circumstances, the owner may serve a purchase notice on the District Council in whose area the land is situated. This notice will require the Council to acquire his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. The Council has the right to contest the notice.
ACCESS AND FACILITIES FOR THE DISABLED
Attention is drawn to the requirements of sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970. This requires buildings to which the public have access to be properly equipped for the disabled, in accordance with the Code of Practice for Access of the Disabled to Buildings (BS 5810:1979) and/or Access for Disabled People to Educational Buildings: 1984.
Buildings to which these provisions apply are:
- buildings or premises to which the public are admitted whether on payment or otherwise;
- offices, shops, and railway premises;
- factories as defined in section 175 of the Factories Act 1961;
- universities and university halls, colleges, schools and other educational buildings.
Attention is also drawn to the provisions of the Disability Discrimination Act 1995 which requires service providers to treat disabled persons no less favourably than able bodied persons. All new buildings must comply with Approved Document M of the Building Regulations: Access and Facilities for Disabled People. If you wish to discuss these aspects please contact the Building Control Section on (01584) 813369. See separate guidance on Accessible Design.
CONFORMITY WITH APPROVED PLANS
Where planning permission has been granted, you are reminded that it has been granted specifically for the proposals described in the permission and shown on the approved plans. If you wish to make amendments to the plans or other details, for any reason, including changes necessary to comply with the building regulations, you should contact the planning officer who dealt with the application to find out whether the changes will be acceptable. Minor changes to plans can often be accepted by submission of amended plans, but, in some cases, a revised application will be required.
CONDITIONS
Most planning consents are subject to conditions. Please read any conditions carefully and be sure that you comply with them. The LPA can take action to ensure compliance with conditions without right of appeal, and rectifying matters in such cases could cause you unnecessary expense.
Conditions may require you to do something before the works are started. You should take particular care to comply with such conditions as your consent is not valid until you have done so.
Rural building conversions
Planning permissions of this sort are usually subject to a condition regarding demolition. 'Demolished' includes total or partial removal of any sort, including collapse and/or demolition with intent to rebuild exactly as existing. Demolition beyond what has been specifically approved by the permission may render the planning permission invalid and incapable of implementation regardless of cost to you. It is your responsibility to ensure that the extent of any demolition is as agreed with the LPA.
Section 106 agreements and obligations
Some permissions are subject to a form of covenant under these provisions. If your permission is subject to a section 106 agreement you must ensure that you comply with the terms of the agreement as well as any conditions of the consent. Development should not be started before the agreement has been signed and the permission issued.
If the LPA requires a s106 agreement, you are advised to consult your solicitor.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
E-mail: planning@southshropshire.gov.uk
Issue 8 07 January 2005
Page Subscriptions:
Subscription allows you to track page changes without having to re-visit the page on too frequent a basis. The system will send you an email when a page to which you have subscribed is changed.
Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 15/2/2007.
