Planning Practice Note:
Consultations on Planning Applications
INTRODUCTION
The purpose of this Practice Note is to give information on consultations carried out by the LPA on applications for planning permission and related consents. Generally, only a small number of consultations are relevant in any one case.
Consultation means and invitation to give advice which will be genuinely considered. It requires sufficient:
- information;
- time;
to enable helpful advice to be given.
This Practice Note deals with two types of consultation:
- statutory consultations in which the LPA must seek advice under the Regulations;
- other, or non-statutory, consultations in which the LPA may seek advice.
In addition to responses to statutory and non-statutory consultations, the LPA often receive unsolicited representations. These usually result from general publicity given to the application. Representations must also be taken into account when the application is considered.
STATUTORY CONSULTATIONS
Statutory consultations are those which are required to be made under the General Development Procedure Order. This list is derived from the GDPO but is limited to the types of consultations applying to District Councils and South Shropshire in particular.
The LPA must consult the Highway Authority (Shropshire County Council) if the development:
- would cause a significant change to the volume or character of traffic entering or leaving a classified road;
- would adversely affect a proposed improvement to a highway;
- involves a new or altered access to a highway;
- includes the construction of a new street.
Shropshire County Council has advised [under article 10(1)(iii)] that it does not wish to be consulted on developments affecting Class III roads.
The LPA must consult the Highways Agency if the development:
- would cause a significant increase in the volume of or change in the character of traffic entering or leaving a trunk road;
- involves a new or altered access to a trunk road here the speed limit is higher than 40mph.
The LPA must consult the Environment Agency if the development involves:
- works to the bed or banks of a river or stream;
- the storage of oils or chemicals;
- sewage treatment for more than one dwelling or other building(s) used by more than 10 people;
- the use of land as a cemetery;
- fish farming.
The LPA must consult English Heritage if the development:
- involves the demolition (in whole or part) of a listed building (see BVPN 32);
- affects an ancient monument;
- affects the setting of a Grade I or Grade II* listed building;
- affects a Grade I or Grade II* historic park or garden.
In cases where it is proposed to demolish all or part of a listed building, the following bodies must also be notified:
- The Ancient Monuments Society;
- The Council for British Archaeology;
- The Georgian Group;
- The Society for the Protection of Ancient Buildings;
- The Victorian Society.
The LPA must consult Natural England if the development will affect:
- a Site of Special Scientific Interest.
The LPA must consult a neighbouring planning authority if the development will affect:
- land in their area.
The LPA must consult the Health and Safety Executive on any proposal involving:
- hazardous substances;
- new transport infrastructure.
The LPA must consult Railtrack plc on any proposal which would:
- cause a significant increase in the volume of or change in the character of traffic using a level crossing
The LPA must consult the Coal Authority on proposals:
- in areas notified to the LPA.
The LPA must consult the Civil Aviation Authority on developments:
- within safeguarded areas notified by the Authority
The LPA must consult the Sports Council on developments which:
- involve the use of playing fields.
The LPA must consult the Department of the Environment, Food and Rural Affairs on proposals that:
- involve the loss of more than 20ha of grade 1, 2, or 3a agricultural land.
The LPA must consult the Waste Regulation Authority on proposals
- within 250 metres of notified landfill sites.
The LPA must consult The Theatres Trust on any proposal:
- involving a theatre (or other building used for the performance of plays).
NON-STATUTORY CONSULTATIONS
The LPA may consult anyone it thinks appropriate on planning applications.
The Regulations require Parish Councils to be notified of applications for planning permission (but not other kinds of application) and must make representations within 14 days.
South Shropshire District Council consults Parish and Town Councils and Parish Meetings on all applications whether required to or not. A copy of the application is sent with a proforma reply sheet. 21 days is given for response.
Other non-statutory consultations include:
- Shropshire County Council Countryside Service when proposals affect public rights of way;
- Shropshire County Council's Natural and Historic Environment Section on archeological matters;
- The County Forestry Officer when advice on the health of trees is required;
- English Heritage on applications relating to:
* Listed buildings;
* Conservation areas;
* Ancient monuments;
* Historic parks and gardens; - The Commission for Architecture and the Built Environment (CABE) on applications with significant design issues;
- The Countryside Agency on applications which may affect the character of the landscape;
- The Environment Agency on applications which may affect the floodplain of a river or otherwise cause flooding;
- The Council's own Environmental Services Division on applications which could cause pollution or nuisance;
- The National Trust on applications which may affect its property;
- The Shropshire Wildlife Trust on hedgerow applications and those that affect wildlife interests;
- The Twentieth Century Society on applications which mights affect modern buildings of architectural significance;
- The West Mercia Police on applications that raise crime prevention issues;
- Severn Trent Water on applications with water supply or sewerage implications.
The LPA may also seek advice when required from professionals in the following fields:
- structural engineers;
- agricultural consultants;
- valuers;
- other consultants as appropriate.
© 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
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 29/3/2007.
