An Introduction to Development Control Training for new Members An - - PowerPoint PPT Presentation
An Introduction to Development Control Training for new Members An Introduction to Development Control: Module Contents What needs planning Using conditions to make the permission? unacceptable acceptable Types of application
“Development” is permitted by statute is too small to worry about is maintenance not affecting appearance
1 “de minimus no curat lex”: “The law takes no account of very trifling matters”
– seeking approval only for the principle of development, or leaving some matters (such as access or scale) for later consideration
– which fill in the missing parts of an outline application to provide the detail absent from the outline proposals
– which seek approval for all aspects of a scheme in one go
– required pursuant to planning conditions imposed on the above three application types
– seeking confirmation from the Authority that further details aren’t required for certain operations such as demolition, telephone masts or agricultural development
– asking for the Authority to give a binding legal determination that something is exempt from planning control, either which is existing or which is proposed
– Conservation Area Consent – Listed Building Consent – Scheduled Ancient Monument Consent
– Ecclesiastical Exemption – Crown Exemption
– Scale – Prominence – Materials – Layout – Density
– Wider flood relief – Catalysts for regeneration – Retention of the last pub or shop – Transport or movement improvements – Improved open space – Ecological enhancements
Statutory consultees
Technical consultees
Internal consultees
Local community
Statutory consultees
types of planning application
impact:
– Motorways and strategic roads – Species and habitats of international and national importance – Aviation safety and security – Flooding and flood risk, both onsite and elsewhere
Planning Authority to refuse planning permission, or impose conditions Technical consultees
considerations
commonly held by “the man in the street”
Internal consultees
matters that generally only affect the local area
provide services other than Town Planning (such as Environmental Health functions)
may prove a more appropriate control mechanism Local community
they may lack the skills required to comment on expert technical matters
making process by the Localism Bill, currently before Parliament Only certain statutory consultees have a veto over development – nobody else
– Refused, for specific (and defendable) reasons; or – Approved, subject to (necessary) planning conditions; or – Approved as above, but also subject to a legal agreement; or – Approved unconditionally (although this is very rare indeed); or – Declined to be determined, where similar applications in the past on the same site have repeatedly been refused or dismissed at appeal
Your Officers will publish, in advance, their assessment and recommendation. Whilst the recommendation is not binding on you, you must have good reason if you decide to set it aside. You must approach the matter with an open
looked at the proposals, and listened to any speakers, you should then start to form an
Debate the item with fellow Members, and then choose from a range of possible decisions:
If you agree with the Officers’ recommendation then refusal reasons, conditions, financial contributions and reasons for approval (as appropriate) will already be set out. You must decide if you agree with the detail, as well as the decision. If the Officers’ advice differs from your own view, you must be able to explain why in a clear, reasonable and rational manner.
Using conditions to make the unacceptable acceptable
applicant and the Local Planning Authority
themselves whether planning permission would have to be refused if that condition were not to be imposed. If it would not, then the condition needs special and precise
imposition: as a matter of policy, a condition ought not to be imposed unless there is a definite need for it.”
* Circular 11/95 The Use of Conditions in Planning Permissions
contribution from developers towards the cost of infrastructure necessary to support their developments; these are known either as Planning Obligations or Section 106 agreements
would not have been necessary but for their development; common infrastructure might include
– Affordable housing – Additional school places – Transport improvements, such a junction works, road widening, improved bus services or additional cycle lanes – Environmental enhancements – Additional bookstock in libraries – Provision for additional medical centre patients – Enhancements to public open space, including the maintenance of those enhancements – Flood risk alleviation or ecological mitigation
developments to proceed which might otherwise be refused; or to overcome planning objections;
seek facilities or payments for infrastructure needs which are directly related to a proposal, not to meet an existing deficit or provide un-related community benefits
An applicant may appeal against the Council’s decision to: – Refuse planning permission – Grant planning permission subject to unpalatable planning conditions Further, an applicant may appeal against the Council’s failure to issue a decision within a set period: – 8 weeks for householder and minor applications – 13 weeks for major applications – 16 weeks for applications accompanied by a Environmental Impact Assessment
An interested third party may take issue with the Council’s decision to: – Grant planning permission – Grant planning permission subject to conditions – Grant planning permission subject to a Section 106 agreement Further, an interested third party may take issue with the manner in which the Council makes a decision : – Because of a failure in its processes – Because it is unlawful Any party can apply for the Courts to review a decision made on appeal, either by an Inspector or the Secretary of State. The Courts cannot rule on the policy merits of a decision, only to right a recognisable public wrong
In judicial review proceedings the court will intervene as a matter of discretion to: (a) either quash, prevent, or require a decision (b) clarify the law, or (c) compensate the applicant.
planning permission. However, it can only consider the lawfulness of a decision and test whether it was legally right or wrong.
and returned to the relevant authority who must then make a fresh decision.
lawfully
“A councillor from Restormel District Council has been cleared of misconduct after she had bought two plots of land and sold them for a very substantial profit after planning permission had been obtained. Allegations had been made that the councillor had brought the authority into disrepute, improperly secured an advantage, failed to declare a personal interest and failed to withdraw from a council meeting in which she had a prejudicial interest” “Allegation: The member failed to treat others with respect, bullied another person, attempted to compromise the impartiality of a council employee, brought their authority into disrepute, attempted to use their position improperly as a member to obtain an advantage, sought to improperly influence a decision in which they had a prejudicial interest, and failed to register a personal interest in land within 28 days of buying that land.”
Some previously examples to be aware of:
which Powys Council and its predecessor authority Montgomeryshire Council made several planning decisions between 1990 and 1998. In particular the former chairman
to declare an interest or withdraw from committee meetings when matters were discussed in which he had a personal interest
had participated in a meeting at which a planning application with which had had a personal and prejudicial interest, had been refused permission
to a business involvement with the applicant. It transpired that the councillor had approached an architect describing himself as "agent" for the developer. It was ruled that the councillor did have a declarable interest, and should have stood back from the determination of the application
Building
Area
demolition of unlisted buildings
sought, confirming that no planning permission is required
permission
require an Environmental Impact Assessment which complies with European Union regulations