Introduction to Planning Mark Turner Development Manager

What is planning really all about? Planning isn’t just about stopping bad things from happening It’s proactive, encouraging development that delivers the right stuff for your community and accords with your plan and strategic objectives

Why is “development” always being mentioned? “development” means the “carrying out of any building, engineering, mining or other operations in, on, over and under land or the making of any material change of use of any buildings or other land” TCPA 1990 s.55

But why do we need planning permission? “Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.” TCPA 1990 s.57

But planning permission isn’t required for everything …

A plan-led system “In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.”

Fitting it all together … The Local Planning Authority is responsible for determining planning applications The public can comment during the public consultation period Applications are decided by DCC or under delegated authority Applications can be made retrospectively Refusals can be appealed to the SoS

How are decisions made? Development Plan – publicly available policies Material considerations - decided by statements of national policy or by decisions of the courts The weight that should be attached to each consideration in any particular case is for the decision maker

How long does this take? Planning Applications YTD 2014/15 Gov. target Local target Majors (13 weeks) 88% 60% 80% Minors (8 weeks) 86% 82% 65% Others (8 weeks) 87% 91% 90% Validation Current Local Target 97% in 3 days 100% - 5 days But there are always areas for improvement …

What can we take into account? Material Non-Material Previous appeal decisions Overshadowing Highway issues Smells and fumes Layout and density of building Loss or effect on trees Nature conservation and biodiversity Deficiencies in social facilities e.g. schools Matters controlled under building regulations e.g. structural stability Private issues between neighbours e.g. boundary disputes, damage to property Loss of property value Loss of view Applicant’s personal circumstances (nb. rare exceptions)

Decisions Planning conditions may be imposed Run with the land These are wide ranging and an alternative to a refusal Restriction of the nature of business (e.g. hours of use, type of business to operate from the premises); Further information to be submitted (e.g. contamination surveys, material samples, archaeological work, details of flues); The provision of flood mitigation measures; Landscaping details.

Engage with us … Pre-application advice

Useful contacts Planning Aid Professional Advice (agent or consultant) Local Councillors Planning Portal Royal Town Planning Institute Planning Officers Society