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Development control - Overview

Introduction

Development control is the process of dealing with individual development proposals to ensure that they meet local, regional and national planning polices and guidelines. Each proposal is assessed on its own merits, taking into account policy, need, local circumstances and public opinion.

Development Control regulates development that falls within the scope of planning legislation, such development can range from ground works, felling of trees, the erection of advertisements through to large-scale developments. However some minor developments do not require planning consent (See 'Establishing a need for planning permission’)

Most developments require planning consent from the Local Planning Authority, however the type of consent required will vary with the proposal. In general though, a development proposal will need to be applied for, through the submission of a planning application (See ‘The Development Control process’ ).

Further information on this matter is offered on Planning Portal.

The Development Control Process

When an application is submitted, it is first checked to see if it is ‘valid’ (see the submit an application section), if the application is missing any information or if any information has been incorrectly specified, then the application cannot proceed until this has been rectified.

Once an application has been validated it will be assigned to a case officer. Once assigned the authority must deal with the application within the statutory time period (typically 8 weeks but 13 weeks for major applications), however if amendments to plans or additional supporting information is required then this period can be extended if both parties agree.

(If your application has not been determined within eight weeks, you have the right to appeal against non-determination by the council) – See 'Appealing against a decison'.

The council will notify any interested parties, ranging from statutory bodies to neighbouring properties, whether directly or through a site notice. A statutory period of 21 days is required for public consultation, which will begin from the date notification is issued.

The case officer will consider the proposal and will form an opinion over the period of the application (see ‘Matters taken into consideration’ ) and as such should be the main point of contact regarding the application. The case officer will conduct site inspections and liase with the applicant and other interested parties in an attempt to resolve any difficulties. During the course of the application the officer may suggest the proposal would be more viable if a certain feature or aspect is changed, however it is up to the applicant to decide whether to act on this advice. If the applicant decides to make an amendment to the proposal the consultees may need to be re-consulted, in which case the determination of the application may be delayed.

The case officer will prepare a report detailing the main planning issues relevant to the case, the results of consultations and any relevant policies, the officer will then make a recommendation as to whether the application should be refused or approved. The recommendation report can be viewed on request at the planning department

The council decides how your planning application will be determined, whether by committee or through delegated powers. The majority of planning applications are decided by the council’s head of environment under the delegation scheme, which applies to non-controversial applications for minor development such as house extensions, fences, small extensions or alterations to commercial premises and advertisements.

However, for more substantial applications, applications of greater public / environmental concern and where objections are received contrary to the case officers recommendations, the application will be determined by planning committee. The planning committee is a panel of elected councillors from the local borough who will decide whether to agree with the officer’s recommendation or to overturn the recommendation, likewise the committee may request changes to the recommendation. Recommendation reports for applications being reported to planning committee can be viewed up to one week before the meeting (view planning committee agendas).

Once a decision has been made a decision notice will be issued, this notice will confirm whether the proposal has been successful (view the decisions register) . If unsuccessful the decision notice will state the reason why the application has been refused, at this point you may decide to appeal against the decision (see ‘Appealing against a decision’ ). If successful the decision notice will state the agreed proposal, it may also contain ‘conditions’ within the approval that the proposal must adhere to. Planning conditions must be fulfilled to the specification and timescale stated in the condition, otherwise the development may breach the approval and become subject to enforcement action (see ‘Enforcement’).

Matters Taken Into Consideration

There are various considerations that will form a decision or recommendation, based on the submitted proposal, the site and adjoining area. Such considerations are based on a wide range of planning issues, for example design, the natural and built environmental, amenity, need, sustainability, health and economic factors.

Further information on this matter is offered by The Department for Communities and Local Government.

General guidance is also offered within the ‘Submitting a planning appication’ section.

Unlawful Development

Development that has proceeded without securing planning consent (where such development was not exempt from planning permission ) could be in breach of planning legislation. Where such breaches occur the authority may request that a retrospective planning application be submitted or may pursue enforcement action (see Planning enforcement).