Consultation on planning applications

The Council's policy on consulting on planning applications can be found in Chapter 4 of the Council's Statement of Community Involvement. Chapter 4 can be downloaded at the foot of this page, and you can access the Statement of Community Involvement in full here.

Who makes the decision?

We operate a delegation system which means only around 7% of applications need to be reported to a committee. However, we still ensure that democratic and locally accountable decisions are taken. What follows is a description of how the delegation system operates.

On every application the Ward Member(s) for the area are consulted and the Head of Planning and Place Shaping is authorised to determine all applications, with the following exceptions:

• Where a Ward Member and the Head of Planning and Place Shaping have different views.
• Rushcliffe Borough Council applications.
• Significant Nottinghamshire County Council applications.
• Consultations on applications submitted to adjoining local authorities (except where a response is required prior to the next meeting of the Development Control Committee).
• Applications which involve any Member or Officer of the Borough Council as applicant or agent, or where a Ward Member declares an interest.
• Where a planning agreement/obligation (under Section 106 of the Act) is involved (other than a standard drainage agreement or where the proposed agreement complies with the Council's Supplementary Planning Guidance).

The Head of Planning and Place Shaping is authorised to instigate enforcement action.

The Development Control Committee:

• Has delegated powers from the Council.
• Meets approximately monthly.
• Determines applications except where delegated to the Head of Planning and Place Shaping.
• Confirms Tree Preservation Orders (where objections are received).
• Receives details of appeal decisions.

Types of decision

In determining applications the Borough Council can refuse permission, grant permission or grant permission subject to conditions.

Conditional permission

When granting permission subject to conditions, these conditions must be:

• Necessary to control the development.
• Relevant to planning.
• Relevant to the development permitted.
• Enforceable.
• Precise.
• Reasonable in all other respects.

Decisions can also require planning agreements/obligations (under Section 106 of the Act) to be entered into. These must be relevant to the planning merits of the proposal.

In some cases, applications have to be referred to the Office of the Deputy Prime Minister before a decision can be made (for example, where the proposed decision would involve a significant departure from the Development Plan).

Refusal

The Council can refuse permission where the proposal results in:

• An unreasonable loss of light or privacy.
• A danger to highway users.
• Harm to the character of an area.
• An inappropriate development in the Green Belt.
• Development contrary to the Development Plan.

Reasons for refusing permission must:

• Relate to planning issues.
• Be sound and clear cut.
• Be reasonable.

Appeals

Decisions made by the Borough Council can be appealed against by the applicant if he or she considers the refusal of permission or conditions imposed are unreasonable, or if a determination has not been made within a statutory 8 week time period (set by Government). The issuing of an enforcement notice can also be appealed against.

Costs can be awarded against either party if they are deemed to have acted unreasonably when the appeal is heard at a Public Inquiry or Informal Hearing.

An appeal is made to the Office of the Deputy Prime Minister (ODPM) and can take the form of:

• Written representation.
• Public inquiry.
• Informal hearing.

In a bid to speed up the way householder appeals are submitted and dealt with a 'fast track' process is being introduced by the Planning Inspectorate for ‘written representations’ householder appeals. Hopefully what this will mean for appellants is a significant reduction in the time it takes to receive a decision on their appeal to around 12 weeks.

The Householder Appeals Service is officially going live on 6 April 2009. This is the day that the relevant secondary legislation will come into force, bringing legal weight to a new, expedited procedure for householder appeals which proceed on the basis of written representations.

The appeal form has been simplified to make it shorter and you will no longer need to send the plans with your appeal.

You are required to set out your full grounds of appeal using the appeal form. The Inspector will look at your application afresh, having access to all other documents and material submitted at application stage.

Appeal forms can be obtained from The Planning Inspectorate.

Email address: enquiries@planning-inspectorate.gsi.gov.uk.

Telephone number: 0117 372 6372.

Postal address:
The Planning Inspectorate,
Customer Support Unit,
Room 3/15 Eagle Wing,
Temple Quay House,
2 The Square,
Temple Quay,
Bristol
BS1 6PN.

Fax number: 0117 372 8782.

Further information on appeals and how to submit online is available on the Planning Portal website, in the appeals section.  

A list of outstanding appeals can be downloaded below in the "attachments" box.

The Inspector's appeal decision is available with the associated planning application and can be viewed on the Council's Blueprint website.