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 • Financial contributions for new infrastructure • Identifying the Development Plan and its policies • The appeals process, including Judicial Review • The world of material considerations • Relationships with other control mechanisms • Consultees - their role and importance • How decisions are made
An Introduction to Development Control What needs planning permission? “ Development ” New buildings Alterations to existing buildings New uses
An Introduction to Development Control Except where… “ Development ” only affects the interior of a building is permitted by statute is too small to worry about is maintenance not affecting appearance
An Introduction to Development Control Permitted development Permitted development can, includes: with Prior Notification , also include: • smaller house extensions • mobile phone masts • some fences and walls • demolition of buildings • most television aerials and satellite dishes • agricultural buildings • some flush-fitting solar panels • selected changes of use • some works by Councils or other statutory undertakers • …and others
An Introduction to Development Control Development which is too small to worry about is “de minimus 1 ”, such as: • hanging baskets or window boxes • burglar alarm boxes • outdoor lights • bird tables and garden ornaments 1 “de minimus no curat lex”: “The law takes no account of very trifling matters”
An Introduction to Development Control Types of application • Outline proposals – seeking approval only for the principle of development, or leaving some matters (such as access or scale) for later consideration • Reserved matters proposals – which fill in the missing parts of an outline application to provide the detail absent from the outline proposals • Full planning applications – which seek approval for all aspects of a scheme in one go • Condition discharges – required pursuant to planning conditions imposed on the above three application types • Prior Notifications – seeking confirmation from the Authority that further details aren’t required for certain operations such as demolition, telephone masts or agricultural development • Lawful Development Certificates – 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 • Other consents – Conservation Area Consent – Listed Building Consent – Scheduled Ancient Monument Consent • Exemptions – Ecclesiastical Exemption – Crown Exemption
An Introduction to Development Control Identifying the Development Plan and its policies • The Development Plan is important as decisions must be made in accordance with its policies, unless other material considerations indicate otherwise • The Development Plan tells us how much development is appropriate, where it should be located, when it is required, and how it should be judged
An Introduction to Development Control The Development Plan comprises: • East of England Plan • Cambridgeshire & Peterborough Structure Plan • Fenland District-Wide Local Plan But also take into account: • Local Plan Interim Statement of Proposed Changes
An Introduction to Development Control In addition, there are 25 Planning Policy Guidance and Planning Policy Statement documents, published by the Government. • these don’t form part of the Development Plan • …but do form a material consideration in the determination of planning applications Don’t panic! Your Planning Officers know all these policy documents and their policies in intimate detail
An Introduction to Development Control The world of Material Previous & other decisions Considerations... • Site planning history • Appeal decisions • Case law Policies • “Fall-back” positions • The Development Plan • Planning Policy Guidance and Planning Policy Statements Technical considerations • Circulars • Highway safety, capacity or convenience • Ministerial Statements • Flood risk • Supplementary Planning Guidance & Documents • Air quality • Aircraft safety • Ecology • Archaeology • Contamination
An Introduction to Development Control Neighbours Visual impact • Overlooking • Character & Appearance • Overshadowing – Scale – Prominence • Overbearing impact – Materials • Noise & disturbance – Layout • Odour nuisance – Density • Conservation Areas • Fear of crime • Listed Buildings • Ancient Monuments Sustainability • Landscape quality • Energy efficiency • Trees & hedges • Climate change • Travel choices • Town centre vitality & viability
An Introduction to Development Control Allowable Exceptions Need • Affordable housing • Economic growth & job creation • Country Homes • Regeneration • Removing “bad neighbours” • Retail & leisure provision • Directly-related community • Housing land supply benefits • Gypsy & traveller pitches – Wider flood relief • Financial cross-subsidy – Catalysts for regeneration • National interest – Retention of the last pub or shop – Transport or movement improvements • Agricultural operation – Improved open space • Telecommunications efficiency – Ecological enhancements
An Introduction to Development Control But don’t take into account… • Impact on private property values • The loss of a private view • Business competition • Motives of the applicant • Whether proposals are retrospective or not • What might (or might not) come next • If an alternative might be preferable, where the proposals are otherwise acceptable …and be careful to determine only what is in front of you
An Introduction to Development Control Consultees - their role and importance Statutory consultees Internal consultees • Highways Agency • Environmental Health Officer • Environment Agency • Design Officer • Natural England • Housing Officer • Civil Aviation Authority • Conservation Officer • English Heritage • Arboricultural Officer Technical consultees Local community • Local highway authority • Town & Parish Councils • Wildlife Trust • Adjacent occupiers • County Archaeologist • Police Architectural Liaison Officer
An Introduction to Development Control Consultees - their role and importance Internal consultees • Provide technical input at a level similar to that offered by technical consultees, but in relation to Statutory consultees matters that generally only affect the local area • Must be consulted as a matter of law on certain types of planning application • Often are employed by the Local Authority to • Give advice on matters of more than local provide services other than Town Planning (such as impact: Environmental Health functions) – Motorways and strategic roads • Must be aware that legislation other than planning – Species and habitats of international and national importance may prove a more appropriate control mechanism – Aviation safety and security – Flooding and flood risk, both onsite and elsewhere • Have specific powers to direct the Local Local community Planning Authority to refuse planning permission, or impose conditions • Provide a local perspective, but recognising that they may lack the skills required to comment on Technical consultees expert technical matters • Give expert advice on specific material • Is being given more prominence in the decision- considerations making process by the Localism Bill, currently • Have qualifications, skills and expertise not before Parliament commonly held by “the man in the street” Only certain statutory consultees have a veto over development – nobody else
An Introduction to Development Control How decisions are made • An application must comply with legislative and local submission requirements to be found “valid” – this is checked by technical staff upon an application’s receipt • Consultation must have taken place in accordance with legal requirements and local protocols • Officers must consider consultation responses in weighing and balancing sometimes competing material considerations – but are not necessarily bound to accept the views or preferences of any one consultee • Most applications should be dealt with under powers delegated to the Head of Planning Services, so that only the more contentious or notable applications come before the Committee for debate and determination
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