In more detail
Developing land and buildings changes both the way the owner can use the property and the use other people can make use of the property they have an interest in around it. ‘Around it’ could mean: next door (in the case of things like blocking out light and views); in the same street (in the case of things like parking; the same neighbourhood (for things like access to public services like schools and health services); across a town or city, or even a whole region or the country, in the case – for example – of major projects like High Speed Railway lines or nuclear power stations. We have a planning system because developing property affects the owners of other property around it. To develop land and buildings, you need both the ownership (or the permission of the owner) and the permission of the community to develop land or buildings. ‘Planning permission’ is the name given to this community permission.
Planning Proposal
The planning permission process starts when property owners submit a planning proposal to the council describing how they would like to develop their property. (Some limited forms of development do not need planning permission). The council (actually a committee of the council called the Planning Committee) must decide whether what the owner wants to do counts as permitted development. Permitted development is development which is within the bounds of what the community has agreed – through the local planning framework – is OK. In practice, the planning committee of the local council is assisted by a team of specialist officers – professional planners. On behalf of the committee, they publish a list of the proposals received by the council so that people who may be affected by whatever is being proposed can comment.
Consultation
Consultation on planning permissions is an important way in which amenity groups, neighbourhood forums, residents groups, others and individual residents can have a say in the local planning system. The formal consultation period normally lasts for 21 days and involves:
- Public consultation – including consultation with neighbouring residents and community groups. Councils publish lists of planning proposals and make this available on line and at council offices. They will also directly contact groups they know are active and interested in given neighbourhoods.
- Statutory consultees – the law says certain people must be consulted about certain developments – they include people who own land adjoining the site; a number of government departments and public bodies (depending on the proposal) including conservation and heritage bodies ; other local authorities (in places where there different layers of local government covering the same area) including parish councils; highways authorities and companies providing water supplies and sewerage.
Planning Committee
You can ask the planning committee to turn down planning permission or to ask for changes in the proposal, but if you want the committee to listen to you, you will need to provide good reasons why they should do what you say. Bear in mind that the committee has to look at the planning case for and against a proposal, so you need to argue in terms of relevant plans and planning policies. Further consultation on changes submitted by an applicant can occur before the committee take a final decision
After consultation is complete, the committee makes a decision, advised by the planners. The planners advise the committee on what existing plans say and on the relevant council, government and EU policies that might affect the proposal as well as on the results of the consultation.
If a proposed development is in line with plans, then the committee agrees to grant either full or outline permission to it and the officers issue the necessary planning permission. If the planning committee thinks that a proposal does not fit in with what the relevant plans and policies say, then they can refuse permission. The decision rests with the planning committee – they can ignore what consultees and their own officers say. If they do, however, they may create the basis for an appeal against their decision.
| Key Facts:
Development proposals that require planning permission are published by the council for public consultation for a period of 21 days before a decision is made on them. If you respresent a residents' group, then talk to the planners who cover your area to make sure you get details or know where to look for published proposals. Decisions on planning permission are made by the Planning Committee of the council advised by local planners who work for the council. The Planning Committee considers relevant evidence for and against granting permission - it cannot turn down planning permission just because you say you think it should. |
Page Links from here
The Planning Portal guide to whether you need Planning Permission
In the toolkit:
OR you can use the navigation menu above right to look at other parts of the toolkit.
BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-06-13 12:50:41 | by: admin | status: f published |