Development Control

1
Development Control

• Penri James
• 2006-07

2
Role of development control
3
Decisions on applications
4
Development Control Committee

• Undertake decisions on planning applications
• Members of Local Authority
• Undergone planning training
• Some members see this as the most important
  committee

5
Typical structure of Planning Department in Local
Authority
6
Planning profile (England)
7
Planning profile (England)
8
Timeframe
Major decisions 13 weeks
Minor decisions 8 weeks
9
Development Control (speed of decision making
England)
10
Types of application
11
decisions within 8 weeks
12
Proportion of new dwellings built on
previously-developed land1, by Government Office
Region, 1995-2005
13
Density of new dwellings built Government Office
Regions, 1995-2005
14
Do you need planning permission?

• Planning permission is usually required unless
  the development constitutes
• use of land for agriculture or forestry
• permitted by Town and Country Planning General
  Development Order 1992-

15
Definition of Development

• TOWN AND COUNTRY PLANNING ACT 1990
• .Carrying out of building, engineering, mining
  and other operations in, on, over or under land,
  or the making of any material change in the use
  of any buildings or other land.
• with the exception of
• .Land used for the purpose of agriculture or
  forestry.

16
Planning permission not required

• Internal alterations
• Outside repair and maintenance
• Demolition

17
Determination process
Site Meeting
Application
recommendation
Development Control Committee
Officer viewpoint
Consultation
80 successful
Permission refused
Permission granted
30 successful
Appeal to Inspector
Public or Private inquiry
18
Applications
19
Type of application

• Outline planning
• Permission in principle before construction of
  detailed plans
• Full planning permission
• Requirement for all development
• Full details required
• Detailed plans

20
Forms and content

• Name and address (AGENT)
• Particulars of project
• Description, area, ownership, contol, nature of
  development
• Particulars of application
• Type, material considerations
• Public Rights of Way
• Land Use
• Current/Previous
• Plans
• Site location (12500), Block plan (1500), Floor
  plan(1100)
• Additional information
• Domestic/Non domestic, effect on trees, surface
  water, sewerage, water supply, materials used for
  construction
• Certificate of land ownership, Agricultural
  holding certificate
• Correct fee

21
Publicity and consultation

• Neighbours
• Local
• Statutory
• Others

22
Fees

• Set by central government using Statutory
  Instruments
• Section 303 of the Town and Country Planning Act
  1990
• Devolved activity

23
Fees
24
Certificates

• Certificate of land ownership
• Agricultural holding certificate
• Requirement under Article 7 Town and County
  Planning (General Development Procedure) Order
  1995
• Permission of land owner required to develop land

25
Plans and drawings

• Site location plan
• Boundary and other controlled land
• Existing buildings, trees, roads and access
  points
• On-site location
• FULL DETAILS REQUIRED FOR FULL APPLICATION
• Plans cannot be changed once permission has been
  granted without a further application

26
Site location plan
http//www.sedgefield.gov.uk/cmsimages/planning/dr
awings/sample-plan.gif
27
Site plan
http//www.sedgefield.gov.uk/cmsimages/planning/dr
awings/site-layout-plan.gif
28
Environmental Impact Assessment (EIA)

• In certain circumstances the developer required
  to carry out a systematic analysis of the
  predicted effects of the project on the
  environment
• European Directive (85/33/EEC as amended by
  97/11/EC)
• Prepares an Environmental Statement
• Required on pig/poultry farms where environmental
  effect is significant

29
Ceredigion current applications

• http//www.ceredigion.gov.uk/index.cfm?articleid1
  64

30
Objecting

• Based on
• HOW TO STOP AND INFLUENCE PLANNING PERMISSION
• (Roy Speer and Michael Dade)

31
Bad objecting letter
Dear sir The application for a MASSIVE BUNGALOW
next door to my house is a total disgrace and
will affect me greatly. Its only purpose is to
line the pockets of the individual concerned and
I wonder how much of that will end up in the
pockets of officers and councillors? You are all
corrupt. This will affect the view I have had
for 20 years. This type of development is not
what is required in a rural village and I feel
betrayed. How many more instances like this do I
have to put up with? This will mean more digging
up of the road outside to put in an entrance and
will cause lots of disruption. Surely they
should go somewhere else? I am going to see my MP
and report it all to the Police. The community
feels it does not want the development and
neither does Mrs Jones next door. It is only a
matter of time before they will want to put
another storey on the bungalow or build another
house !! I HAVE HAD ENOUGH !! It is only spite on
their part ! He is a CROOK and should be treated
as one. In total despair Mr Angry
32
Good objecting letter

• Addressed to Officers
• Contains planning reference number and official
  description
• Objection clearly stated
• Reasons for objection listed
• Planning policy
• Planning history
• Site layout
• Effect on neighbouring property
• Effect on surrounding area
• Conclusions

33
Objection letters dos

• Limit comments to development under consideration
• Base arguments on known facts
• Use backup information
• Concentrate on planning issues

34
Objection letters dos

• Explain how proposal is harmful and to whom
• Points need to be brief and concise
• Be specific
• Type or write clearly

35
Objecting letter donts

• Exaggerate likely effects
• Make personal remarks about developer and motives
• Limit comments to own interests
• Make assumptions about developer and motives
• Include matters irrelevant to planning

36
Objecting letter donts

• Make unsubstantiated claims
• Use emotive language
• Use capitals or underlining in text.

37
Decision making
38
Planning register

• List of all applications
• Show progress of an application from receipt to
  decision
• Locate and view planning applications and
  associated documentation
• Display appeal details
• Neighbour consultation details
• Regular update

39
Development Control Committee
40
Development Control Committee
41
Relevant planning matters

• National policy
• Local policy
• Material considerations

42
Irrelevant planning matters

• Value of property
• Ownership
• View from property
• Council Tax Band
• Anything else!!

43
Material considerations

• Courts are the arbiters of what constitutes a
  material consideration

44
number, size, layout, siting, design and external
appearance of buildings
45
number, size, layout, siting, design and external
appearance of buildings
46
proposed means of access
47
landscaping
48
impact on the neighbourhood
49
availability of infrastructure
50
Material considerations

• Government statements of planning policy are
  material considerations
• Draft policy statements and guidance can be
  regarded as material considerations

51
No development on flood plain
52
Development envelope

• Policy to constrain development outside line

53
Planning history on a property

• Historical record of pervious planning
  applications on a site
• Relevant material consideration
• Ceredigion interactive mapping

54
(No Transcript)
55
Prematurity

• Planning permission can be refused on grounds of
  prematurity where a development plan is being
  prepared or is under review, but it has not yet
  been adopted.

56
Reserved matters
Outline planning permission
Delegated authority for director to approve
application
Full planning permission
57
Decisions on applications

• Planning decisions can be called in by
• Secretary of State (England)
• Welsh Assembly
• Scottish Parliament
• Section 77 of the Town and Country Planning Act
  1990
• Reasons-
• may conflict with national policies on important
  matters
• could have significant effects beyond their
  immediate locality
• give rise to substantial regional or national
  controversy
• raise significant architectural or urban design
  issues or
• may involve the interests of national security,
  or of foreign Governments

58
Appeals
59
Refusing an application

• Applicant can appeal to the
• Department of Transport, Environment and the
  Regions
• Welsh Assembly
• Scottish Parliament
• Appeal must be lodged within 6 months

60
Right to appeal

• Planning permission refused
• Conditions imposed you cannot or do not wish to
  accept
• Fail to make a decision within an 8 week period
  or whatever extended period agreed with authority

61
Planning appeals

• A third of all appeals are successful
• 6 week process

Planning Inspector inquiry
Determination
62
The Planning Inspectorate

• Planning and enforcement appeals
• Inquiries into local development plans
• Inquiries into Local Development Frameworks
• Listed building consent appeals
• Advertisement appeals

63
The Planning Inspectorate

• Reporting on planning applications called in for
  decision
• Department for Communities and Local Government
• The Welsh Assembly Government
• Compulsory purchase orders

64
The Planning Inspectorate

• Rights of way cases
• Cases arising from the Environmental Protection
  and Water Acts, Transport and Works Act and other
  Highways Legislation.
• Process applications for awards of costs which
  may arise from above

65
Agricultural dwellings
66
Agricultural and Forestry dwellings

• Isolated development in countryside when
  proximity to place of work essential
• Outside the development envelope
• Planning permission required
• Restricted occupancy

67
Agricultural and Forestry dwellings

• Tight criteria need to be met before permission
  granted
• Functionality test
• Is there an absolute need for the worker to be
  housed at the place of work?
• Financial test
• Is the agricultural/forestry unit financially
  viable?
• Section 106 agreements used to implement
  occupancy conditions

68
Occupancy condition

• The occupation of the dwelling shall be limited
  to a person solely or mainly working, or last
  working, in the locality in agriculture or in
  forestry, or a widow or widower of such a person,
  and to any resident dependants."

69
Agricultural and Forestry dwellings

• Reference
• The Countryside - Environmental Quality and
  Economic and Social Development (PPG 7) Annex I

70
Permission granted
71
Permission granted

• Convert OUTLINE planning permission to FULL
  planning permission
• submit detailed plans
• accepted under reserved matters
• Material commencement within 5 years

72
Planning Conditions

• Permission granted subject to conditions
• Key test - planning permission would have to be
  refused if the condition were not imposed
• Conditions must be
• necessary
• relevant to planning
• relevant to the development
• enforceable
• precise
• reasonable

73
Planning obligations

• Section 106 TCPA 1990
• Restrict development or use of land
• Require operations or activities to be carried
  out
• Require land to be used in a specified way
• Require payments to authority

74
Planning obligations - examples

• Positive
• Require housing developer to install playing
  fields in residential development
• Install park furniture
• Install a cycle path
• Negative
• Forbid sale of agricultural dwelling separately
  from attached land
• Prevent development being occupied before certain
  highway works have been completed

75
Permitted development rights

• General Development Orders
• Specific planning permission NOT required

76
Permitted development rights

• Use of land (not buildings) for any purpose
  (other than caravan site)
• maximum 28 days
• clayshooting
• wargames
• maximum 14 days
• vehicle racing
• markets
• There are no permitted rights on SSSI

77
Permitted development rights

• Building, excavation, engineering for
  agricultural purposes on holdings gt 5ha

78
Permitted rights do not apply if

• erection or extension of dwelling
• within 400m of a dwelling
• mineral removed from holding

79
Permitted rights do not apply if

• separate land parcels lt1ha
• development gt 465m2
• construction height gt12m ( 3m within 3 km of
  airfield)
• within 25 m of classified/trunk road

80
Planning Gain

• The benefits or safeguards, often for community
  benefit, secured by way of a planning obligation
  as part of a planning approval and usually
  provided at the developer's expense.
• For example, affordable housing, community
  facilities or mitigation measures.

81
Certificate of Lawful Development

• Introduced in 1992
• Legitimise building work that has been carried
  out more than 4 years from the date of an
  application
• Can confirm that the work did not need planning
  permission or a use which has been in existence
  for more than 10 years before the application is
  made
• Supporting evidence required
• sworn affidavit
• Bills
• Receipts
• rent books
• Contracts
• Photographs
• Any other source of information