3 Community Involvement in Development Control

Table 3.1 Figure 4 - Community Engagement in the Development Control Process

WHAT WE DO

HOW YOU CAN GET INVOLVED

PERMITTED DEVELOPMENT INQUIRIES

Telling you if you need planning permission

 We cannot control development that does not need planning permission. however, it is a good idea to discuss your proposal with your neighbours.

PRE-APPLICATION INQUIRIES

We recommend that you discuss your proposals with us before applying for planning permission.

We encourage applicants to consult the community, statutory consultees and other interested parties before applying for planning permission so that well-founded concerns can be addressed in advance.

If you are applying for planning permission, it is your responsibility as an applicant to determine whether underground or overhead utility services will affect your proposal.

PROCESSING PLANNING APPLICATIONS

When you apply for planning permission, we will consult your neighbours, the Parish Council (if any) and bodies such as the Highway Authority and the Environment Agency where relevant.

If your neighbour applies for planning permission, we will notify you in writing.

We decide whether to grant planning permission based on local, regional and national planning policies and whether there are other material considerations such as matters raised by consultees.

We require peoples' plans to be clear, easily understandable and show all relevant details.

We encourage developers of major schemes to consult the local community before they apply for planning permission.

When we consider planning applications, we consult neighbours, parish councils and specialist. All comments are placed on public record. All decisions are explained in terms of relevant planning planning policies and matters raised by consultees either in a committee report or a file note.

DEFENDING DECISIONS AT PLANNING APPEALS

If we have refused planning permission, you can appeal to the Secretary of State. Appeals are considered by an inspector by written submissions, informal hearing or public inquiry.

Appeals are dealt with by THE PLANNING INSPECTORATE not by the Council. We do however tell anyone about the appeal who has made representations on the planning application. The Planning Inspectorate has standards which you can read about on their website (www.planning-inspectorate.gov.uk)

ENFORCEMENT and MONITORING

We have to monitor compliance with planning control and take action where serious breaches occur.

 Retrospective applications to regularise a breach of planning control are subject to the same processes as other planning applications. If you complain about an alleged breach of planning control we will investigate the complaint and tell you what action has been taken.

Development Control

3.1 Lancaster City Council determinesimost planning applications in the District. This process is called Development Control. It's key elements are shown in Figure 4. This part of the SCI tells you how the community is involved in planning applications.

Do I need Planning Permission?

3.2 Some minor development does not need planning permission. You can view basic information on our website (www.lancaster.gov.uk) and download a householders questionnaire on house extensions and minor operations. Determining if permission is needed can be complicated. Even if you think that permission is not needed, it is a good idea to write to or e-mail the Planning Advice Team to confirm it. Even if you do not need planning permission, it is a good idea to discuss your proposals with your neighbours.

In complex cases, or where formal confirmation is required, you may wish to make a formal application for a Certificate of Existing Lawful Use or Development or a Certificate of Proposed Lawful Use or Development. Consultations undertaken in response to these will be similar to those for normal planning applications.

Performance Standard 2

DC1 - PERMITTED DEVELOPMENT INQUIRIES 

WHAT WE WILL DO

WHY WE WILL DO IT
Where a household permitted development inquiry is submitted using a completed householder's questionnaire, we will aim to respond within 5 working days.

We will seek to ensure that complex cases are pursued by means of a formal application for a certificate of lawful use or certificate of lawful development

To ensure a prompt, reliable responsive service for householders

So that all relevant facts are available when complex cases are considered.

Pre-Application Inquiries

3.3 If you are making any type of planning application, you should discuss your proposals with the relevant Development Control Area Team before submitting the applications. Pre-application advice, whether verbal, by e-mail or by telephone is an initial informal view and cannot guarantee a planning approval. Most routine inquiries can be dealt with by the Planning Advice Team. Complex inquiries should be made by letter or e-mail. Due to staffing and resource constraints, you may only ring planning officers between 9.30 am and 10.30 am on working days. Contact at other times should be via e-mail or appointment.

3.4 We are committed to open government. Requests for confidentiality must be clearly justified and will only be given on a time limited basis. Advice will not be given to anonymous callers. All pre-application meetings, e-mails and telephone calls will be recorded and filed with any subsequent planning application or, in the absence of an application, the appropriate area file.

Who decides Planning Applications?

3.5 We also publish a weekly list of all planning applications received on the website. Most applications are determined by planning officers under delegated powers. Major and controversial applications are determined by the Planning and Highways Regulatory Committee. Our scheme of Delegation ( ‘Appendix 3 - Scheme of Delegation’) sets out how applications are determined.

Who is consulted on Planning Applications?

3.6 When we receive an application, we write to residents, ward members, statutory consultees and other interested parties. In some casesii, we also put up a Site Notice. ‘Appendix 4 - Scheme of Consultation on Planning Applications’ lists consultations for different types of application.

3.7 We will notify consultees by letter giving them 21 days, or for English Nature 28 days in the case of a planning application potentially affecting SSSI or in a SSSI consultation areaiii in which to comment.

3.8 Sometimes people change their plans. Big changes which significantly change the overall impact of a proposal will require a new application and full consultation. Where changes would alter the impact of the scheme on neighbouring properties, we will re-consult materially affected parties. Minor amendments with no significant difference in impact  will not be subject to consultation. These considerations will apply both to amended plans submitted before a decision is taken and to amendments to a scheme after it has been approved.

Performance Standard 3

DC2 - CONSULTATION ON PLANNING APPLICATIONS

WHAT WE WILL DO

WHY WE WILL DO IT
In determining planning applications, we will notify neighbouring residents, businesses and other local organisations in accordance with the Scheme of Consultation (Appendix 4). We will undertake additional notification where necessary. So that people affected by planning applications are made aware of them and can comment and raise their concerns on an open, fair and consistent basis.

Table 3.2 Figure 5 - Planning Grounds for Making Representations

Matters generally considered to be PLANNING GROUNDS

Matters NOT generally considered to be PLANNING GROUNDS
√  The Council's Local Development Framework (Development Plan Documents and Supplementary Documents) saved  Local Plan policies and Supplementary Planning Documents X  Loss of financial value of a property as a result of a development
√  Government policy, as expressed in Planning Policy Statements and Guidance X  Commercial competition and increased competition for individual businesses
√  The Planning history of the site - existing uses and previous decisions. X  Matters covered by other legislation, such as the Building Regulations 
√  The design and appearance of the proposed development and how it would  fit in with the character of the area X  The race, gender, ethnicity, religion, sexual orientation and socio-economic status of the applicant
√  The number of buildings and how they are arranged on the site X  The occupiers of the development (except where it is meeting a specified need e.g. sheltered housing)
√  The impact of development on highways and public rights of way including parking, access and highway safety X  Private property rights (e.g. boundary or access disputes, restrictive covenants)
√  Overlooking and loss of privacy or loss of daylight/sunlight as a result of the development X  Whether an application is for retrospective permission
√  The protection of the countryside, it's character and appearance X  Your views of the applicants morals motives or past record
√  The protection of listed buildings, conservation areas, nature conservation sites and archaeological remains X  Possible future development - the Council has to consider the application placed before it, not what might be applied for in the future
√  Control of pollution and noise X  Loss of views over other peoples land
√  The effect of development on the overall vitality or viability of a Town Centre X  How long you or the applicant has lived in the area

How to Comment on a Planning Application

3.9 Anyone can make representations on a planning application in writing or on line. You may object to, or support, the proposal. If there is an objection, it DOES NOT mean that permission will be refused. It means that the concerns raised will be considered together with planning policies, other comments made and any other material considerations. Planning is concerned only with the public interest. Objections can only be given weight if they are made on planning groundsiv

Addressing Planning and Highways Regulatory Committee

3.10 If an application is considered by the Planning and Highways Regulatory Committee, people (other than the applicant) may address the Committee to oppose, support or comment on any planning application. If oral objections are raised the applicant has a right to respond. Any presentations should be limited to planning considerations. To speak, you must register in writing (or e-mail) by 12:00 two working days before the committee date at:

3.11 Lancaster City Council, Administration Services, Lancaster Town Hall, Dalton Square, Lancaster LA1 1PJ.

Feedback - The reporting of Representations

3.12 Representations on planning applications are public documents and cannot be confidential. We cannot respond to representations individually. We do however record how we have considered all objections in the Committee Report or in a file note. Representations and responses to the concerns raised will be made available on the planning application file which is a public document.

Performance Standard 4

DC3 - CONSIDERING AND RECORDING OF REPRESENTATIONS ON PLANNING APPLICATIONS

WHAT WE WILL DO

WHY WE WILL DO IT
We will have regard to any written or e-mailed responses received when we determine planning applications. We will make available for public consultation all representations made and our response to them So that people can be sure that their concerns have been taken into account


Table 3.3 Figure 6 - Different types of Community Engagement

Type of Application

Pre-Application Community Involvement (recommended)
Householder Development Discuss your proposals with any affected neighbours
Development in villages Discuss your proposals with the relevant Parish Council
Development giving rise to local controversy Discussions with residents groups, public meetings, leaflets and use of local media
Regeneration Projects Discussion with residents groups, 'Planning for Real' exercises, local media
Development with significant impacts Local and regional media, any local residents groups, exhibitions, public meetings, leaflets, models, community websites, statutory consultees

3.13 Applicants for schemes with significant off-site impacts are positively encouraged to engage the Community, key stakeholders and utility service providers themselves before making applications. We will help to facilitate this. Community Involvement cannot be compulsory but will help to avoid delays. It may continue after submission.

3.14 The measures needed will depend on the proposal (see above) and could include public meetings, exhibitions, leaflets and 'Planning for Real'. Figure 6 lists different consultation techniques and appropriate measures for different types of development. Measures undertaken, representations received and changes made should be accurately reported. We will still carry out our own consultations.

Performance Standard 5

DC4 - COMMUNITY INVOLVEMENT BY DEVELOPERS

WHAT WE WILL DO

WHY WE WILL DO IT
We will encourage applicants for development with significant off-site impacts to submit a report of community involvement stating how the community was engaged, what responses were received and how the proposal has been changed So that applicants involve the local community in working up development proposals and avoidable objections are resolved.

Materials to Accompany Planning Applications

3.15 Major developments may also require specialist reports on issues such as Retail Impact, Traffic, Contamination, Landscape, Archaeology and Environmental Impact. Applications without supporting documentation will be regarded as incomplete.

3.16 For effective Community Involvement, applications must be easily understandable. Applications must be accompanied by accurate metric plans, normally including site plans, layout plans, floor plans, elevations and sectional drawings.

3.17 They should show how proposed buildings relate to each other and adjoining buildings in terms of height and floor levels. Applications should clearly show any buildings, trees or landscape features to be removed or otherwise affected.

3.18 Development with major off-site impacts and proposals in sensitive areas may sometimes benefit from more sophisticated measures such as models, artist’s impressions and detailed landscape or townscape analysis.

Performance Standard 6

DC5 - ILLUSTRATIVE MATERIAL FOR PLANNING APPLICATIONS

WHAT WE WILL DO

WHY WE WILL DO IT
We will seek to ensure that planning applications provide sufficient illustrative material to allow the impacts of the proposal to be understood. This may include sectional drawings where height is an issue To make sure the Community understands what is being proposed and it's impacts


E-Government in Development Control

3.19 We are strongly committed to making the maximum possible use of the website to deliver Development Control services. At present, you can view agendas and minutes for Planning and Highways Regulatory committee, lists of applications made and lists of decisions made. You can also download planning application forms and the Householder questionnaire (see p3.2). You may also comment on planning applications and report breaches of planning control. Planning applications will be viewable online from July 2005. As resources permit, the Council will work towards developing a capability to receive on-line planning applications.

3.20 If you are concerned about unauthorised development or think that a breach of planning control has occurred, you may write to, ring or e-mail the planning enforcement team. All complaints are investigated and complainants kept informed of progress and action taken. Where no breach has occurred or where enforcement proceedings cannot be justified, we will explain to the complainant why this is the case.