Preparation of Planning Applications Study Notes

Preparation of Planning Applications

Session Overview

• Institution: Harper Adams University

• Objective: To understand the process of preparing planning applications and various considerations involved in different types of applications.

  • Overview of the application process.

  • Discussion on types of applications and supporting documents.

  • Examination of typical objections and alternatives.

Agenda

• Exploration of the process of preparing planning applications.

• Considerations when choosing the type of application.

• Overview of example applications.

• Obligatoriness of application types for applicants.

• Examination of alternative options available to applicants.

• Discussion on supporting documents provided.

• Review of objections to applications.

The Application Process

1. Do you need planning permission?

   • Establish whether proposals constitute development.

   • Reference: S.55 of TCPA 1990 defines what constitutes development and what does not.

   • If deemed development: check if permitted by GPDO (General Permitted Development Order).

   • Determine if a requirement for Prior Approval exists.

   • If planning to build, significantly change an existing building, or change use, likely requires planning permission.

2. Pre-Application Advice

   • An optional service available before submitting an application to assist proposed planning projects.

   • Advantages:

     • Explore proposal without creating a negative planning history.

     • Receive informal views from planning officers on merits of proposal.

     • Guidance on necessary supporting documents before application submission.

   • Local Planning Authority (LPA) advice may cover:

     • Identification of material planning considerations.

     • Discovery of planning constraints.

     • Review of relevant planning history for the site.

     • Appraisal against local and national policies.

     • Recommendations for subsequent steps.

   • Benefits include gathering relevant information about policies, discovering needs for specialist advice, and preventing negative implications on planning history.

   • Costs: Fees vary, typically around half the fee of a full planning application.

3. Preparing the Application and Supporting Documents

   • Applications submitted via the Planning Portal.

   • Electronic submissions are most common; paper forms are also available.

   • Requirements: Complete application form and upload all necessary supporting documents.

4. Submitting the Application

   • Submission done upon completion of the application form and necessary plans/documents.

   • Application fees calculated and submitted through the Planning Portal.

   • Upon receipt, the LPA checks for validation of requirements.

   • Once validated, the processing period begins. If pre-app advice was sought, the same planning officer likely reviews the application.

5. Consultation Period

   • After validation, the application enters the formal decision period:

     • 8 weeks for minor applications.

     • 13 weeks for major applications.

     • 16 weeks if an Environmental Impact Assessment (EIA) is required.

   • Consultation involves statutory consultees providing expert opinions and public commentary (e.g., neighbors/community groups).

   • Public consultation lasts 21 days; responses expected within this timeframe.

6. Consideration of an Application

   • Same planning officer likely reviews the application if pre-app advice was previously sought.

   • Officers operate under delegated powers for most decisions.

   • Major and contentious applications reviewed by a Planning Committee comprising local councillors.

7. Decision Making Process

   • Planning Officer reviews every application, whether by committee or individual decision.

   • Officers prepare a detailed Officer’s Report:

     • Summary of the site and application.

     • Identify material considerations and relevant policies.

     • Provide reasoned recommendations for approval or refusal, along with suggested conditions if granting permission.

8. Permission Granted or Refused

   • Most decisions made by the planning officer; committees decide less frequently.

   • Decision Notices issued confirming the decisions with reasoning:

     • Grant conditions detailed in the notice.

     • All notices publicly available for access.

   • If permission granted:

     • Decision Notices to be read thoroughly before starting work; compliance with conditions is mandatory.

     • Some conditions may have additional review requirements with associated fees for Discharge of Conditions.

   • Conditions must be fair, reasonable, specific, and enforceable, independent of Building Regulations.

   • If permission refused:

     • Notices feature reasoning behind refusal, useful for assessing possible changes to applications.

     • Address concerns raised by consultees that were unresolved during the decision period.

9. Planning Appeals

   • Opportunity to appeal decisions of refusals or unfair conditions on permissions.

   • Appeals managed by the Planning Inspectorate, not by the LPA.

   • Average appeal timeline is approximately 30 weeks.

   • No fee for filing an appeal; applicants cover their expenses.

   • Consideration of an amended submission as an alternative next step.

Finding Applications

• All LPAs maintain an online register of planning applications searchable by unique reference numbers or specific criteria.

• Example: Telford and Wrekin’s online register available for public access.

Example Applications

• Example Application 1

  • Reference: TWC/2021/1071

  • Description: Installation of a ground-mounted solar farm with ongoing agricultural use, associated infrastructure, ecological enhancements, and security fencing.

  • Environmental Statement submitted.

  • Link provided for further information.

• Example Application 2

  • Reference: TWC/2021/0531

  • Description: Erection of one agricultural workers dwelling.

  • Link provided for further details.