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Planning application process

How the council processes planning applications

Checking

Planning applications are submitted to Planning and Regeneration Services. Most applications must be accompanied by a fee. When an application is received it is allocated a number and then examined to make sure the form is completed, the submitted plans contain sufficient information, design and access statement (when required) is adequate and the fee is correct. When these checks have been carried out and the application is considered valid, publicity and consultation follow.

Publicity

All valid applications received each week are compiled in a 'weekly list' and copies sent to Councillors, Parish Council's, Civic Societies, Public Libraries and other individuals or groups who have given prior notice of their interest. Notifications are sent out by post to neighbouring properties when an application is received. In addition certain types of application are advertised in the press and / or by means of a notice placed on, or adjacent to the site. There are also special procedures for publicising certain types of permitted development including demolition of particular types of property, agricultural buildings and so on. (Separate notes available on request.)

Planning applications which are awaiting a final decision are kept in the 'Part I Register' which can be inspected at Planning and Regeneration Services. Applications which have been advertised by public notice on site or in the press may also be inspected at certain other Council offices. The Copyright, Designs and Patents Act 1988| permits the copying of plans and drawings to enable the public to inspect at a more convenient time and place. Requests for copies should be made to Development Control . A fee is charged for this service. Applications can be viewed online at

Any member of the public is entitled to comment (to make representation) on an application. Comments should be made using our online comments form (first searching the database of recent applications to find the application number), or in writing to Planning and Regeneration Services, within the period specified in the site or press notice. Search planning applications.

Consultations

There are several statutory consultations which the Council is required to undertake dependent on the category of application. Consultees include Engineering Services on highway and drainage issues, the Environment Agency, Yorkshire Water| on drainage and sewage matters, Environmental Health if there may be noise or smells caused and the Forestry Unit if there are trees on the site. Staff visit the site, assess any consultee responses or public representations, and may discuss amendments with applicants or their agents before the application is determined in the light of the matters outlined on the following pages.

The decisions

Officer decisions

Most applications may be delegated to the Head of Planning and Regeneration or the Development Control Manager who may grant or refuse planning permission and related consents, irrespective of objections except for -

Committee decisions

Applications which are not delegated to the Head of Planning and Regeneration go to the Planning Committee for a decision. The Committee usually meets every three weeks.

Officer reports to the planning committee

To view Officer reports to a forthcoming Committee Meeting first go to the Committee meetings Calendar and select the relevant 'Planning Committee' (they usually meet three weekly on Tuesdays). From the Agenda select the link which follows 'Planning Applications List'. This will open a word document which lists all the reports for the applications which are to be considered by that Committee. We make every attempt to have this document available at least seven days prior to each meeting.

If you wish to view a report for an application which has had a decision, you will be able to find it by searching for the application and selecting 'Documents for Application No…' of the relevant search result. Search planning applications.

Procedures at committee

All meetings are open to the press and public. Where a written objection is received from a member of the public within the three weeks publicity period both the applicant and the objector are informed of the date and time of the Committee meeting. Where a specific request is made to be informed of a meeting, this is also undertaken. The Council's public participation policy for the Committee is as follows:

• The Planning Officer will outline the item
• Members of the Committee may question the Planning Officer (questions only, not comments or general discussion)
• Ward / Parish Councillor may then be allowed to address the meeting in relation to the application being considered. The speaker will be allowed no more than 5 minutes
• Members of the Committee may then question the Ward / Parish Councillor
• The objector or a representative of the objectors is then allowed to address the meeting – NOTE: normally only one person is allowed to speak for the objectors, but it is open to the Chair to allow any more parties to speak to enable further points to be raised
• Members of the Committee may then question the objector (s)
• The applicant or his / her representative may then be allowed to address the meeting. The speaker will be allowed no more than 5 minutes in which to state his / her case
• Members of the Committee may then question the applicant or his / her representative
• Debate takes place by the Council Members only
• The matter is put to the vote.

Please note: Disputes about the right to speak and / or participate will be determined by the Chair whose decision is final.

Where the Committee agrees to depart from established policy or wish to refuse permission contrary to officers' recommendation, the Councillors' reasons for doing so are recorded in the Committee minutes. Search Council, Cabinet and committee minutes.

Late amendments to planning applications

The Planning Committee will not consider late amendments submitted after the Committee list has been published.

Deferral of applications

The Planning Committee will normally only defer the determination of an application where there is an administrative or legal reason for so doing. If an application is unsatisfactory by way of principle, detail or lack of information then the most appropriate course of action would be to refuse it.

Withdrawal of planning applications

An applicant or agent wishing to withdraw an application, before it is determined by either the Head of Planning and Regeneration or the Planning Committee, must make the request in writing.

After the decision

If an application is refused, that is not necessarily the end of the matter. The applicant can appeal to the Secretary of State, who may, if permission is refused unreasonably and cannot be supported by reference to policies, not only grant permission but also award costs to the appellant. Objectors to an application which is permitted, however, have no right of appeal. If permission is granted, development can begin. (The Council can revoke or modify permission in certain cases, but they may be called upon to pay compensation for this).

Re-application

Following either refusal or approval, with or without conditions, a re-application may be made. If submitted within twelve months of the date of the earlier decision, it may be exempt from a fee (see separate scale of fees).

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