A Charter for Development Control

16 June 1993

1. Service and Quality

1.1 Development Control is a process which regulates the development and use of land. It involves the consideration of planning applications, the monitoring of development as it takes place, enforcement action where breaches of control have occurred, and the provision of information and advice about the system generally and individual proposals specifically. It is a process governed by the law, and can be complex.

1.2 Development Control is also a service to local communities. Its objective is to ensure that changes to our physical surroundings - buildings and land - are right for their purpose and location. A framework for development is set out in Government guidance, and in more detail in structure, local and unitary development plans. These are supplemented in some instances by local policies and advice. Planning applications are considered against the framework, in particular the adopted development plan for the area, but also many other material factors.

1.3 The aim is to make the best decision about each application, not necessarily the quickest. This means taking into account a proposal's impact upon the environment and on the interests of the community. It may also mean balancing the needs of the applicant against the effect a development might have on neighbours and other people living nearby.

1.4 Applicants, neighbours and the public generally are all customers of the Development Control Service. Many have little or no experience of how the system works. They must be treated positively, courteously and equally. This Charter sets out how the service will be delivered. It defines the service and the standards to be met.

1.5 Some planning applications raise complicated issues. Some concern the specialist areas of minerals and waste disposal, or require assessments of their environmental impact. By their very nature such applications will take longer to deal with and be subject to some variations in procedure.

1.6 As with the Charter itself all letters and documents relating to development control will be written in plain language. The service will take into account the needs of ethnic and minority groups.

2. Pre-application discussions asking for information and advice

2.1 Discussions will be welcomed before an application is made so as to encourage high quality applications and to ensure they can be dealt with as efficiently as possible. An officer will be available during office hours to provide general information and advice. It will however help, particularly in the case of a specific proposal, to make an appointment to ensure that enquiries can be dealt with more promptly and effectively. If a proposal is large or complex a meeting can be arranged at which relevant officers can be present. If requested, confidentiality within the Council will be respected at this stage. If advice is sought by letter our aim is to reply within 5 working days of receipt. Telephone enquiries not capable of being dealt with immediately will be returned within 1 working day.

2.2 The advice given will be accurate and objective, but will be without prejudice to the formal consideration of an application. Information will be given about relevant planning policies and previous decisions, and about the Council's requirements in relation to such factors as design and servicing standards. On request, and where possible from the details provided, advice will be given about the anticipated outcome of an application.

2.3 Advice will be made available on how to make a planning application and on the Council's requirements for common kinds of development. This will explain how an application is submitted and considered, how the decision is made, people's rights of access to information and documentation, and the standards of development quality the Council expects.

2.4 Copies of the Council's planning policies and other relevant documents will be available for sale, as will information about Council procedures, and Committee dates and membership. If requested advice will also be given, where known, on the other approvals or consents which may be necessary, or on other steps which may need to be taken.

3. Submitting a planning application

3.1 It is the applicant's responsibility to make sure that the application is submitted correctly. However, if needed, help or advice will be available for completing the application form and in providing private householders and individuals with ordnance survey site plans. The applicant will be told what fee is payable.

3.2 If the application is incomplete or invalid the applicant will be notified with an explanation of how this deficiency can be corrected. If the application is for a proposal which is permitted development, or for which planning permission is not otherwise required, it will be returned and the fee refunded.

3.3 Each valid application will be registered and its receipt acknowledged. A specific target date for a decision will be given. The rights of the applicant will be explained.

3.4 Some applicants may prefer to use their own professional adviser or agent. In such cases discussions and negotiations about the application will take place directly with the adviser.

4. Dealing with an application

4.1 The case officer dealing with the application will be identified and his/her responsibilities defined. The case officer will make an early visit to the site. If access is required a suitable appointment will be made where necessary.

4.2 Where it is clear from the outset that certain information is missing the applicant will be notified in writing of the requirements and the reasons for them. A time limit for their return will be given and the implications of non-receipt will be explained. If the need for further information arises while the application is being dealt with the applicant will be notified immediately of that need and the reason for it.

4.3 If the proposal is unacceptable as submitted but amendments could be made to overcome its deficiencies, suggestions will be made to the applicant. In such circumstances more time may be needed to consider a revised application before a decision can be made.

4.4 Applicants will be informed, on request, about the progress of applications. If an application cannot be dealt with by the target date, the reason will be explained to the applicant. More time will be sought only if there is good reason for doing so.

5. Notifying the public

5.1 The Statutory Register, which lists all current planning applications and past decisions, will be indexed. It will be available for inspection by the public during office hours.

5.2 The Council's notification and publicity policy, and how it relates to neighbours and to interest, amenity and residents groups will be publicised. It will explain the rights of people wishing to make comments on how they can do so, how they can obtain information and how comments will be treated.

5.3 An officer will be available during office hours to provide information and advice. Information about planning applications will be provided weekly and publicised. Those people notified about a specific planning application will be advised how they can make comments upon it, and will be allowed 21 days in which to do so. If material amendments are made to the application, neighbours will be re-notified and allowed 14 days for further comments.

5.4 All comments received will be considered before the decision on an application is reached. Committee members will be told about the comments, and their relevance to the application will be explained.

5.5 An objector or an applicant can ask to put their case in person to the Committee. Any request should be to the Chairman and should be in writing at least 5 working days before the Committee. One speaker from each side will be allowed to put their case and should aim to speak for no more than 5 minutes.

5.6 All those making individual representations and organisers of petitions will be informed of the decision on the application. Information about the application and the decision will be publicly accessible.

6. Making the decision

6.1 The Council will publicise its own performance targets, setting out the timetable within which it will make decisions. The Council will aim to decide 80% of applications within 8 weeks.

6.2 Once a final decision has been made the decision notice will be issued to the applicant within 2 working days. Any conditions attached to a permission, reasons for refusal, and/or any additional information or advice will be set out clearly and the reasons for them explained.

6.3 Some decisions may not be made until the applicant and other relevant parties have entered into a planning obligation. If an obligation is believed to be required, an applicant will be told at the earliest opportunity so that negotiations over the form and content of the obligation agreement can be conducted concurrently with the processing of the application.

6.4 Where a decision has been made to refuse an application, changes or alternatives will be suggested, on request, where it is felt these would lead to a favourable decision on a revised application. The applicant's right for appeal against the decision will be explained.

7. Monitoring development

7.1 Once full planning permission has been given the applicant may need to submit for approval by the Council any details of the development which have not been agreed beforehand. These details will be described in conditions attached to the permission, and approval must be sought before development can take place. In the case of straightforward matters, such as materials to be used, a decision will be issued, or a request for further information will be made, within 10 working days of receipt. In the case of more complex matters, such as landscaping schemes, a decision will be issued within 20 working days.

7.2 Development must be carried out in accordance with the approved plans. It is important that the Council's requirements are met and the permission is correctly implemented. The Council will monitor development as it takes place. It is the applicant's responsibility to let the Council know if amendments to the approved development are necessary. The approval of any amendments will be dealt with promptly on the receipt of amended plans.

8. Enforcing the Planning Law and Regulations

8.1 When an alleged breach of planning control is reported or suspected, the site or premises will be inspected and other information sought to establish the facts. Where a breach of planning control is established the person responsible for the breach will be informed of what is wrong and what action should be taken to correct it. A time limit will be given and the consequences of not taking the appropriate action will be explained.

8.2 Complaints about alleged breaches of planning control will be treated confidentially within the Council so far as is practicable. The complainant will be notified in writing within 15 working days of receipt of the complaint of how the Council intends to pursue the matter. The complainant will be further notified in writing of the decision to take enforcement action within 10 working days of that decision being made. If the Council decides not to take action the reason will be explained.

9. Complaints and performance

9.1 The Council will publicise its complaints procedures. All complaints about the way in which development control matters have been handled will be acknowledged within 5 working days. All complaints will be fully and promptly investigated, and the complainant, will be given a written response recording the outcome of the investigation and any action the Council proposes to take. If no action is proposed the reasons will be explained. If the complainant remains dissatisfied with the way in which the Council has handled the matter, the procedures for making a complaint to the Commission for Local Administration (the Local Ombudsman) will be explained.

9.2 The Council will publish a quarterly review of its performance in relation to the Department of the Environment's and Welsh Offices' determination targets.

9.3 The Council will publish an annual review of its Development Control performance. If it has fallen below its established service levels and targets, it will identify and detail the reasons for doing so, and describe the measures it proposes to adopt to ensure targets are met. Complaints and the action taken upon them will be identified, and customer satisfaction assessed. It will consider whether the quality of development which has taken place matches its expectations. If justified by local circumstances it will examine and revise its policies, practices and targets.