So, you have submitted a planning application, and it has been validated – what happens next?
Once a Council receives your planning application the Council will send you a letter confirming that it has been validated. A validation letter will contain standardised information which will state the statutory determination period (the length of time the application should take) with a target decision date as well as other information such as, for example, who your case officer is and the planning application reference number.
In most cases a standard determination period is 8 weeks, however, for those applications which are categorised as “major” the statutory time period would be 13 weeks. Whilst some Councils do determine applications on time it is, in our experience, quite reasonable (and advisable) to expect a Council to overrun the target date stated on the validation letter. This can be for a variety of reasons but is most commonly associated with delays in consultee responses or, in some cases, the need for applications to go through planning committees which generally run on set dates each month.
Whilst the statutory timescales, and process, should be consistent across all Council’s in our experience, the degree to which Council’s meet target determination dates and engage with applicant’s is highly varied so whilst it can be useful to have an idea of what should happen during this time period, it also pays, for all involved, to have a slightly flexible approach in mind working on a more reactive basis at this stage to work towards achieving an appropriate outcome.
Should an extension of time be required, the Council should write to you to seek permission for this as well as giving you a reason for the extension. If you disagree with the extension request reasoning you can appeal to the Planning Inspectorate on the grounds of non-determination in qualifying circumstances, however, this is not always the best route of action depending on the reasoning given. It is always worth discussing this with your planning consultant to ascertain the best options before you make a final decision as to how or if to proceed at such point.
The reference number, in your validation letter, does enable you to check the progress of your application by viewing documentation online or by contacting the appointed officer, however, not all Councils upload all consultation responses (particularly those relating to neighbours) online so do not automatically assume, for example, that there are no consultation responses if there is nothing showing online. As part of the application process, your application will also be publicised which generally starts the formal consultation period which should last for at least 21 days.
During the consultation period anyone will be able to submit written comments on the proposal which the Council will take into account when deciding your application, however, only relevant comments which are materially related to your proposals will be taken into account. Matters such as devaluing an adjacent property are not, for example, material planning considerations. Most applications are advertised online, in the newspaper, via letters to neighbours and Parish Councils as well as with site notices which must remain onsite during the formal consultation period.
Planning officers will often visit your site, and applications are determined against the relevant Local Plan as a starting point for determination which can include, in some areas, adopted Neighbourhood Plans as well as other material considerations which include the National Planning Policy Framework and supplementary planning documents. The planning system generally prioritises the public interest and solely private interests are rarely part of a material consideration.
The most common matters taken into account within most applications include the design, scale and layout of your proposal, the location and context, any considerations affecting highway safety and parking provision, impacts upon the landscape or street scene, impact upon neighbouring property and residential amenity as well impact upon trees and the local environment.
Once applications are assessed it is not uncommon for some Councils to contact applicants/agents for any minor amendments which may assist the proposal in being approved which, without them, would result in refusal. Depending on how extensive amendments are the Council may wish to extend the proposal’s determination period for further notification and consultation, but the level of engagement does unfortunately vary quite considerably between Councils themselves as well as officers within the same Council which sometimes, in all honesty, makes it more difficult to tell our clients what will happen as no two planning applications or planning processes are the same.
The vast majority of planning decisions are made by Planning Officers, under delegated powers, with the remaining decisions made by the relevant Council Committee. The dates of Committee meetings are available online on the Council’s website and most authorities allow applicants and the public to speak at such sessions when planning applications are being discussed and decided. If your application is to be determined at committee the Council will generally notify you as to details of any public speaking arrangements and the agenda, for the Committee Meeting, can be downloaded from the Council’s website with schedules generally being published at least 5 working days before the meeting is due to take place.
If your application is due to go to planning committee, Council’s Committee reports are generally completed within 2 weeks of the committee date itself. There are 3 possible outcomes to a planning application which include permission being granted in full, granted subject to planning conditions or refused and if your application is refused, or you disagree with any conditions, there is the opportunity to appeal to the Planning Inspectorate (which we will cover in one of our next articles).