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NB Planning regulations are currently being revised by central government, so changes may result in the near future. Check with both CPRE and RTPI (contact details below). Are there different types of planning applications? There are two broad categories: new developments, such as a new building or a new football stadium; and proposals for change of use of existing land or buildings. Who decides on planning applications? Your local council (unless it is a very big development when the Government may get involved). When deciding on an application, a local authority is expected to take account of two things: its own development plan; and Government policy. Local authorities are required to produce development plans, sometimes known as structure plans or, in London, unitary development plans, which outline in broad terms their planning policies. For example, most local authorities will zone certain areas for residential development; other areas for industrial development etc. A local authority should not agree to a planning application that is contrary to its development plan. Nor should it go against Government policy. Government policy is set out in a series of Planning Policy Guidance notes (PPGs). PPG 24 deals with planning and noise. (Due to be revised by government) It is available from the Stationary Office (formerly HMSO) - tel 0870 242 2345 If a local authority refuses a planning permission, the applicant can appeal to Government. Objectors do not have that right. How can I object? Local authorities are obliged to publish planning applications. Specifically, they must notify the near neighbours of a proposed new development (or a change of use). But, if you suspect something is up, ring your local authority's planning department to check. You can object to a planning application, but there are strict, tight deadlines. Check these out with your planning authority. Local councillors make the final decision on whether to grant approval, but they usually base their decision on the recommendations of the council's planning officers. The officers' report is meant to reflect the views of both the applicants and the objectors. If you are objecting, you will want to communicate not only with the relevant planning officers, but also appropriate councillors. The key councillors are those who sit on the Planning Committee – particularly the Chair of the Committee. Also important are the local councillors for the area even if they are not members of the planning committee. If you feel you are getting nowhere, alert the local media to the planning application. Anything special to watch out for? Yes, three areas in particular. ¨ Outline applications. Usually just applies to bigger developments. An application for outline permission is to establish whether a development is acceptable in principle. If approved, details are decided at a later stage. But beware! Many key matters are set in stone at the outline stage. ¨ When the local authority decides its own application for a development. It's legal. And the procedures are much the same. But watch it very carefully! At the very least the local authority is expected to inform the Secretary of State (at the Department of Transport, Local Government and the Regions) and the relevant regional authority about the application. Check that this has happened. ¨ Removal or variation of conditions placed on a previous application. This could be very relevant to noise. For example, a pub or club may be looking to ease restrictions on the playing of loud music. How important is change of use? This is one to watch regarding noise. Change of use applies when the applicant wants to use a building or piece of land for a different type of development different, eg industrial instead of residential. Where it doesn't apply is when there is a change of use of the premises, but the type of development stays the same – for example, a noisy sheet-metal factory (industrial) may replace a quiet garment factory (industrial). There may be ways round this by looking at the conditions of the original planning application, but it is an area where there is a strong case for a change in planning law to be considered. Further information: Council for the Protection of Rural England, CPRE national office, 128 Southwark Street, London SE1 OSW Phone: 0207 981 2800 They produce a number of planning guides: Responding to Planning Applications. Email: Publications: publications@cpre.org.uk www.cpre.org.uk Planning Aid – provide free professional advice. For details of your local group contact the Royal Town Planning Institute, 41 Botoph Lane, London EC3R 8DL Tel: 020 7929 9494 www.rtpi.org.uk |
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UK Noise Association, PO BOX 551 Chatham, Kent ME4 9AJ Tel: 01634 863 852 www.ukna.org.uk info@ukna.org.uk |
Briefing Sheets: The Planning System—What Can I Do?
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