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Planning Application Process & Advice

If the links below fail to jump to the section you require, please use the "BACK" button at the top of the page and scroll down the page to view the item in which you are interested.

• Pre-Application Advice
• Constraints which may affect Permitted Development Rights
• Dealing with a Planning Application
• Response Times
• Consultation & Notification
• Commenting upon a Planning Application
• Who makes the Decision?
• Development Monitoring
• Is Planning Permission Needed?
• Application Form Guidance Notes
• Requests for confirmation of compliance with planning conditions  
• Planning Appeals

Constraints which may affect Permitted Development Rights

There are a number of constraints e.g. Flood risk, Conservation Areas, Listed Buildings, Article 4 Directions, Tree Preservation Orders, Article 3 Restrictions and Contaminated Land which need to be considered by the Council, when deciding whether to grant planning permission. For details, follow this link.

Dealing with a Planning Application

Applications are given to a Case Officer to deal with. The Case Officer normally visits the site within 10 working days of the acknowledgement being sent out. In most cases the site inspection will be made unannounced but appointments will be arranged where this has been specifically requested. If there are any matters that need clarification or discussion, you or your agent will be contacted.

It is the Council's practice to negotiate, where possible, towards an acceptable scheme rather than refusing an application, which could be approved with sensible amendments or the submission of further details within the required time period. Some applications are unacceptable in principle. Many of these applications could be avoided if enquiries were made before an application is submitted,

The Council is required to determine most applications within eight weeks of registration unless it is a major application (e.g. involving 10 or more dwellings etc) where the period is 13 weeks, or one of the relatively few applications, which is subject to an Environmental Impact Assessment where a period of 16 weeks is allowed. The Council will only seek an extension to this period where there are good reasons for doing so and your co­operation is essential in ensuring that delays are kept to a minimum.

In certain cases involving major development proposals it may become obvious that the application requires significant additional information that will take some time to produce. You will be requested to withdraw the application to allow for its re­submission with all relevant information.

Consultation & Notification

Formal Consultations

Once a valid application has been registered, certain formal consultations are carried out. These include the County Council as planning authority and the Parish Council but may also involve statutory authorities and agencies such as Severn Trent Water Ltd., Environment Agency, County Council as Highway Authority and conservation bodies etc.
The Council also notifies interested parties and neighbours in accordance with Government Guidelines and our own adopted practices. This is done by displaying a site notice and in most cases by letter. In addition the following applications will be advertised in the Shropshire Star:

• Major applications
• Departures from the Development Plan where these are likely to be approved
• Applications affecting a Listed Building or its curtilage
• Applications within a Conservation Area, etc
• Applications that affect a definitive public footpath

Neighbour Notifications

A site notice will be displayed on the boundary of the application site or nearby. Occupiers of properties immediately adjoining the application site are normally notified in writing unless the proposal clearly will not have any impact upon them. More extensive notification by letter will only be undertaken in exceptional cases. You do not need to have received a notification letter in order to respond to an application.

A copy of the application is available for inspection during normal office hours at the ground floor Reception of the main Council Offices. A member of staff will be available to help explain the proposal but if you need to discuss the application with the Case Officer you will need to make an appointment. The application may also be viewed on our website using the "Public Access" facility.

21 days are provided for you to comment upon an application. This is to give us time to consider and, where appropriate, to seek additional information or amendments to the proposal.

If you are not able to visit the Council Offices during normal working hours or use the Internet, the plans may be copied but there will be a charge for this. If the person wishing to view the plans is housebound, arrangements can be made for an Officer to visit and explain the proposal where this is complex or a copy will be sent in the post.

Anyone who makes a representation or the organiser of a petition will have their letter acknowledged within 3 working days of receipt.

Please note that any comments made on an application will be open to public inspection. A summary of the comments received will be included in any report to the Development Control Committee.

Respondents will be informed of the planning decision within five working days of the decision notice being issued.

Commenting upon a Planning Application

Local views are invaluable and help the Council to consider planning applications. Your comments should be received within 21 days of being notified of the development or the date shown on the site notice. If you have access to the Internet, you may submit comments on-line via the Public Access section of the website, www.oswestrybc.gov.uk. If you have difficulty meeting this deadline please advise the Case Officer.

An administrative member of staff is always on hand to help you to inspect the plans and can advise on the next stages of the process. Where necessary the Duty Officer can give further advice. Planning staff are impartial professionals and cannot take sides!

The planning decision or officer recommendation to the Committee will always be based on the individual planning merits of the application. To make your views count you should clearly set out your points in writing, relating them to relevant planning matters. You may find it useful to look at the Local Plan policies in this respect. It is open to you to contact your local councillor or any member of the Development Control Committee. They will take note of your comments but will not be able to offer an opinion or indicate that they will give you support. If you write to a councillor, this should be copied to the Case Officer. Failure to do so may lead to the application being deferred to allow time to consider new information.

Matters relevant to a planning decision

In deciding whether or not to grant planning permission, The Council must refer to the Structure Plan and the Local Plan together with Central Government Advice and Guidance.
It must also consider all other relative material planning considerations such as:

• Siting, design and external appearance, including the size, shape and proportion of a building and its appropriateness to the locality.
• The effect of the proposal on neighbouring property, i.e. loss of amenity or privacy.
• The appropriateness of the use of the building or land in the location
• The effect on the landscape or the setting of Listed Buildings or Conservation Areas. However, since 10th August 2006 they have to be supported by a Design and Access Statement.
• The provision of landscaping and protection of trees and natural features
• Site stability or flooding liability, suitability of drainage systems, highway safety, means of access and parking.

Matters not relevant to a planning decision

The following are not planning considerations and cannot normally be taken into account in deciding planning applications:

• Matters controlled by other legislation including public health, the quantity or quality of water supply
• Effects on private rights; provisions in deeds or other covenants
• Values of neighbouring properties
• Retention or protection of a view
• Competition between individual businesses
• Personal situation, health or finances of the owner, occupant, applicant or developer
• Ownership of the land or buildings
• Moral issues e.g. in relation to public houses, amusement arcades or betting shops etc.

Who makes the Decision?

The Borough Council is responsible for making a decision on all applications other than those referred to as "County Matters". Decisions are made by the Development Control Committee of the Council at its monthly meetings. However, in line with guidance from Central Government, the Director of Community Services and Assistant Chief Executive has been given delegated powers to determine the majority of applications unless they are particularly large, have received objections which can not be resolved or would be approved contrary to the Development Plan. This allows a faster service in respect of non­controversial applications. The full list of delegated powers is set out in the Council's Constitution.

Delegated Decisions

The majority of householder applications are determined under delegated powers Applications, which are contrary to the Development Plan, can be refused under delegated powers.

Committee Decisions

Applications which are put before the Development Control Committee are included in an agenda. A copy of the agenda is available from the Council's Reception or Committee Services five working days before the day of the Committee. The agenda may also be viewed on the Council's website www.oswestrybc.gov.uk.

The decision notice, officer's report to Committee if appropriate and all representations received are held on file. The planning file is available for inspection five working days before the day of the Committee meeting during normal office hours. Copies of the application drawings may be purchased for consultation purposes but for copyright reasons, copies cannot be made of the approved drawings. Copies of the decision notice and agenda may be made subject to a charge but we do not copy contributors' letters.

Public Speaking at Committee

Members of the public can now be invited to speak at the Committee or ask a question. Only one objector and one supporter will be invited to speak on a proposed development. Invitations to speak will generally be issued in order of receipt of the completed form. Where there is more than one person wishing to speak for or against an application it may be of advantage to talk to other objectors or supporters and elect a speaker.

The Borough Councillor within whose ward the application lies is able to address the Committee even if the Councillor is not on the Development Control Committee and a representative of the Parish Council may also speak. The applicant or their agent will be given the right to respond where there is a speaker against their proposal.

Forms are available from the Reception at the Council Offices or can be requested over the telephone 677252. These must be returned not later than two clear working days before the Committee meeting at which the application is due to be discussed. Receipt of completed forms will not be acknowledged in writing. Those invited to speak will be notified by a letter or telephone call one, clear, working day before the meeting. If your application is unsuccessful you may still attend the Committee to view the proceedings. If you feel unsure about speaking at Committee you may wish to discuss the matter with your local Councillor or a planning officer.

The Planning Decision

The majority of planning applications are determined within eight weeks of receipt but larger and more contentious applications will inevitably take longer. The Council believes that it is better to reach a well­-informed decision and negotiate towards improvements where possible rather than issuing "poor" decisions quickly. The Council relies on others, including the applicants and Parish Councils, to constantly deal with applications speedily.

The Council can:

• Grant planning consent without conditions
• Grant planning consent with conditions
• Refuse planning permission
• Approve reserved matters (matters relating to a previous outline consent)

In certain circumstances temporary or personal planning permissions may be granted or the consent may be subject to a Planning Obligation ­ often called a Section 106 Agreement. Such Obligations can relate to the provision of road improvements, affordable housing, open space or restrictions to the use of the land or buildings, which cannot be included in a planning condition.

Full planning permission lasts for three years. Work started to implement the consent within this time should be notified to Development Services. You should check that any conditions requiring prior approval of details have been satisfied before starting work otherwise this may invalidate your planning permission. You should also check whether Building Regulations approval is required.

An outline consent may last for up to five years but the last of the reserved matters has to be submitted for approval no later than three years from the date of the outline planning permission and the development must be begun within two years of this approval (or within the original five years, whichever is the later) if it is not to run out.

If an application is refused, clear reasons will be given. The reasons will be based on planning policy as set out in the Development Plan and Government Guidance. If your application is refused you have six months from refusal (Six weeks for the display of an advertisement; 28 days for works to a tree which is subject to a Tree Preservation Order) in which to appeal to the Secretary of State. You may also appeal against a planning condition, which you consider is unreasonable. The details are given on the reverse of the decision notice.

Further information on appeals can be found in the free booklets produced by The Planning Inspectorate, which are available from The Planning Inspectorate or from the external website of The Planning Inspectorate at www.planning­inspectorate.gov.uk.

Before appealing, you may find it helpful to speak with the Case Officer to see if there is any common ground or room for compromise. You may also wish to seek independent professional advice.

Development Monitoring

Most development which takes place is either permitted without the need for specific approval, or benefits from planning permission. Planning permission is only granted after the procedures explained above have been undertaken. Once planning permission has been granted, it can only be carried out in accordance with the approved plans and planning conditions.

There are occasions where development takes place without the prior and proper benefit of permission or where it does not comply with the requirements of the planning permission. This constitutes a "breach of planning control". The Council is committed to investigate possible breaches of planning control and unauthorised development within the constraints of the resources available. Where, on investigation it is found that a complaint is not a planning matter, it will be quickly transferred to the relevant authority if appropriate. All complaints are:

• Treated in confidence
• Treated fairly
• Acknowledged within five days
• Answered, at least provisionally, within 15 working days and the outcome of any action will be explained to you.

It is an applicant's responsibility to ensure that development is carried out in accordance with the approved plans and that amendments are sought before they take place. Major changes require a fresh application. Such applications will be subject to the same consultation and notification arrangements as the original application. Sometimes minor changes can be dealt with by the Director of Community Services without the need for a fresh application but will be subject to re­consultation/notification where appropriate. If objections are received as a result and they cannot be resolved the amendment will be put before the Development Control Committee for a decision. If refused, a fresh application will be necessary before works continue.

Requests for confirmation of compliance with planning conditions

1. Article 21 of The Town and Country Planning (General Development Procedure) Order 1995 provides that where an application has been made to a local planning authority for any consent, agreement, or approval required by condition or limitation attached to a grant of planning permission (other than an application for approval under Part 24 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995(a))2 or if the request would be in respect of a reserved matter, which should be the subject of a reserved matters application), the authority shall give notice to the applicant of its decision on the application within a period of eight weeks from the date when the authority received the application, or any longer period agreed in writing by the applicant and the authority. This remains as the usual mechanism by which a developer seeks to clear a condition.
    
2. A fee will henceforth be payable where a written request to the relevant local planning authority is made for any application, in accordance with article 21 of the General Development Procedure Order, where written confirmation is required that one or more conditions imposed on the same permission have been complied with. The fee chargeable by the authority is £85 per request (or £25 where the related permission was for extending or altering a dwellinghouse or other development in the curtilage of a dwellinghouse). The fee must be paid when the request is made, and cannot be required retrospectively. For these purposes, it does not matter when the relevant planning permission was granted. It may be that some conditions on a permission have already been discharged by 6 April 2008 (the earliest point at which a request can be made under regulation 11D of the Fees Regulations as amended). The request, identifying the permission and the conditions concerned, can be made in any written form which is clear and legible.
    
3. In most cases the local planning authority will be able to respond in less than eight weeks. Indeed, authorities should endeavour to respond within 21 days for simple approvals, though a longer period may be justified if an authority has itself to obtain evidence or confirmation of compliance from a third party, such as a statutory consultee. Where confirmation or indication that-confirmation cannot be given, has not been supplied within twelve weeks of receipt of the request, the request fee must be refunded. The period of twelve weeks is in order to provide sufficient time to the authority to confirm compliance, particularly where it needs to get confirmation from third parties.
    
4. If the local planning authority considers that a condition has not yet been complied with, the authority should explain to the applicant what remains to be done. It is expected that there will be an exchange of information in either written or other form in order to provide evidence of compliance. Where the exchange of information to secure compliance of a condition is ongoing, it is not necessary for a new request to be made to the authority. The authority should issue confirmation of compliance when satisfied, unless it finds that enforcement action or a retrospective planning application would be more appropriate in the circumstances.
    
5. To confirm clearance of more conditions, a further request, and a further fee, would be required if the developer needs written confirmation. An additional request for confirmation that a revised detail achieves compliance with a condition would be charged as if it were the first such request; there is no discount or 'free go' in this context.
    
6. The facility just described is not available if the is in respect of conditions imposed on a minerals or waste permission under Fee Categories 9(a) or 11 for which the inspection arrangements provided for in Statutory Instrument 2006 / 994 and regulation 11B already cater.
    
7. In order to vary the terms of a condition, it will still be necessary to make an application under section 73 or 73A of the Act. It is for the planning authority to decide which part of the Fees Regulations is applicable to an individual case.
    
8. Local planning departments may choose to 'clear' some conditions informally without seeking the new fee, where they find it appropriate and more efficient to do so. It will be for the developer to decide whether any approval provided will suffice, or whether he or she should pay the new fee and request a more formal statement of compliance.
    
9. Although administrative practices in one local planning authority may differ from those in another, planning department staff should make every effort to ensure that requests from different applicants within the same authority area are handled fairly and with similar attention to the timing and quality of outcome; inconsistency of treatment should be avoided.