Planning procedures and performance

Contents

What is Development Control?

The aim of Development Control is to ensure that the pattern and nature of proposed development falls within local policies and follows Central Government legislation and guidance as set out in Planning Policy Guidance Statements.

We deal with applications using the standards in Our Development Control Charter and will try to deal with your application within eight weeks, thirteen weeks for major applications. Application go through various stages before we make a decision.

Validation Stage

When we receive an application we check it to make sure it is a valid application.
We check:

  • the forms are filled in correctly
  • all plans are accurate and to a recognised scale
  • all additional information that is required is included, such as Flood Risk assessments, Bat Surveys
  • whether any additional information might be required
  • the correct fee is included.

If we do not have enough information to process an application we will write to the applicant outlining the issues.

When we have everything we need, the application is valid and is added to the planning register, allocated to a planning officer and the time frame begins.

Publicity and Consultation Stage

The next step is to publicise the application. For most types of application we have a statutory duty to allow members of the public at least 21 days to comment on the application, this is known as the Consultation Period.

Registered applications can be publicised in several ways

  • Added to the eplanning service
  • Added to the weekly list of applications received. This is also available on the eplanning service
  • Letters sent to neighbours
  • display a public notice at the application site
  • advertised in the Derby Telegraph.

We also send consultations to various bodies:

  • council departments such as Environmental Health, Highways, Policy
  • external groups such as English Heritage, Sport England, Police

We offer a special service to disabled people and people unable to get to our offices for some exceptional reason, such as caring for a dependant relative. We will send a copy of an application or arrange a visit by the case officer to the person’s home to show them the application.

Comments can be made by anyone, regardless of whether they were notified individually. We will consider all representations, providing they relate to relevant planning issues, what we call ‘material considerations’. We cannot consider issues such as:

  • any moral issues
  • loss of property value
  • private disputes between neighbours
  • matters covered by leases or covenants
  • the impact of construction work
  • competition between firms.

Comments can be submitted by:

  • through the eplanning service consultation section
  • or write to the Director of Planning and Facilities Management.
  • Petition

Comments need to include contact details for us to be able to take them into account.

Petitions should include a concise statement covering the subject of the petition repeated at the top of each page. The petition should include the name, address and signature of any person supporting the position, and the contact details, including an address, for the petition organiser. Details of the requirements for an e-petition .

We acknowledge comments by post or email and they will be made available for public inspection under the Local Government (Access to Information) Act 1985. All comments are published on our eplanning service, we remove personal details such as telephone numbers, e-mail addresses and signatures, however all other details will be published.

After the publicity and consultation stage the officer dealing with the application can make a decision on the application.

Decision stage

The Planning Officer dealing with the application will visit the site to check that the drawings are correct and to assess site features and surrounding area. If there are any problems with your application, if appropriate, the officer will negotiate a scheme that is likely to be acceptable.

Our practice is to negotiate improvements to applications when necessary. We will normally renotify neighbours on amendments, if we consider that they raise new issues that could lead to the need for further comment. We usually give 14 days for such comments to be made.

The Officer will form a professional view on the acceptability or otherwise of the proposal. This might involve assessing responses from other people consulted as well as comments from local residents. As part of the process of dealing with a planning application, the officer will have to take into account various Planning Constraints that could affect the decision.

The Officer will recommend either to grant permission, usually with conditions, or to refuse permission. We base the recommendation on planning considerations and we will not recommend a refusal just because many people oppose the proposal. We must make sure that an application fits in with the development plan for the area and meets other approved planning policies and standards. We will take account of relevant comments from other Council departments and sections such as noise and potential traffic or road safety problems.

Many decisions are taken by officers and the final decision is likely to be made by the Director of Planning and Property Services under powers delegated. Some applications go to the Planning Control Committee who consider and determine the application, this is where:

  • Fifteen (15) or more duly made objections (within 28 days of notification of an application) have been received, which raise material planning considerations and the officer recommendation is to approve permission/consent - (objections from the same house or household or family members will be treated as a single objection), or
  • the application is contrary to a Local Plan allocation and the officer recommendation is to approve, or
  • a Member of the Council has, within three weeks of being sent notification of an application, written to the Strategic Director of Neighbourhoods requesting its determination by the Committee, giving reasons for the request. Where the member concerned does not attend the meeting in person, or submit written representations, the application will be deemed to be determined in accordance with the recommendation of the Director of Regeneration and Community.

Full details can be found in the Council's Constitution - Part 3 Scheme of Delegations

The Planning Control Committee

The Planning Control Committee consists of Councillors from the different political parties and wards of the City, however, the committee members are not there to represent their ward.

Committee meetings are held in public, normally every four weeks on a Thursday evening starting at 6.00pm in The Council Chamber, The Council House, Corporation Street, Derby DE1 2FS.

Dates of meetings, agendas, minutes and Officer Reports for current and historic Planning Control Committee can be found on our Council Meeting Information System (CMIS).

When an application goes to the committee, the planning officer will write a full report with a professional recommendation, the agenda and reports are available five working days before the day of the committee.

The report will usually include

  • include a summary of the applications proposal
  • a planning history of the application site
  • a summary all the grounds of objection or support
  • a summary of consultations and the resulting comments
  • a summary of relevant planning policies
  • the officer opinion and recommendation

There might be an opportunity to speak at the meeting; we now allow two objectors to speak on an application being reported to the meeting. If more than two objectors have expressed a wish to speak, they must get together to choose a spokesperson. To speak at a commmittee all Speeches:

  • Must be limited to planning issues
  • must relate directly to the application under consideration.
  • are limited to three minutes.
  • when someone speaks in objection, the applicant or their representative can also speak.

If you have commented on an application and wish to address the committee please contact Development Control. We will give you a date of the meeting the application should go to, although this might change.  We cannot accept a request to speak later than two days before the meeting, this is because of the requirement to notify the applicant so they can then choose if they wish to reply to any objections.

Decision Notice

We will issue a formal notice of the decision usually within three days of it being made. This will set out any conditions you have to comply with when permission has been granted or if your application is refused, we will give clear reasons why. If an agent has been used to submit the application we will send the Decision Notice to the agent. If conditions have been imposed or your application is refused, you can, if you wish, appeal the decision.

Implementing Development

A Planning Permission may include conditions requiring you to submit further details for approval by us. This must be done by submitting a Discharge of Conditions application, there is a fee for this application.

All development must be done in accordance with the approved plans and any conditions attached to the permission. It is the developer’s responsibility to let us know if amendments to the approved plans are necessary. A Planning Officer will be able to advise whether the changes need to be formally approved by submitting a further planning application or whether we can deal with them by letter. If this is necessary, we will deal with any application promptly and give an early warning if the changes are likely to be unacceptable.

Even when you have Planning Permission, you might still need to get the land or building owner’s approval, and the permission will not override any restrictive covenants, which affect the property.

Appealing a Decision

Appeals can only be lodged by the applicant or their agent against a refusal or appeal against conditions. Appeals are submitted to the Planning Inspectorate. Details of how to do this are in the notes attached to the decision notice.

We will normally agree to the ‘written representations’ method of dealing with appeals. This is unless the proposals have raised significant concern in the neighbourhood and, in our opinion, the issues raised by the proposals need to be explored in the presence of an Inspector appointed by The Planning Inspectorate.

If an appeal is made by the applicant, who does have that right, we will notify you about the appeal and give you the opportunity to make further representations to the Government Planning Inspector dealing with the appeal. However, in the event of a householder appeal against refusal of planning permission, which is to be dealt with on the basis of representations in writing, any representations made about this application will be sent to the Secretary of State, and there will be no further opportunity to comment at appeal stage.

Even when an appeal has been lodged, we are willing, where appropriate, to achieve an acceptable solution by the submission of a new application.

The Planning Portal has more information about planning appeals.

Not happy with our service?

We have a complaints procedure; this examines our process for dealing with an application, not the decision itself. We use the information from complaint outcomes to continually improve our services. If you wish to make a complaint, contact the Corporate Complaints Officer who will send you the necessary form and accompanying notes.

Useful forms

Contact details

Email:
Post address: Development Management
Neighbourhoods
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS
Phone: 01332 640795

Development Management
Neighbourhoods
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS