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.
When we receive an application we check it to make sure it is a valid application.
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.
The next step is to publicise the 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 are published in several ways
We also send consultations to various bodies:
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:
Comments can be submitted by several methods:
We acknowledge comments by post or email and they are available online and at Roman House.
After the publicity and consultation stage the officer dealing with the application can make a decision on the application.
The Planning Officer dealing with the application will visit the site to check that your 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.
If an application is straightforward, then the final decision is likely to be made by the Director of Planning and Facilities Management under powers delegated by the Council. If it is complicated, or there are four or more letters received that differ from the Planning Officers recommendation, then the Planning Control Committee will consider the application. Many decisions are taken by officers, but if the Planning Control Committee is deciding the application, the officer will write a full report for the Committee before it makes a decision.
The committee meetings are held in public, 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 Planning Control Committee meeting and Officer Reports.
If you comment on a planning application which goes before the Committee, 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. Because of the limit on the numbers of speakers, if more than two objectors have expressed a wish to speak, they must get together to choose a spokesperson. Any speech is limited to three minutes and is timed by a Committee Clerk. The applicant or their representative can also speak when someone speaks in objection.
All comments must be limited to planning issues and must directly relate to the application under consideration.
If you would like to speak at the meeting, please notify the Senior Planning Assistant our acknowledgement letter to your comments gives further details of this. We cannot accept notification of a wish to speak later than one week 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.
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.
If you have commented on an application, we will let you know about the our decision. If you are not happy with the decision, unfortunately as an objector you do not have a right of appeal.
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.
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.
Even when an appeal has been lodged, we are willing, where appropriate, to achieve an acceptable solution by the submission of a new application. If you do this within 12 months of the decision, you do not pay a further fee.
The Planning Portal has more information about planning appeals.
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.
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.