The Planning (Development Control) Process explained
At first sight the development control process can seem very complicated. Whilst it is true that many of the detailed rules and procedures are very complex, the basic principals and main processes are reasonably straightforward and easy to understand. The following information will give you a guide to some of the key principals and processes associated with the development control function.
Please click on one of the following sections:
- What is planning permission?
- Common types of planning application
- How to submit a planning application
- How applications are processed and decisions made
- Your decision notice
- Implementing your permission
- How to object to or support someone else's application
- Appeals procedure
What is planning permission?
Planning permission is permission to carry out ‘development’.
The planning system exists to make sure that 'development’ is carried out only in suitable locations. In order to achieve this the government has put in place a system of planning controls operated by Local Planning Authorities (LPAs), that have the power to consider and determine applications for planning permission.
Warrington Borough Council is the local planning authority for its administrative area and as such, is responsible for the processing of planning applications and the enforcement of planning regulations.
What is development?
The term ‘development’ is key to the planning process and is defined in Section 55 of the Town & Country Planning Act 1990 as…
"The carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of any buildings or other land."
This definition may also extend to cover demolition in certain circumstances.
Certain operations or uses are specifically stated in the Act as not being development. The most significant of these are…
a) Maintenance, improvement or other alteration of any building of works which …
i) Only affect the interior of the building.
ii) Do not materially affect the external appearance of the building.
Note : Alterations to listed buildings that do not constitute development may still require listed building consent.
b) The use of buildings or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house.
c) The use of land for agriculture or forestry.
d) A change of use within a specified ‘use class’, or a change between certain use classes deemed to have consent under a development order.
The Town & Country Planning (Use Classes) Order 1987, groups together certain uses into ‘Use Classes’. A change of use between two uses within the same ‘use class’ does not constitute development and does not require planning permission. For example, a shoe shop can be changed to a travel agent without the need for planning permission as both are class A1 uses. Changes between certain ‘use classes’ are also permitted, for example a chip shop (class A3) could change to a shoe shop (class A1) without requiring permission, but the reverse change (class A1 to A3) does require permission.
We offer free advice as to whether your proposal requires planning permission.
Please note that we can only give tentative advice over the counter or on the phone.
In order to give a definitive opinion, we require details in writing as this avoids possible confusion as to what we are being asked to comment on. Where your proposed development does not require permission, you get the added benefit of receiving written conformation to that effect! This may prove useful when you come to sell the property.
Common types of planning application
There are several different types of planning permission that can be applied for, some of which require the completion of different types of application form. The most common kind of application are for…
Outline planning permission
This can only be sought where it is proposed to erect a new building and a ‘decision in principle’ is required with minimal expense. Although detailed plans are not normally required, in some cases you may be asked to submit further details to help clarify the proposal. In the case of sensitive sites within a conservation area we may decline to deal with the application ‘in outline’ and require submission of a full application.
Approval of reserved matters
Where outline planning consent is granted, certain details will be reserved for future approval and will require submission of this type of application. No work can commence on the site until the approval of the Reserved Matters has been granted.
Full planning permission
This is a one stage application (instead of the two stage Outline / Reserved Matters process) which usually requires the submission of full details of the development and is the only type of application that can be submitted in respect of a change of use. If permission is granted for the change of use of a building and it is necessary to alter its external appearance to enable the change to take place then a further application for full permission has to be submitted in respect of the proposed works. In other cases where certain details are not submitted, these will be controlled by the placing of conditions on the permission and will not require the submitting of a reserved matters application.
Note: Most householder applications are of this type and simplified application forms are available for this purpose.
Consent to display advertisements
The control of advertisements is subject to its own complicated legislation and has its own ‘permitted development’ rights. An application for ‘consent to display advertisements’ is not an application for planning permission, though for the sake of convenience it tends to be referred to as such.
Listed building consent
IF is ‘listed’, then listed building consent is required for its demolition or for any works that would alter its character or appearance, either internally or externally. This is separate and in addition to any requirement for planning permission. If your proposal also needs planning permission you should apply for both at the same time.
Conservation area consent
This is similar to listed building consent and is necessary, with certain exceptions, for the demolition of any building in a conservation area above a certain cubic content and any gate, wall, fence or railing above specified heights.
Certificate of lawfulness
In certain circumstances, where development has been previously undertaken without the benefit of a formal planning permission and no action has been taken within a specified period (either 4 or 10 years as appropriate to the form of development), an application can be submitted for a Lawful Use Certificate. If granted the unauthorised use becomes lawful.
Where it is believed that a proposed use is lawful and does not require the submission of a planning application, an application can be submitted for a Lawful Use Certificate.
Permission to carry out work on protected trees
If trees on your property are protected by a tree preservation order you will require permission to fell, prune or carry out other works to them. If it is intended to carry out works to trees within a conservation area, the council must be given 6 weeks prior written notice before commencement. Where tree works form part of a wider planning application, the details will be dealt with as part of that application and no separate tree works application is needed.
Different types of permission remain valid for different periods of time, after which they lapse and have to be renewed.
We are happy to offer free advice as to which type of application would be most appropriate for your proposal.
How to submit a planning application
Where planning permission is required, you will need to make a formal planning application to the council using the appropriate forms accompanied by the correct fee.
Firstly, you will need to decide which type of permission you require and hence which type or application you wish to submit (see Types of Application).
We offer a free advice service, and are able to advise you on the type of permission(s) you will require.
You will need to submit three copies of your completed application forms together with three copies of all accompanying plans or drawings. We require three copies of all documentation as, one copy will be used by the officer dealing with your application, one copy will be placed on the planning register for public inspection, and the three remaining copies may be sent to consultees such as our highways, environmental health or landscape sections as appropriate or parish council.
Site plans
All applications, with the exception of those for approval of reserved matters and renewal of previous permissions, must be accompanied by a plan or sketch of not less than 1:2,500 scale, showing the site to which the application refers and its boundary. The application site should be edged or shaded in red and any other adjoining land owned or controlled by the applicant edged or shaded in blue.
We provide an Ordnance Survey ‘block plan’ service, whereby we can supply base maps suitable for this purpose (subject to a fee).
Other drawings
Except in the case of outline applications where additional drawings are not normally required, you will need to supply clear drawings (usually of not less than 1:100 scale) showing…
- The existing features of the site including any buildings, trees, ponds or hedges.
- Existing and proposed roads & access points.
- The location of the proposed development on the site with particular reference to
any adjoining buildings. - Existing and proposed floor plans and elevations.
- The amount of floorspace to be used for different purposes (including applications
for change of use). - Materials (including type & colour) to be used in the external finish of walls &
roofs. - Details of any proposed walls, fences or other means of enclosure.
- Landscaping
- Existing and proposed ground levels if it is proposed to raise or lower the site.
Note: All submitted plans and drawings will be made available for inspection by the public, and applicants are not required to disclose any proposed security arrangements.
It helps us process your application more quickly, if you complete all the relevant sections on the application form and supply clear plans and drawings showing all the relevant information.
For straightforward schemes it may be quite acceptable to submit your own application and drawings, but for more detailed applications it is often advisable to employ an architect or surveyor to act on your behalf. In some cases, where the application may be more complicated or controversial, it may be worthwhile to use a consultant town planner to submit the application for you.
A list of planning consultants is available from the Royal Town Planning Institute, 26 Portland Place, LONDON W1.
Owner notification or certification
You do not need to own a property in order to apply for planning permission, but you will need to notify the owner(s) and provide evidence to the council that this has been done before the application can be considered. Information on how to notify owners is included with our application forms. You will need to submit one of four certificates with your application…
Certificate A:
Where you were the sole owner of the land to which the application relates on the day 21 days before the date of the application.
Certificate B:
Where you have served notice on all persons who were the owner of any part of the land to which the application relates on the day 21 days before the date of the application.
Certificate C:
Where you have been unable to identify all persons who were the owner of any part of the land to which the application relates on the day 21 days before the date of the application, but have served notice on those you have identified and have published the appropriate notice in an appropriate publication.
Certificate D:
Where you have been unable to identify any persons who were the owner of any part of the land to which the application relates on the day 21 days before the date of the application and have published the appropriate notice in an appropriate publication.
Fees
Most applications, with certain exceptions, require the payment of a fee. This is set by central government and reviewed on a regular basis.
If you need help in submitting your application, we are happy to help!
If you do happen to make a mistake in submitting you application, perhaps in calculating the correct fee or by not providing all the information or plans required, we will write to you explaining what action you need to take so that your application can be registered and progressed towards a decision.
How applications are processed and decisions made
When a planning application is received
When you submit your planning application we will check that all the necessary information is correct and that the correct fee has been paid. If everything is in order, your application will be registered, given an application number (a five digit number prefixed by a four digit year number i.e. 2004/12345).
We will aim to formally register your application within 3 days of receipt.
Your application will then be allocated to a planning officer, thereafter referred to as ‘the case officer’, and an acknowledgement letter will be sent informing you of both the allotted application number and your case officer. A copy of your application will be placed on the planning register for public inspection.
If further information is required or the incorrect fee has been paid, we will write to you explaining the steps that you will need to take before we will be able to register your application.
Publicising your application
We will take certain steps to publicise your application…
Neighbour notification:
We will write to adjoining neighbours to advise them of your proposals, inviting them to inspect the application and to submit comments within 21 days (the statutorily defined consultation period).
Site notices:
Certain types of application require the placing of site notices on road frontages and in the vicinity of application sites.
Press notices:
Certain types of application must, by law, be advertised in the press. We use the public notices sections of the Warrington Guardian.
Lists of applications received:
Your application may appear in the list of ‘applications received’ published in the Warrington Guardian (published at the discretion of the Editor).
Parish councils:
We will include your application in the weekly list of applications received supplied to parish councils, who are free to loan files overnight.
How applications are processed
All planning applications are considered against the plans and policies of the council. The major policy document currently used, is the Warrington Borough local plan. This plan contains specific policies with regard to particular types of development, as well as general policies relevant to the consideration of most applications.
In addition to the pocal plan, there are various other plans and policy documents against which applications are judged.
As well as considering your application in the light of these policies we will contact other departments and organisations for their comments and will also have regard to relevant comments made by your neighbours or other members of the public.
Your case officer will make a site visit to judge what effect your proposals may have on the surrounding area.
Where your case officer feels that changes are needed to your scheme so that it has more chance of being approved, they will seek to discuss these with you, and where necessary they may ask you to submit revised drawings. Where this happens, we will ensure that these new drawings are made available for public inspection and we may notify neighbours and any objectors that a revised proposal has been submitted.
For larger applications, your case officer may find it necessary to request that you supply additional information, on matters such as traffic or environmental impact. Where this is necessary, they will be happy to discuss details of what level of information is required.
When your case officer is in receipt of all the information they require to assess your application they will, depending on the type of application…
- Produce a recommendation for the director of environment & rRegeneration.
- Produce a report and recommendation for consideration by the development control committee.
Your case officer will arrive at their recommendation, based on their professional judgement of the merits of the individual proposal in the light of all relevant policies and other material considerations.
How applications are decided
The decision on your application will be made either by an officer of the council (the strategic director of environment services) or by the development control committee. Your case officer will be able to advise you which method is likely to apply to your application.
The strategic director of environment services has the delegated authority to deal with certain categories of application by delegated powers.
Some applications are decided by the development control committee, which is made up of elected councillors. Your case officer may be able to give an indication of the ‘target’ committee, i.e. the committee date that your application is expected to be presented to (the committee is held every third Wednesday throughout most of the year). Please note, we are unable to confirm that your application will be heard at a particular committee until the agenda is finalised.
You can attend the meeting and may at the chairman's discretion;
- Have one speaker for the application
- Have one speaker against the application and
- Councillors either for or against the application
A leaflet explaining our committee procedures is available on request
After the decision has been made we will aim to send you (or your agent) a formal decision notice within 3 days of the decision date.
How long does it all take?
Central government allows us eight weeks in which to process your application and issue a decision. We deal with the majority of applications within this time, but certain applications will inevitably take longer.
Our current target is to process 80% of applications within eight weeks.
Where we are unable to deal with your application within the 8-week limit, we will write to advise you of that fact, and ask for an extension of time within which to consider your application. You may at any time within 6 months after the expiration of the 8 week period, submit an ‘appeal against non-determination’ to the secretary of state for the environment. If you do so, we become unable to issue a formal decision notice in respect of your application.
Your decision notice
A decision notice should be sent to you, or your agent, within three working days of the decision being made by committee, or having been signed by the director of environment services in the case of delegated applications.
The decision notice will state clearly the whether permission has been granted or refused.
In the case of a grant of planning permission, the decision notice may contain conditions (with reasons) and informatives. If you find any of these conditions unacceptable, you may…
- Submit an application to have the conditions altered or removed.
- Lodge an appeal against the conditions with the secretary of state for the environment.
In the case of a refusal to grant planning permission, the decision notice will state clearly the reasons for refusal. You then have a period of 6 months from the date of refusal in which to lodge an appeal with the secretary of state for the environment.
Planning conditions
Many planning permissions are granted subject to certain ‘conditions’. Conditions are imposed for a number of planning reasons including…
- To defining the permission to avoid confusion as to what is being approved.
- To control the implementation of the permission, e.g. screening of trees to avoid damage during construction works, phasing development To minimise nuisance, ensuring all prescribed facilities are available prior to the occupation of a building etc.
- To control the operation of the permission, e.g. operational hours, external storage of materials etc.
- To reserve the approval of details not supplied with the application, e.g. detailed approval of materials, landscaping schemes, drainage schemes, boundary treatments etc.
In formulating conditions, we must have regard to certain principals, namely…
- Are the conditions relevant.
- Are the conditions necessary, i.e. would the development be unacceptable without such conditions.
- Are all the conditions within the control of the applicant, i.e. a condition cannot be placed on a permission requiring works to property not in the control of the applicant.
Where the granting of permission is dependent on works to property outside the control of the applicant, e.g. off site highway improvements etc. or another matter outside the scope of a normal ‘condition’, permission can be granted subject to the applicant entering into a legal agreement, known as a Section 106 agreement (S.106), concerning said matter(s). No decision notice will be issued in respect of the application until the signing of the Section 106 agreement. The date that the S.106 agreement is signed becomes the decision date for the permission.
Implementing your permission
How long a permission remains valid
Your planning permission will be granted for a set period of time, after which it will lapse and you will need to apply for a renewal if you have not already implemented or started to implement your permission. Different types of permission remain valid for different lengths of time…
Outline planning permissions will normally lapse after three years if no reserved matters application is submitted.
Reserved matters permissions will normally lapse after the later of, five years from the date of the grant of Outline Permission or the expiration of two years from the granting of the last reserved matter.
Full planning permissions will normally lapse after five years if not implemented, i.e. the development is not carried out.
Consent to display advertisements is normally granted for a period of five years from inception of display, after which time the advertisement should be removed or a fresh permission applied for.
Temporary permissions may also be granted, where permission is granted for a set period, normally one to five years, after which time the proposed use is to cease and the land is to be returned to its previous, or an agreed condition.
Unless otherwise specified in the decision notice, once an approved development has been implemented, the use becomes the established use of the land and no further planning permission is required for the continued use for said purpose.
Planning permissions are granted for the benefit of the land, not the applicant. (You do not need to own or lease a property to submit a planning permission application). Unless otherwise stated in the decision notice, a planning consent remains valid for, and may be implemented by, subsequent owners of the land.
Remember, you may require other consents before commencing
The granting of planning permission for a proposal only confers permission under the provisions of planning legislation, and you should note that other consents may be required under the terms of other legislation such as the Building Regulations, the Environment Act, Health and Safety at Work Act, etc.
Chief amongst these may be…
Building Regulations
If your proposal involves any building or demolition works, including extending or altering an existing structure, you may require consent under the Building Regulations. This is completely separate and in addition to any requirement for planning consents.
Planning regulations are concerned with the use of land and the appearance of development, while Building Regulations are concerned with how structures are built.
Consent to display advertisements
If you intend to display advertisements, including company names or logos, you may require a separate ‘consent to display advertisements’.
Listed building consent
If your proposal involves works to a listed building, you may need separate ‘listed building consent’. This is regardless of whether you require planning permission.
Conservation area consent
If your proposal involves demolition within a conservation area, you may require separate ‘conservation area consent’.
Other consents
Other regulator’s pages within the Warrington Business Partnership internet site will give you details of other consents, licences and certificates that you may require prior to implementing your proposal.
Implementing your permission
When you come to implement your planning permission, you should proceed in accordance with your approved plans, respecting the terms of any conditions placed on your consent.
Where your consent has conditions relating to the subsequent approval of matters such as the external facing materials to be used or the landscaping scheme, these should be submitted to the council and approved prior to commencing development.
Failure to observe the terms of a condition on a planning consent, or building other than in accordance with the approved plans will constitute a breach of planning control and may result in enforcement action.
Minor changes may be allowed the approved scheme without the need to submit a fresh planning application. These are referred to as ‘working amendments to the approved plan’. Details of any proposed modifications should be made in writing. On receipt of a request for approval of a proposed Working Amendment, we will decide whether the proposal is acceptable as a working amendment or whether the change is sufficient to warrant a fresh planning application. You will receive a written answer detailing our decision.
How to object to or support a planning application
Finding out
We take certain steps to publicise applications that may bring an application to your attention. You may however find out by articles in the press, through community groups or by word of mouth. If you think that an application of concern to you has been submitted, please ask us. You can telephone us or visit our reception to find out if an application has been submitted. However you find out about an application, you are entitled to comment.
What to do next
Look at the plans. Copies of all current planning applications, including drawings and supporting documents, are available for free public inspection at our offices during office hours. A duty planner will be available to help if you need assistance in understanding the proposals, however if you wish to discuss detailed aspects of the application with the officer actually dealing with the application, you may need to make an appointment.
Put your comments in writing
Comments on applications must be made in writing, preferably stating the application number (if known), and should be addressed to...
Environment & Regeneration Directorate
New Town House
Buttermarket Street
WARRINGTON
WA1 2NH
Comments should be made within the 21 days specified in the neighbour notification letters / press notices etc. but late comments will also be considered so long as they are received in sufficient time before the decision is made.
Keep it relevant
Although local views are important, central government has made it quite clear through its planning legislation that local opposition to a proposal is not in itself a reason for refusing planning permission, unless this opposition is based on valid and substantiated planning grounds. Comments, which are not based on ‘material’ planning matters, cannot be taken into account.
Material planning matters include…
-Is the design of the development compatible with the surrounding area? (this is particularly important within conservation areas and within the setting of a listed building).
- Is the design acceptable in terms of ‘bulk’ and size?
- Will the development constitute an ‘over development of the site’?
- What is the effect of the development on daylight or sunlight on adjoining properties?
- Will the development result in a loss of privacy of amenity to the adjoining properties (e.g. by overlooking residential properties).
- What effect will the development have on parking, traffic or road access or visibility does the development comply with the council's policies as contained in the Local Plan or other documents?
Material planning matters do not include…
- Spoiling your view
- Devaluing your property
- Nuisance caused by construction work
- You do not like the applicant
Confidentiality
We cannot treat your comments in confidence. Under the Access to Information Act your comments are available for public inspection, and copies may be supplied on request, subject to our standard administrative charges.
The decision
Due to the sheer volume of comments received, you will not automatically be notified of the committee date for the application or the eventual decision unless you specifically request so. If the application is to be presented to committee, you may attend the committee, and may be allowed speak at the chairman’s discretion. (In cases where a large number of supporters / objectors wish to address committee, the chairman may ask that you nominate a spokesperson to speak on your behalf).
The decision will be reached based upon the merits of the proposal having regard to all the relevant planning policies and any relevant comments that you have made.
Right of appeal
The applicant has the Right to Appeal against a decision to refuse planning permission. If you formally objected to the original application, we will write to inform you if the applicant lodges an appeal.
Third party objectors have no right of appeal against a decision to grant planning permission. Such a decision can only be challenged on a point of law.
The appeal procedure
The right of appeal
As an aggrieved applicant, you have the right of appeal to the secretary of state for the environment where …
you applied for planning permission, listed building consent or conservation area consent, and you were…
- Refused permission
- Given permission but with conditions which you consider to be unreasonable
- We have failed to reach a decision within the time laid down (usually eight weeks)
- We have asked for additional information in respect of an outline application that you do not wish to supply
You may also lodge an appeal with the Secretary of State in respect of an enforcement notice served upon you.
Appeals involving planning and related applications can be made at any time within six months of the date of the council's decision (or if we have not given one, within six months of the date by which the decision ought to have been made). Appeals against enforcement action have to be made within 28 days from the date when the enforcement notices were served.
Aggrieved objectors, do not have the right of appeal over a decision to grant planning permission.
Lodging an appeal
Appeals in relation to planning and related applications must be lodged with the Planning Inspectorate, using a prescribed form. These forms can be obtained direct from the inspectorate: appeals against enforcement action must also be forwarded to the planning inspectorate but the prescribed forms will be attached to the enforcement notice.
You can contact the inspectorate at the following…
The planning inspectorate
Room 14/04,
Tollgate House
Houlton Street
BRISTOL
BS2 9DJ
Tel: 0117 987 8927.
Alternatively you can visit their website.
How appeals are handled
The planning inspectorate will appoint an ‘inspector’ to handle your appeal on behalf of the Secretary of State. The inspector will have the delegated authority to decide most appeals, but those concerning major proposals, may be decided by the Secretary of State himself. In those cases the inspector will hear the appeal, but he or she will prepare and submit a report including a recommendation to the Secretary of State, who will then consider whether or not to accept the inspector’s recommendation.
The appeal itself will be handled in one of three ways…
- Written submissions / representations
- Informal hearing
- Public inquiry
Either you (as the appellant), the LPA or the planning inspectorate can object to the use of the written procedure, in which case the inspectorate will arrange either a local inquiry or a hearing.
Written procedure
This is the simplest and most common type of appeal.
The Inspector will consider written evidence from the appellant, the local planning authority (LPA) and any letters of objection or support received during the consideration of the original application. Objectors and supporters will be notified of the appeal and will be invited to make supplementary comments if they so desire.
Where enough of the site can be seen from the road or a public viewpoint, the inspector will visit the site alone. Where this is not possible, both the appellant and the LPA’s representative will accompany them. As all parties are to make their cases in writing, no discussion is allowed during such a site visit.
The inspector will issue his decision in the form of a letter, usually within five weeks of the date of the site visit.
Hearing procedure
Most hearings last about half a day. The inspector will lead a discussion of the appeal proposals with the appellant and the representative of the LPA. The inspector will have been supplied with any letters of objection or support received during the consideration of the original application, and those having made representations will be notified of the appeal and will be invited to attend the hearing or make supplementary written comments if they so desire.
The inspector will open the hearing by outlining what the appeal is about, then cover points of procedure, including establishing who wishes to speak. They will then give a summary of the cases of the appellant and the LPA, establishing the points of disagreement that will be discussed. The appellant will usually give their views on a topic first, followed by the LPA and then anyone else who wishes to comment.
In many cases, the inspector may suggest that some topics are discussed on the site of the proposed development, but this will only happen if everyone taking part in the hearing is in agreement. There are usually no problems, and most hearings end after the on site discussion.
The inspector will issue his decision in the form of a letter, usually within seven weeks of the date of the hearing.
The inquiry procedure
This is the most formal of the appeal procedures, being used only for larger or more complex appeals. A public inquiry may run for several days or even weeks. Proceedings may often appear similar to a court of law, with expert witnesses being called and cross-examined and both the appellant and the LPA having legal representatives.
The inquiry will be open to members of the public who, though they do not have a legal right to do so, may be allowed to speak by the inspector.
After hearing evidence on all the relevant topics, the Inspector will usually bring the inquiry to a close with closing statements from the LPA and the appellant. This will normally be followed by the site visit. As with the written statement procedure, where enough of the site can be seen from the road or a public viewpoint, the inspector may visit the site alone,. Where this is not possible, they will be accompanied by the appellant and the LPA’s representative, but as the Inquiry will have been formally closed by that time, no discussion is allowed during the site visit
The length of time it will take before the decision letter is issued will depend on the length of the Inquiry and whether the decision is delegated to the Inspector or to be referred to the secretary of state for their determination.
