Updated Statement of Community Involvement 2023
3. When you can get involved in the planning application process
3.1 The Development Management Team is responsible for assessing all planning applications for development, advising Planning Committee on applications, determining certain other types of application and providing advice on development proposals.
3.2 Most kinds of development require planning permission; however, there are a number of circumstances where certain types of development are automatically permitted. These are described in The Town and Country Planning (General Permitted Development) Order 2015. Some such permitted development rights are subject to a 'prior approval' process which may involve neighbour consultation.
3.3 Decisions taken on planning applications must be made in accordance with national planning guidance, the Local Plan and other Development Plan Documents and Neighbourhood Plans where applicable, unless there are material considerations (see Appendix 2) to indicate otherwise. This includes taking into account site specific matters relevant to the case. The planning application process at this Council, from pre- application discussion to determination and when you can get involved is detailed below.
Commenting on planning applications
3.4 Members of the public are encouraged to comment on all planning applications, whether they are for small scale housing extensions or major projects. Planning applications can be viewed online at: http://planningdocuments.warwickdc.gov.uk/online-applications/
Taking Part in the Decision-Making Process for Planning Applications
3.5 Anyone wishing to make a representation to us on any planning application may do so and these can be considered provided that the matters they raise are material planning issues. Representations must be made in writing and can be sent as an email, letter, or online consultation form. All comments received will be considered when making a decision. Comments will be made publicly available, and will be displayed on the Council's website. Personal details such as telephone numbers, email addresses and signatures will be redacted, as well as any sensitive information. If this application goes to the Planning Committee for a decision, you may have an opportunity to address the committee if you have expressed a view on the proposal. You will be advised of the procedure prior to the committee date if this is the case. If the application is a resubmission of an application on which you have previously commented, please note that previous comments will not be taken into consideration in the determination of this application, and you will need to provide your comments again. We cannot acknowledge written comments or enter into correspondence, but you can check that they have been received by following the progress of the application on the website.
How a Decision is Made
3.6 The majority of minor planning applications are decided under 'delegated powers'. If objections are received from Parish and Town Councils or there are five or more written letters in support/object contrary to the officer recommendation, then the item will be referred to the Planning Committee for a decision. The committee will be made aware of all representations of objection or support made in response to an application in the officers' written report on the application. In addition, since April 2004, interested parties have been allowed to address the committee for a period of three minutes to summarise their cases. This time period is strictly adhered to and if more than one objector/supporter wishes to speak, then either a single representative must be elected to speak for all, or the three minutes must be divided between those wishing to speak. Additionally, since 2006, the Conservation Advisory Forum (CAF) has also been allowed to address the committee on relevant matters. The committee will then consider the application and make a decision.
Occasionally, the committee may defer the decision pending a site visit. Some planning applications have to be referred to the Secretary of State e.g. departures from the Development Plan. An application can also be "called in" to Planning Committee by a Councillor within the relevant consultation period.
Appeals
3.7 When an application for planning permission has been refused and the applicant appeals against the Council's decision, we will inform those who were initially consulted and any others who have made representations during the life of the application. Details of all appeals received are also included on the website. Comments made at the time of the application will be forwarded to the relevant Inspector but any further comments which objectors or supporters wish to make should then be sent direct to the Planning Inspectorate. Officers will discuss with third parties how to get involved in the appeal process. Anyone wishing to attend and participate in any subsequent Inquiry or Hearing must inform the Planning Inspectorate of their wish. The Inspector's decision is available after the inquiry/hearing from the Planning Inspectorate and copies are forwarded by the Inspectorate to those parties who have requested it.
Pre-Application Consultation
3.8 Developers and applicants are encouraged to discuss their proposals with planning officers, statutory consultees, neighbours to the development and the wider public where relevant. Where major development is proposed, discussions with officers will cover possible methods of and timescales for pre-application publicity that applicants may wish to undertake on their proposals. This may include public exhibitions or meetings which will inform residents and interested groups.
3.9 More information on pre-application can be found on the Council's website: https://www.warwickdc.gov.uk/info/20374/planning_applications/1061/pre-application_advice
Permission in Principle
- The Town and Country Planning (Permission in Principle) (Amendment) Order 2017
- The Town and Country Planning (Brownfield Land Register) Regulations 2017
- The Town and Country Planning (Development Management Procedure) (England) Order 2015 – Schedule 4
3.10 Permission in principle (PIP) consent is an alternative way of obtaining planning permission for housing led development. The PIP consent route has two stages:
- The permission in principle stage establishes whether a site is suitable in principle
- The 'technical details consent' (TDC) stage is when the detailed development proposals are assessed. Granting technical details consent has the effect of granting planning permission.
3.11 Local planning authorities can grant permission in principle:
- Upon receipt of a valid application for any site that might accommodate minor housing led development (from 1 June 2018), or
- By entering a site in Part 2 of its Brownfield Land Register (BLR) which will trigger a grant of permission in principle for that land providing the statutory requirements set out in legislation are met. This is the only route by which brownfield sites capable of accommodating major development can achieve PIP.
The two processes for obtaining permission in principle and opportunities for engagement are set out in the table below.
Process for obtaining Permission in Principle (PIP)
Table 6. Application for Permission in Principle
Stage
Process and Requirements
Engagement
- Application (Regulations 5A - 5F)
Applications for PIP can be made for minor housing led developments (9 dwellings or less, with less than 1,000 sq.m of commercial floorspace, and/or on a site of less than 1ha).
The development must not include habitats development, EIA development or major development.
Part 2 of the public Brownfield Land Register on the Council website must be expanded to include:
- Permissions in principle allocated by the Council
- 'live' applications for permission in principle
- 'determined' applications for permission in principle
- Publicity and Consultation (Regulation 5G)
The PIP application is made public for 14 days during which relevant statutory consultees and interested parties can make representations.
The technical details application is made public for not less than 21 days for a site notice and 14 days for an online notice during which relevant statutory consultees
and interested parties can make representations.
The application is made available for inspection on the Council's website.
Site Notice(s) displayed on or near the land to which the application relates and an online notice.
Parish/Town Councils will be consulted on applications within their area.
- Decision (Regulations 5R – 5T)
The Council must consider representations made by consultees.
The Council has 5 weeks from receipt of the application to issue a decision. Extension of time is permitted by written agreement.
Where a PIP application is granted the duration of the permission is 3 years. Applications for technical details consent must be determined before the PIP expires.
The Council has 5 weeks to determine a technical details application.
Where a PIP application is refused the applicant has the right to appeal the decision.
Parish Councils must be notified of the 'terms of the decision'.
Everyone who commented within 14 days is to be notified of the decision.
-
Entering a site in Part 2 of a Brownfield Land Register
- Publicity and Consultation
Should the Council propose to enter land in Part 2 of its Brownfield Land Register it must follow required publicity procedures set out in Regulation 6 of the Brownfield Land Regulations 2017.
Consultation procedures are outlined in Regulations 7 to 12 of the Brownfield Land Regulations 2017.
These include relevant statutory consultees listed in the DMPO Schedule 4.
Site Notice(s) displayed for 21 days on or near the land to which it proposes to enter in Part 2 of the BLR.
Publish on the website specific information required by Regulation 6(4) for 14 days, including where information may be inspected and how to make representations within that time.
Consultees have 42 days to respond on the first publication of sites proposed for Part 2. Subsequent publications require 21 days to respond.
Specifically serve notice on infrastructure managers for sites within 10 metres of railway land.
Serve notice on relevant Parish Council where they have previously requested to be notified.
Consult Warwickshire County Council if Regulation 10 is applicable to the land proposed to be entered in Part 2.
- Decision
The Council must take into account representations made by consultees.
The Council may enter the land in Part 2 after 42 days on the first publication of sites. Subsequent publications may be entered after 21 days.
Where a site is entered into Part 2, the duration of the permission is 5 years. Applications for technical details consent must be determined before the PIP expires.
The Council has 10 weeks to determine a technical details application for major development and 5 weeks for other forms of development.
There is no right of appeal where a local planning authority decides not to enter a site into Part 2 of the register.
Update the Brownfield Land Register on the Council's website.