|
If
you have applied for planning permission, or been affected
by somebody else's planning application, you may already
know how the planning system can affect you. If you want
to extend your house will you need planning permission?
Who should you ask? Alternatively you may have always
fancied moving to a barn conversion or like the idea of
building your own home on a plot of land. If this is the
case the planning system will be crucial to whether you
can realise your dreams.
Over
the next few months I will attempt to run through a number
of planning issues and questions commonly asked of Planning
Consultants and Local Government planning officers. Initially
I shall look at the planning system itself and how it
operates.
The
planning system in the UK dates back to the early part
of the twentieth century. Essentially, each Council provides
a Local Plan that will outline the policies for the future
development of their area. These policies provide the
basis for the way in which that Council then deals with
the planning applications submitted by members of public
through the Development Control system.
Each
planning department is split between those planners engaged
in planning for the future development of an area in the
preparation of Local Plans, and those who deal with the
day to day matters of planning applications, enquiries
and the appeals against the refusal of planning permission.
At some point, most of us will contact the planning department
to discuss a house extension or alteration of some form.
In fact around 35% of a planner's time is spent engaged
in this type of work. Larger developments, superstores,
housing or industrial estates, or the growing leisure
market take up the remainder of their time.
Most
planning applications carry a fee, which goes towards
paying for the Council's service in dealing with the application.
Once received, the Council are obliged to contact neighbours
and advise them of the application. Various other bodies
such as Parish Councils or the Environment Agency will
also be asked for their views. You will usually have three
weeks to make any comments on an application. Most applications
take two months to be determined; some more complex applications
take longer. It is a growing trend that the Councillors
on a Planning Committee tend to decide fewer and fewer
planning applications. To speed things up planning officers
usually deal with the "straightforward" applications
under the powers delegated to them by their Councillors.
However, these powers sometimes extend to refusing as
well as approving applications. If this has happened to
you, you will know how annoying it can be to have your
application refused by an officer of the Council. Make
sure you keep an eye on your application's progress and
ask the officer who will be making the decision on the
application.
If
your planning application is refused you can appeal to
the Secretary of State's Planning Inspectorate. Most appeals
are dealt with by the preparation of written statements
on both sides and an independent Inspector, often a retired
former planner, will visit the site and make a decision
based on these statements. Some larger appeals are dealt
with by hearings or Public Inquiries. For almost all appeals
it is sensible to seek help from a Planning Consultant
or a Solicitor. Allow up to six months for your appeal
to be considered and determined by the Planning Inspectorate.
If
you objected to a planning application and it was approved,
there are currently no "third party" rights
of appeal open to you. There is sometimes scope to look
at the decision taken by a Council and check that the
application was dealt with correctly in law. If you feel
that there may have been an injustice in the way the application
was dealt with you should seek legal advice as soon as
you have been made aware of the Council's decision.
Over
the last fifty years the system has become increasingly
complex, though recently the Government have indicated
a desire to improve matters, making it more accountable,
streamlined and generally more efficient. The Government's
recent Green Paper on the planning system acknowledges
that it is over-bureaucratic, too complex and contains
plans for the future of our towns and cities that are
already out of date. It seems inevitable that the system
will change over the next two years.
Despite
these likely changes, there remain any number of planning
issues related to listed buildings, farm diversification,
development in the countryside and the future of our farming
industry that will remain no matter how the planning system
itself alters. I will attempt to look at a few of these
issues over the next few months, starting with barn conversions.
In the last ten years barn conversions to residential
use have continued to provide both the most realistic
way in which people can move out to and experience life
in the countryside and for farmers to realise an essential
source of income. Many Councils are reconsidering their
barn conversion policies and I will look at these likely
changes and how it may affect our rural economy.
|