North East Derbyshire Statement of Community Involvement 2023

Ended on the 29 March 2023
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3. Getting Involved in Planning Applications

Planning Applications

3.1 The Development Management team is responsible for assessing all planning and associated applications, advising the Planning Committee on applications, determining planning applications under delegated powers, defending planning appeals, providing advice on development proposals and dealing with unauthorised development in the district.

3.2 All decisions taken on planning applications must be made in accordance with the Development Plan (See Section 2 Getting Involved in Planning Policy), unless material considerations indicate otherwise. The term 'material consideration' is explained in Appendix E.

(2) Getting involved in planning applications

3.3 The minimum publicity procedures to be followed on planning applications are laid down in Government regulations. The Council will meet these requirements and may also publicise wider when appropriate to maximise opportunities for community involvement.

3.4 For all planning applications the following protocol will be followed;

  • Letters will be sent to neighbouring properties. This is defined as all properties (other than vacant, open or agricultural land) whose boundary adjoins the application site. However, if the dwelling to an adjoining property is over 90 metres from the site boundary that property will not be notified;

or

  • At least one site notice will be placed in a location easy to view by the public and close to the application site.

3.5 As required by Regulations, the following applications will also be advertised in a local newspaper:

  • Those located within a Conservation Area
  • Those to or affecting the setting of a Listed Building
  • Those comprised of Major Development
  • Those accompanied by an Environmental Impact Assessment
  • Those constituting a Departure from the Development Plan
  • Those affecting a Public Right of Way

(2) Getting involved in other applications

3.6 For these purposes planning applications do not include applications:

  • to discharge planning conditions,
  • for a non-material amendment to a planning application,
  • to display advertisements
  • for a Certificate of Lawful Use or Development,
  • for works to trees covered by Tree Preservation Orders,
  • giving notice of works to trees within Conservation Areas,
  • for prior approval for works permitted by The Town and Country Planning (General Permitted Development) Order 2015 ("the Order").

3.7 No publicity will be undertaken for a submission made for applications to discharge planning conditions or for a non-material amendment. In the remaining cases publicity will be carried out as per the requirements of the Order or any other relevant regulations.

(2) General information on consultations

3.8 Planning applications, supporting documents, plans and drawings, can be viewed online. If you are unable to view the application online please contact the Planning Support Team on 01246 217159 or 01246 217172 or by email at developmentcontrol@ne-derbyshire.gov.uk and we will be able to provide assistance.

3.9 Planning Officers are available at the District Council Offices togive advice on current and proposed applications. However, you will need to make an appointment if you wish to speak to a particular Officer.

3.10 Comments on planning applications should be made in writing within 21 days from the date of our notification letter to you, or within 21 days from the date of a press or site notice.

3.11 Comments submitted after the 21 day publicity period will not be accepted if a decision has already been made on the planning application.

3.12 You will not receive an acknowledgement that your comments have been received and there might not be any further consultation. All comments made on an application can be viewed online. Additionally, consultee responses and amended drawings can be viewed online. If you want to monitor an application's progress and amendments that might be made this can also be done online. You are entitled to make further comments on an application, provide additional information and amendments even without direct contact from us on them.

3.13 Where new information is received a decision on any application will only be taken after at least 5 working days of its publication to allow further comments to be submitted. For instructions on how to monitor an application's progress online and receive direct notification of any status updates to it, please see our Public Access Guide.

3.14 Comments made on a determined application will not be carried forward if a new application for the site is made. A new consultation will be carried out and new representations will need to be submitted.

3.15 You can make comments;

Applicant initiated consultations

3.16 Dependent upon the scale, nature and potential impact of the development proposal, prospective applicants may carry out their own public consultation. Some planning applications will need to be accompanied by their own Statement of Community Involvement.

3.17 These applicant consultations should be carried out at an early stage in the process, to enable community views to be considered and if appropriate, incorporated into the submitted planning application. The form of consultation should be tailored to suit the particular circumstances of the site, proposal and locality. The Council can provide advice on what would be appropriate. This may include a public meeting, exhibition, or other forms of community involvement.

3.18 The consultation statement submitted with an application should include:

  • the houses, businesses and local community groups consulted;
  • the methods and timing of consultation;
  • the feedback, and
  • information on how the views were addressed in the development proposal.

(1) Decision Making and Planning Committee

3.19 In line with the Council's Constitution, most planning applications are determined under delegated powers by Officers. The Council's Planning Committee makes decisions on the other applications.

3.20 For planning applications determined by the Planning Committee, the Council allows public speaking at the meeting. These procedures can be found in our online guide. Planning Committee Agendas are published on our website five working days prior to Committee Meetings. Any late information is published the day before Committee.

(1) Notification once decisions are taken

3.21 Decision notices shall be posted on the website when the decision is made. All interested parties can read, print or download the decision notices should they require them. Formal letters or emails will not be sent in addition to this to notify people of the decision.

3.22 The Council also compiles a weekly and monthly list of the planning decisions taken by Officers under delegated powers. These are available to view on the Council's website.

3.23 The weekly list can also be emailed out weekly on request. If you do not have access to the internet please contact the Planning Support Team on 01246 217159 or 01246 217172 and we will be able to provide further assistance.

Planning Appeals

3.24 Planning appeals are determined by the Planning Inspectorate and not by the Council.

3.25 Letters notifying interested parties of appeals against planning decisions will be sent to those who were notified of the original application and others who submitted comments on the application. This will provide the opportunity to make representations directly to the Planning Inspectorate. These representations should not be made to the Council.

3.26 Exceptions to this are appeals submitted against decisions on householder applications. In these cases there is no opportunity to make further representations. Representations relating to the original planning application will be forwarded to the Planning Inspectorate by the Council.

3.27 A site notice will only be posted in the case of appeals being heard at a public inquiry.

3.28 Please refer to the Planning Inspectorate website for further information of the appeal process.

3.29 Appeal decisions are reported to Planning Committee and are published on our website

(2) Other Information

3.30 In addition to managing the system for determining applications, the Development Management team can provide advice to householders, businesses and others considering development projects. Details are available on our Planning webpages. Alternatively, you can telephone 01246 217159 or email developmentcontrol@ne-derbyshire.gov.ukfor advice.

3.31 The team also investigates alleged breaches of planning control. To report an issue to our Planning Enforcement team please use our online form.

3.32 For further information please see our Planning Enforcement webpages. Alternatively you can telephone 01246 217182 or email enforcement@ne-derbyshire.gov.uk for advice.

For instructions on how to use the system and make comments, please see our help guide.
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