Planning applications for specific development can range from an extension to proposals for large scale residential or commercial development such as significant housing proposals, shopping centres and employment uses. Decisions must be made by applying policies in the Development Plan and other ‘material considerations’, including policies in the National Planning Policy Framework and Planning Practice Guidance (see glossary). There are different requirements for consultation depending on the type and scale of development, but for all planning applications, we must hold a formal period of public consultation before reaching a decision.

 

Who do we consult?

We must understand the views of those most likely to be affected by planning applications. This section explains who we will consult.

Once a formal planning application has been made and is valid, we will carry out consultation on that application according to the type and nature of the proposal and following the legislative requirements. In most cases we will notify immediate neighbours that share a common boundary with the application site. However, anybody can comment on a planning application and you do not need to have a direct interest in the application site or be a neighbour. You can object, comment on, or support a planning proposal.

For specific applications (including planning applications, listed building consent applications and other assessments such as Environmental Impact Assessments) we will consult with all relevant statutory consultees such as Natural England, Historic England, the Environment Agency, utility providers and Devon County Council (on education and transport and some other topics). We may also consult with other specialist organisations and internal teams, such as Environmental Health. These consultations help us to decide whether proposals would be in-line with current policy.

In addition to the statutory consultees set out in Appendix E, we will consider whether to consult more widely with non statutory consultees as appropriate on a case-by case basis.

How do we consult?

Planning applications:

This section explains how we will publicise and provide information on planning applications.

Relevant legislation (6) sets out the minimum period of 21 days (not including bank holidays) for consultation on planning applications before the local planning authority can decide an application. Sometimes, discussions and negotiations result in additional or changed information being received. In that case, we may notify consultees or communities of changes and invite further comments.

There is no minimum requirement for this additional consultation period and this is entirely at our discretion.

In most cases, we send letters to immediate neighbours that share a common boundary with a planning application site. The case officer may use a site notice when it is difficult to identify the neighbours or if the land ownership is unknown. Additionally, a site notice may be used where the case officer judges that the case is of interest to an audience not limited to the immediate neighbours. Some types of applications also require formal publicity through advertising in a local newspaper. In all cases we will provide a named contact on our consultation correspondence and on our website, so that residents and stakeholders know who they can speak to about proposals. Relevant legislation sets out requirements for the consultation process concerning the different kinds of planning applications and any advertisement necessary (7). These are the minimum requirements and will vary according to the scale, type of application and location. Appendix F sets out the statutory publicity requirements for applications for planning permission and listed building consent.

Details of every valid planning application received are displayed and accessible on our website. We also publish a weekly newsletter that anyone can subscribe to, plus new applications out for consultation are published on the website and advertised via social media every working week. The website allows comments to be submitted on planning applications electronically when the consultation period is open. Once the decision has been issued, it will be available on the website with the Officer’s report.

(6 - Town and Country Planning (Development Management Procedure) (England) Order 2015) 

(7 - Article 15 of The Town and Country Planning (Development Management Procedure (England) Order 2015)

 

Pre-application discussions:

We encourage pre-application discussions for all application types to confirm whether the principle of development is acceptable and to clarify what supporting information and level of detail is required for us to make a decision on a subsequent application. Due to their sensitive nature, these early discussions will usually be confidential. However, developers and applicants are encouraged to engage as appropriate with statutory consultees (such as Natural England, Historic England and the Environment Agency) and the broader community, as early as possible in developing their proposals. For example, a developer might hold a public meeting or exhibition to seek local people’s views before applying. Such engagement is not arranged by us.

Permitted Development and Prior Notification:

Certain types of work or development may occur without the need for planning permission from us. Some forms of development do not require consent as they are ‘Permitted Development’ and thus have permission through the relevant legislation (8). Some other forms of development are also permitted but need a ‘prior notification’ to us of the intention to undertake works. In some cases, consultation with neighbours may be carried out following the requirements of the legislation.

(8 - The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or through a local authority grant of permission (local development order, neighbourhood development order or community right to build order).)

Enforcement:

A breach of planning control occurs when a person starts work on a building, or undertakes a new use, without obtaining the necessary planning or related permission. Our Planning Enforcement Plan sets out our priorities for investigations concerning planning enforcement, explains what we will investigate, our policies and procedures when investigating and remedying breaches, and outlines our general powers.

 

What happens to the comments I make?

We will take any comments you make into account when making a decision on a planning application. Where appropriate, we may seek to negotiate amendments or to discuss your comments with relevant organisations to seek their views.

The comments made by individuals and organisations will be balanced against evidence, comments from statutory bodies (based on their expertise), legal requirements, national and local policies, and other material considerations. Inevitably there will be times when we do not consider amendment to a planning application is necessary.

Comments received will be made available for others to see once private, personal information (such as email addresses and personal signatures) have been removed. These will remain visible on relevant planning files/consultation documents for a period of time as set out in our retention policy.