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Planning
The Decision and Appeals
The Executive Director (Regeneration and Development) has extensive delegated powers to make decisions and determines all applications other than where the proposal involves the following development;
- Major developments - that is proposals involving 10 or more or has a site area of 0.5 hectares or more, and in other cases where the floor space is 1000 square metres or more or where the site area is one hectare or more.
- Demolition of a listed building.
- Alterations or extension to a Grade 1 or Grade II* Listed building.
Decisions on these applications are made by the Planning Committee at their meetings which are generally held every three weeks.
There is also a procedure (the call-in procedure) where elected members can require any other application to be determined by planning providing. The call-in procedure requires that two or more members notify in writing that they wish an application to be decided by Planning Committee by a specified date. The procedure enables members to withdraw the call-in and the decision would be made by the Executive Director.
Appeals
The applicant is entitled to make an appeal against any decision to refuse an application for planning permission, listed building consent and conservation area consent or against a condition imposed of planning permission, listed building consent and conservation area consent.
If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State within the following timescales.
- Within six months of the date of the decision notice; or
- If the decision relates to a householder application then you must do so within 12 weeks of the date of the decision notice; or
- If the decision relates to the same or substantially the same land and development as is already the subject of an enforcement notice you must do so within 28 days of the target date of the decision which is in the case of applications for major development, 13 weeks, or in all other cases, 8 weeks, beginning with the day immediately following the date when a valid application was received (the target date); or
If an enforcement notice is served relating to the same or substantially the same land and development as in your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder appeal] of the date of the target date, whichever period expires earlier.
Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.
The Secretary of State can allow a longer period for giving notice of an appeal, but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
Such rights of appeal do not apply to anyone who has an interest in a proposed development and/or who may have commented upon the application before the decision was issued.
If an appeal is lodged against a decision relating to a planning application that you have commented upon then you will be notified of the appeal and given the opportunity to make further representations directly to the Secretary of State. In the event of an appeal on a householder application that dealt with by way of an expedited procedure any representations made before the determination of the application will be passed to the Secretary of State and there will be no opportunity to make further representations.
