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Q. What are the Council’s consultation requirements for planning applications?

01/12/2017

A. A local planning authority must consult on all planning applications. The consultation requirements will vary according to the type of application which has been made. If the application is for development which does not accord with the development plan (i.e. because it is for housing on a site which falls outside the development boundary identified in the plan), or if the application would affect a right of way, then a notice must be erected at the site outlining (amongst others) where the application documents can be inspected and the deadline for submitting any representations. A notice must also be put in a local newspaper.

 

Anyone can respond to this consultation, including individuals who might be directly affected by the development, as well as community groups and specific interest groups who may want to campaign against the development or simply comment on it. The formal consultation period will normally last for 21 days.

 

If the development proposed is major development, then in addition to the above consultation, the local planning authority must notify any owner or occupier of any land adjoining the land to which the application relates. Major development is defined as development involving the construction of 10 or more houses; development involving the construction of houses on a site of 0.5 hectares or more; development involving the construction of buildings with a floor space of 1,000 square metres or more; development on a site of 1 hectare or more; development involving the winning and working of minerals; and waste development.

 

If you consider that the local authority has failed in its duty to notify you or any other person or body about a planning application, and has subsequently granted permission, you may have grounds to challenge the decision in the High Court.


If you would like to discuss this further, please contact Mark on 01952 208412 or m.turner@fbcmb.co.uk.

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