The Decision Process
Warwick District Council deals with most planning applications affecting its area, including residential and business applications. However Warwickshire County Council deal with applications for their own development or for minerals and waste planning applications.Sometimes, the Secretary of State will decide a planning application, usually where it has been "called in" for his decision
Who Does What?
The Applicant
This person or organisation puts forward the proposal. The first thing to do is check with Warwick District Council is whether the development does require planning permission, whether for a business or residential.
It is usually advisable for applicants to discuss their ideas informally at an early stage with any potentially affected neighbours. The applicant is responsible for submitting the application and paying the appropriate fee, together with submitting the correct forms and plans.
The applicant then responsible for implementing the project in accordance with any approved planning permission, in accordance with any of the conditions attached. Applicants may decide whether to appeal against a refusal of permission or any of the conditions.
The Agent
This person or organisation is employed by the applicant to make the application on their behalf. It is not compulsory to employ an agent and it is the applicant's decision whether to use one or not
Warwick District Council
The Planning Department receives the application and once valid it puts the application details on a register, which is available for public inspection. Searches for applications can also be made on this website. The department publicises the application and begins to process it, which includes a visit to all sites, while taking due account of all comments received.
The application may be dealt with under delegated powers which allows certain applications to be decided without the need to be referred to the Planning Committee. Otherwise applications are presented to the most appropriate committee date with a recommendation to the Planning Committee. The committee is made up of elected councillors who will make their decision, which does not always accord with their officers' advice. There is the opportunity for public speaking at committee.
As the Local Planning Authority, the Council has responsibility for dealing with breaches of planning control which may involve the taking of enforcement action. A breach of planning control will comprise ‘development’ which requires planning permission, or other matters which require the formal consent of the local planning authority, where the work has been done without such permission/consent first having been obtained. However, the Council does not always have to take action and the decision will depend very much upon the particular circumstances of each case and the degree of harm that is being caused.
Department of Communities and Local Government (DCLG) and the Planning Inspectorate
Large proposals or controversial applications of regional significance may be 'called in' so that the First Secretary of State (Department of Communities and Local Government) can decide them. Large appeals may be dealt with at this level, while smaller, less controversial appeals will be dealt with directly by the Planning Inspectorate.
Other Organisations.
Some national organisations with special expertise, such as the Environment Agency and English Heritage, will be consulted about planning applications in certain circumstances. Warwick District Council will also consult local organisations.
Neighbours and other Members of the Public
All properties which directly neighbour onto an application will be consulted on a planning application, in some circumstances wider direct notification may also take place. A site notice will also be positioned on or near to all application sites. Neighbours and other interested individuals can make comments on applications whether they object or support an application or just want to comment on various aspects. You can also Search for a Planning Application on the website,which will give brief details of all applications received in the past 5 years.
Appeals
If Warwick District Council refuses an application or allows it, but only subject to conditions which the applicant finds unacceptable, the applicant can make an appeal and have the matter resolved by a Planning Inspector. An appeal is also permitted on the grounds of 'non-determination' when the local planning authority fails to determine the application within the statutory period for making the decision (usually eight weeks).
|