This section looks at the following:
How are Planning Decisions made?
When a planning application is received.
Once you have submitted your forms, plans and fee, they are checked by the planning staff to see if everything is in order and that the correct fee has been paid. The application is then registered and formally acknowledged to you or your agent, at which time it becomes 'public'. If further information is required we will write to you explaining the steps which you will have to take to put matters right. A copy of the application form and drawings will be placed on the planning register which is available for members of the public to inspect during normal office hours.
Publicising your application.
So that everyone knows what development is likely to happen, all planning applications receive widespread publicity. We are required by law to undertake publicity in accordance with national requirements. In most cases this will be by way of sending letters directly to neighbouring properties. Additionally we may display site notices or place a notice in the "Public Notices" section of the Citizen newspaper.
Members of the public can inspect your application at our reception area and they may, if they wish, comment on the application. Any comments made by members of the public (so long as they relate to planning matters) must be taken into account when the Council considers your proposal.
Remember - it is always best to discuss your proposal with your neighbour. Apart from maintaining good neighbour relations, you may be able to overcome any difficulties which you had not foreseen, or even gain your neighbour's support (although this in itself will not guarantee that you get planning permission). The Party Wall Act, 1996 also places responsibilities on owners carrying out work to or close to a Party Wall. A free booklet on the Party Wall Act 1996 is available from our offices or you can email: development.control@gloucester.gov.uk|
How can I Comment in a Planning Application?
If you wish to make a representation, either just to comment or in support or objection to an application for planning permission, you can do this in writing by standard mail or electronically via the 'Public Access'| system.
Commenting Electronically
When the planning application details are selected in the Public Access system, a button appears in the top right corner "Submit Comments", click on this and follow the instructions. (Please note, this only appears for planning applications that are current and fall within the valid publicity period).
Commenting by Email
Send an e-mail to development.control@gloucester.gov.uk| with Planning Application information along with comments. Please also provide your contact details.
Commenting by Post
Send a letter with Planning Application information along with comments to the following address:
Development Control Team
Gloucester City Council
Herbert Warehouse
The Docks
Gloucester
GL1 2EQ
When considering an application, the Council has to balance people's rights to use or develop their property against public interests and concerns. There are a number of issues that are taken into account:
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the City Local Plan and County Structure Plan policies
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Government guidance
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case law and previous decisions
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effect on the enjoyment of neighbouring properties
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design, appearance and layout
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conservation of the built and natural environment
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highway safety and traffic
The following are NOT planning matters and can NOT be considered in reaching planning decisions:
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loss of view over other people's land
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effect on the value of property
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possible future development
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developer's motives
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private property rights (e.g. boundaries or access)
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matters covered by other laws, e.g. alcohol licences
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neighbour disputes
Gloucester City Council encourages public participation in planning and your views and comments on planning applications are welcomed within the 21 day consultation period. Comments mad after this time and without agreement of the Case officer may not be taken into account.You may also wish to contact your local Councillor to put forward a representation, copies should also be forwarded to the council to ensure that they are considered. If you prefer to make your representations in writing, please quote the application number and clearly explain your objections, comments or support. All comments received are open to public inspection. Gloucester City Council can provide details of the "Planning Aid" service for anyone who seeks further assistance in making representations on planning matters.
How are Planning Applications processed?
Each planning application is assigned to an individual planning officer for processing. The planning officer will initially (if need be) consult with other experts for their comments. For instance, the Council's engineers will be consulted if there are perceived to be highway or drainage implications with your proposal. The planning officer will then make a site visit to judge what effect your proposal may have on neighbouring properties and the surrounding area in general. If the planning officer feels that changes are needed to a proposal in order for it to have a greater chance of being approved, then you will be contacted to discuss the need for amended plans.
The planning officer will then be required to make a recommendation as to whether the application should be granted permission or refused. In making his recommendation, the planning officer is required to have regard to the Local Plan, Government planning guidance and all comments based on planning grounds made by other departments of the Council, neighbours and other interested parties. The officer's recommendation will then be considered by either the Development Control Manager (most cases) or the Planning Committee (major or contentious cases) for a final decision.
The Council has eight weeks from the date of receipt of a valid application (meaning the details and fee are correct) in which to make a decision. In practice, this can take much longer if, for example, lengthy negotiations are required to resolve the conflicting interests of an individual application. If you do not receive a decision within the eight-week period, you then have a right to appeal to the Planning Inspectorate|. If you exercise this right, then the responsibility for determining the application passes from the Council to an Inspector appointed by the Secretary of State.
However, this does not always mean that the applicant will receive the decision more quickly than if the Council had been allowed to consider the application. If you are unhappy with the time it is taking to determine your application you are advised to contact either the case officer or the Development Control Manager to discuss the matter.
How are Planning Applications considered?
Most decisions on planning applications are made by Officers under delegated powers. Major or contentious applications are decided by the Planning Committee. The Planning Committee consists of thirteen of the elected Councillors of the City. Planning officers attend the meeting in order to present each application to the Committee, and to assist and advise Councillors regarding the details of planning law and policy. In making the decision on a particular application, the Committee may or may not follow the planning officer's recommendation.
After the application has been determined, a Decision Notice is sent to the applicant or to the applicant's agent stating that the application has either been granted or refused. If the application is granted, the decision notice may specify the conditions under which planning permission has been given. These conditions should be read very carefully, and fully complied with when the development takes place.If the application is refused, the decision notice will explain why the proposal failed to receive planning permission.
Last Modified: Wednesday 21 March 2012