Publicity and Notification of Planning Applications
It is a fundamental principle of the national planning system that the planning application process is an open one with all decision making being democratic and transparent. To this end the Government provides regulations and advice about publicity of planning applications.
- The Town and Country planning (General Development procedure) Order 1995.
- Circular 15/92
- Planning and the Historic Environment Circular 14/97
In summary the statutory position is as follows:-
Site Notices are required for the following:-
- Applications with Environmental Statement [art8(2)(a)]
- Departures from the Development Plan – Where the Council are minded to approve the application. [art8(2)(b)]
- Applications that affect a right of way as defined by the Wildlife and Countryside Act.[art8(2)(c)]
- Development affecting the character or appearance of a Conservation Area [14/97]
- Development affecting the setting of a Listed Building [14/97]
- Applications for Listed Building Consent or Conservation Area Consent. [14/97]
- Major development-Residential: more than 10 dwellings or sites over .5ha.
-More than 1000 sq.m. of floorspace
-Sites greater than 1ha
-Mineral applications
-Waste Applications [art8(4)]
Press Advertising is required for the following:-
- Applications with Environmental Statement [art8(2)(a)]
- Departures from the Development Plan– Where the Council are minded to approve the application.[art8(2)(b)]
- Applications that affect a right of way as defined by the Wildlife and Countryside Act..[art8(2)(c)]
- Development affecting the character or appearance of a Conservation Area [14/97]
- Development affecting the setting of a Listed Building [14/97]
- Applications for Listed Building Consent or Conservation Area Consent [14/97]
- Major development-Residential: more than 10 dwellings or sites over .5ha.
-More than 1000 sq.m. of floorspace
-Sites greater than 1ha
-Mineral applications
-Waste Applications.[art8(4)]
In addition to the above, the regulations require [art8(5)]that planning applications shall be publicised by giving the requisite notice by either:-
(a)site notice displayed in at least one place on or near the site in question for not less than 21 days. or
(b)service of a notice on the adjoining owner or occupier.
It is evident therefore that it is not mandatory to send individual letters to adjoining occupiers. It is also important to note that this requirement applies only to “Planning Applications” and not related applications such as those for Advertisement Consent.
The City of Salford has a policy of notifying adjoining occupiers of applications received by individual letter and each year sends out approximately 10,000 letters. The display of site notices (except in those situations listed above) is seen as a supplement to the individual letters in cases where there is no easily identified adjoining occupiers.
“Neighbour Notification”
.
Planning Applications and all other types of application except those below.
All adjoining occupiers are to be notified by letter (sample attached)
“Adjoining” in this sense means:-
any properties which share a boundary with the application site.
In the case of developments or extensions adjoining a highway, properties that overlook the proposed development.
In the case of A3 uses the notification will include properties above and to the front, side, and rear of the site.
The attached plan illustrates the above.
Advertisement Consents
Occupiers to be notified by letter:-
Properties which overlook sites where poster adverts (hoardings) are proposed.
Properties adjoining or facing sites with projecting/hanging signs or illuminated advertising.
There are certain application types which do not generate the need for Neighbour Notification:-
- Certificates Of Lawfulness
These application types do not involve making judgements on the planning merits of a proposal but a rather decisions based on Planning Law.
- Article 10 Consultations
These are in the main in locations remote from the City of Salford boundary and do not affect individuals. The publicity and notification requirements lie with the Authority who have issued the consultation.
Procedure Notes
- At the discretion of the case officer notification may be sent to persons in addition to the above.
- The City Council will not determine applications where neighbour notification has taken place within 21 days of the date of the notification letter or the Site Notice, unless all persons notified have responded beforehand.
- Consideration will be given to all representations received later than the 21 days provided the application has not been determined.
- All representations need to be made in writing (or by email) giving the name and address of the respondent. Anonymous or verbal representations will not be considered in the determination of an application.
- Copies of the applications are available for viewing at Swinton Civic Centre but are also available on the City of Salford web site.
- In the case of the receipt of significant amended plans the persons notified, will be re-notified and given a further 10 days to make any representations.
- In the case of applications decided by the Planning and Transportation Regulatory Panel, respondents will be notified of the date of the Panel meeting.
- Persons making representations will be notified of the decision within 7 days of the decision being made.