The aim of planning legislation is to secure the best use of land in the interests of the community and protect our environment from excessive or inappropriate development.
Control is exercised by the Local Authority in its determination of planning applications and these guidance notes explain, in broad terms, how applications are dealt with by the Planning Section of the Borough of Spelthorne.
The planning application
All planning applications, whether for large development or small extensions, receive careful and detailed consideration by the Council.
The application (which consists of completed forms, certificate, plans and a fee) is submitted to the Planning Section by the applicant or an agent acting on behalf of the applicant.
Applicants are encouraged to discuss their proposals with officers of our Planning Section prior to submitting their application, in order for the more obvious errors to be corrected or inappropriate forms of development to be discouraged altogether. There is a charge for all pre-application advice with the exception of minor householder developments. A separate leaflet is available from the Council on charges for pre-application advice. It is also recommended at the pre-application stage, that applicants contact neighbouring properties to explain their proposals as a matter of courtesy.
The planning application will be checked by our planning staff to make sure that all the necessary information and sufficient copies have been provided. If complete, the application will be registered and acknowledged; if incomplete, the missing details will be asked for to enable the application to be registered as quickly as possible.
The Government strongly encourages local authorities to make a decision within an eight week period from the date of registration of an application (except for major planning applications where there is a thirteen week period). Spelthorne regularly makes a decision in a shorter time.
Consultation/neighbour notification
A consultation period (normally three weeks) follows registration and allows public bodies, such as the Highway Authority, the Environment Agency, local interest groups or residents associations to comment on what is proposed. The Planning Section is also required to notify the owners/occupiers of properties near the proposal and/or put up a site notice. Certain types of applications are also advertised in the local newspapers.
The occupiers of neighbouring properties are invited to make their comments in writing, which should essentially concentrate on the aspects of the proposal which affect the amenity (or enjoyment) of their property. It is important to note that we can only refuse planning permission for development where the proposal would be contrary to the approved policies in the Spelthorne Borough Local Plan and/or Surrey Structure Plan and where it is clear that the proposed development would damage the environment, the appearance of the area or the quality of lives of local people to an unacceptable extent. However, we cannot refuse a proposal simply because a lot of people are against it.
You may view a planning application and make comments on line by using the Council’s Public Access System.
Sometimes additional information may be required from the applicant, or modifications may be sought to overcome problems that the proposal would otherwise create. However, the Council is committed to processing as many planning applications as possible within the statutory period. This means that applications are now normally determined as submitted. However, if amended drawings are submitted, adjoining properties (and other interests) will be re-notified (and a period of seven days given for comments) if, in the opinion of the Planning Officer, the amendments could result in a potentially greater impact compared with the original plans.
If you have made your comments in writing you may also wish to contact one of your local Councillors to make further representation on your behalf. It is suggested that you initially contact your local Ward Member; the details of whom can be obtained from the Council on 01784 451499 .
Determining the application
Within the first few weeks of registering an application the site will be visited by one of our Planning Officers (often called the Case Officer) who, in due course, will prepare a report and recommendation, taking into account the Council’s policies and standards. The Case Officer’s name will be identified in the initial correspondence sent out by the Council. Any previous decisions on the site or in the immediate locality will also be considered, as will the views expressed by the occupants/owners of the neighbouring properties and others who have been consulted. All other relevant factors will also be assessed.
Larger applications are determined at a public meeting by the Planning Committee consisting of locally elected Councillors. A report is produced for each application and forms part of the agenda, a copy of which is available for inspection a week before the Committee meeting. The Agenda may be viewedonline.
Any letters of representation received will also be available for public inspection. The Council operates Public Speaking at Committee for most types of applications where one person can speak in favour of the planning application and one person against.
A separate leaflet on the procedures for Public Speaking is available from the Council.
Delegated powers
Other specified applications are determined under what are called ‘delegated powers’ by the Strategic Director (Community), or other nominated senior officers. This includes the majority of household extensions and other smaller scale proposals and applies whether or not letters or representation have been received. In addition, large proposals can be refused permission under delegated powers. However the Council’s Delegation Agreement does enable Councillors to ‘call-in’ applications for decision by the Committee if circumstances show this to be appropriate.
The issues and concerns raised by all consultees and neighbouring properties will be assessed in detail, irrespective of whether the application is dealt with by the Committee or under delegated powers.
The decision
A Decision Notice is issued after a decision has been made. If planning permission is granted it may be subject to conditions. These conditions are legally binding. They may impose time limits, the type and colour of materials to be used, later agreement of landscaping details, and so on. The time limits for the majority of cases require that the development is commenced within three years from the date of the permission.
Refusal/appeal
If an application ir refused, the Decision Notice will state the reasons. If you receive a refusal notice you may wish, in the first instance, to contact the planning case officer to discuss the refusal and investigate whether the proposal might be amended to overcome the objection. If no suitable agreement can be reached and you remain aggrieved by the Council’s decision an appeal can be made within six months of the decision to the Secretary of State for the Department of Communities. The Decision Notice advises where the appeal forms can be obtained. There is no fee to pay to appeal against a refusal of planning permission.
If you have made representations on an application you will be notified of the decision. If an appeal is lodged against the Council’s decision, you will be notified and given details of how further representations can be made.
Summary and more information
The planning system operates ultimately by carefully considering and balancing all the relevant factors in a case (often referred to as ‘the material considerations’). More often than not the key balance will be between the appropriateness of a development against the task of seeking to minimise its likely impact. It is not always an easy balance to strike and we realise that planning applications can often raise very emotive issues. Nevertheless the professional planning officers and elected Councillors at Spelthorne are committed to ensure that all relevant and material considerations are properly weighed before any planning decision is taken.
If you wish to know more about the planning process or are seeking clarification on any issues raised in these guidance notes, please do not hesitate to contact the Council on 01784 451499, or email Planning.Development.Control@Spelthorne.gov.uk
