What happens when you make an application?
When a planning application is submitted to the Broads Authority we will check it to confirm that all of the necessary information has been submitted in support of the application. When we are satisfied that the application is complete we will validate it and start the process (as per our Validating Planning Applications Code of Pratice).
We will consult all the necessary third parties and organisations (our Code of Pratice on consultations will show how this process works) – the extent of this will vary depending on the proposal and the nature of the application site.
The case officer for the application will visit the site so that he or she can understand the proposal in its context and form an initial view about whether the proposal is likely to be acceptable or not. The sorts of issues that the case officer will consider in this assessment will include:
What the development would look like;
The effect of the development on local character;
The effect of the development on wildlife;
The effect of the development on navigation;
The effect of the development on neighbouring properties;
Traffic associated with the development.
The case officer cannot consider matters which are not about planning, such as: issues covered by other regulations for example, licensing and building control; private property rights for example, disputes about boundaries or access; the effect the development may have on individual property values; the reasons why the developer is making the application or their activities elsewhere; moral issues related to the proposal; competition between businesses; loss of a private view (nobody has an automatic right to a view over someone else's land).
This list is simply a guide and does not cover everything. The main issue for us is whether the use of the site is acceptable in planning terms. The case officer will consider the application taking into account the nature of the proposal and site specific factors; the development plan for the area; any other relevant planning matters; and comments we receive from neighbours, local stakeholders, Parish Councils, statutory consultees and any bodies and third parties.
The case officer for the application will review the proposal in light of the above and consider whether the proposal is acceptable or whether amendments need to be made in order to make it acceptable. If changes can be made which would improve the proposal or make it acceptable, he or she will negotiate with the applicant to make those changes by amendment to the proposal. Sometimes a proposal is not acceptable and cannot be made acceptable by changes.
Making a decision
A decision may be made on a planning application either at officer-level under the Broads Authority’s scheme of delegated powers or it will be taken before the Planning Committee. The Broads Authority Code of Pratice on decisions is available to view to show how this process works.
The Scheme of Delegated Powers (word document) [192kb] outlines the circumstances in which officers of the Broads Authority are allowed to make decisions without referring the matter to the Planning Committee. As part of this process the case officer will discuss the recommended decision with his or her colleagues and the decision will be agreed by the Head of Development and Regeneration. A delegated decision report will be prepared setting out the reasons for the decision and the factors which have been taken into account and this will be placed on the application file. This report and all other correspondence relating to the application is viewable on Public Access.
The Government encourages Local Planning Authorities to use delegated powers where possible as this speeds up the decision making process and enables the Planning Committee to concentrate on major applications and those which raise issues of policy.
Planning applications for major proposals or where there is an objection which cannot be resolved or which raises issues of policy are considered by the Planning Committee. The Planning Committee meets monthly at Dragonfly House. A report will be prepared by the case officer and this is available five working days before the Planning Committee Meeting. Applicants or their representatives, members of the public and third parties may speak at the Committee Meeting in support of or to object to the proposal under our Public Speaking Arrangements (Word Doc) [32kb].
When a decision has been made, either under delegated powers or by the Planning Committee, the Broads Authority will issue a Decision Notice. This will:
- Grant planning permission without conditions; or
- Grant planning permission with conditions; or
- Refuse planning permission.
A copy of the Decision Notice will be sent to the applicant (and/or agent if appropriate), the relevant District, Borough or City Council and the Parish Council. Everyone who made representations on the application will receive a letter notifying them of the decision. A copy of the Decision Notice will be held on the application file and is viewable through Public Access. If the planning permission is subject to planning conditions these conditions will be monitored.
Appealing against a refusal of planning permission
Where planning permission is refused or permitted subject to conditions which the applicant finds unacceptable, the applicant can make an appeal against the decision to the Planning Inspectorate.
The Planning Inspectorate will then consider the decision that the Broads Authority have made and decide whether or not planning permission should or should not have been granted. The Planning Inspectorate can only look at planning matters and will not consider procedural issues.
An appeal is also permitted on the grounds of 'non-determination' when the Broads Authority fails to determine the application within the statutory period. For further details of the Appeal Process. please refer to our Appeals webpages.
