Planning Procedural Rules

The request was successful.

Brigitte Lechner

Dear Department for Communities and Local Government,

1. What standards of proof obtain where the planning applicant makes claims that, for example, the development meets a specified need or that a series of consultations took place.

2. What rules are invoked, if any, where no record of consultations or needs analysis are put forward in support of planning applications; similarly where no alternative options/solutions to the planning development were explored?

3. Where the local authority is the applicant, is it permitted to use public funds, and Elected Members' resources, to promote planning proposals over and above statutory notifications.

Yours faithfully,

Brigitte Lechner

Neil Holdsworth,

Dear Ms Lechner

Please accept this email as an acknowledgement of receipt for your enquiry
below. The aim to provide a full response by 8th April 2010.

Yours faithfully
Neil Holdsworth

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Brigitte Lechner

Dear Neil Holdsworth,
With reference to my information request, please give me some idea of when you will respond so that I can set my own timetable accordingly.

Yours sincerely,

Brigitte Lechner

Neil Holdsworth,

Dear Brigitte Lechner

I apologise for the delay in getting back to you. You have requested information regarding planning procedural rules which I am happy to respond to on an official level, but not under the terms of the Freedom of information Act. This is because you are asking questions of fact and policy– which are of course perfectly legitimate – but is not the intention of the Freedom of Information Act, which provides the public with a general right of access to information held by public authorities and covers all records and information held by a public authority. The legislation, policy and guidance relating to the matters outlined in your email are indeed already within the public domain.

Taking these matters into account, the department has deregistered the FOI request and I have been asked to respond by email addressing the points you raise in your email. I will endeavour to provide this response by the end of next week.

Neil Holdsworth
Communities and Local Government
0303 444 1716

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Neil Holdsworth,

Dear Ms Lechner

Thank you for your email, dated Monday, March 8, 2008. Further to my email dated Friday April 9th, I have sought to respond to your questions as below.

The procedural steps involved in the determination of Planning applications are set out in secondary legislation, the principal element of which is the General Development Procedure Order 1995 (as amended). This sets out the processes that Local Authorities must follow when considering an application for planning permission, including the form upon which the application must be made, the publicity that must be undertaken in the course of the application, consultation that must be undertaken and the format of the final decision.

Local authorities are required to determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. Planning policies set out at national and local level determine what information needs to be submitted in support of applications. Issues relating to the broader location of development for the area are accounted for in the plan for the area as set out in the local development framework , which itself goes through a comprehensive process of public consultation and through which the Local Authority are legally bound to consider alternative options, prior to adoption. Links to further guidance on the general principles of the planning system and local development frameworks are set out below.

http://www.communities.gov.uk/documents/...
http://www.communities.gov.uk/publicatio...

Procedures dealing with development by local authorities themselves are contained in the Town and Country Planning General Regulations 1992. Guidance on these Regulations is provided in DOE Circular 19/92 and the general principle underlying the Regulations is that local planning authorities must make planning applications in the same way as any other person applying for planning permission and they must follow the same procedures as would apply to applications made by others.

Local authorities may grant themselves planning permission for their own development, but this ability is subject to several important safeguards. For example, the proposals must be advertised in the same way as any similar application from any other applicant and they cannot be decided by a committee or officer responsible for the management of any land or buildings to which the application relates. Further guidance on propriety in planning, and Local Authorities own development, is provided by the Local Government Association - see link below.

http://www.lga.gov.uk/lga/aio/1940404

In response to the point regarding the use of public funds and members resources, I can confirm that local authorities are permitted to produce publicity related to their functions. For example, they may issue publicity to explain or justify the authority's policies in general, or on specific topics, for example as background to consultation on the line chosen for a new road. The Department has issued a Code of Recommended Practice of Local Authority Publicity (the Publicity Code) to which local authorities must have regard. It may be found on our website at

http://www.communities.gov.uk/documents/...

The Publicity Code makes clear that expenditure on publicity should be as cost effective as possible. In deciding whether the nature and scale of proposed publicity and consequently its costs, authorities should consider whether the publicity is statutorily required or is discretionary, and whether the expenditure envisaged is in keeping with the purpose and expected effect of the publicity. Publicity describing the authority's policies and aims should be as objective as possible, concentrating on facts or explanation, or both.

I hope this information is helpful.

Neil Holdsworth
Communities and Local Government
0303 444 1716

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