What is the planning process in the South Hams?
‘The planning process’ Planning for the District
How do we make development control decisions that affect our area?
Introduction:
This page seeks to provide a brief overview of development control, and how it operates in the South Hams. Our environment is changing all the time. Houses, commercial development, roads, and other facilities are being built or existing buildings are being altered and put to different uses. Planning is concerned with the management of this change. Planning has to balance the need for jobs and houses with the conservation of historic buildings and the natural landscape.
How is planning organised in the South Hams?
The Planning & Building Control Service is responsible for the implementation of the Council’s planning policies through joint working of the Building Control, Coast and Countryside, Conservation and Development Control/Enforcement services. The Forward Planning Service is responsible for policy making and in particular the preparation of the Local Plan/Local Development Framework. The Development Control team is the key section when considering planning applications, but all four teams play their part in the process.
- Development Control/Enforcement Service – planning officers work in teams for specific areas within the district and deal with all planning applications, provide advice and defend appeals in their area. An enforcement officer covers the whole district, working with other team members.
- Landscape and Leisure – officers promote enhancement and enjoyment of the countryside and the coastline. We help local people to become involved in protecting and enjoying the attractive and varied landscape of the South Hams, and provide landscape, wildlife and rights of way comments on applications.
- Conservation Service – is involved if the proposal affects one of our 3,500 listed buildings or 50 conservation areas in the district. We also provide design advice on applications.
- Building Control Service - officers are responsible for the health and safety of people within buildings. In terms of planning, we help monitor the implementation of development, and promote access for those with impaired mobility.
- Forward Planning Service - is responsible for the production of the South Hams Local Plan/Local Development Framework (LDF). This guides and informs day to day decisions as to whether or not planning permission should be granted and is a principal tool for the Development Control service.
When considering a planning application what affects the decision?
When an application is submitted, the case officer in development control, with colleagues in the Landscape and Leisure and Conservation services as well as other colleagues such as those in the forward planning team and environmental health, has to consider the following issues:
- National Policy
- The Government publishes a variety of documents setting out its thinking on various national planning issues, e.g. approach to controlling development in the countryside.
- Regional Planning Guidance
- Regional guidance provides a broad development strategy for the whole of the south west.
- Structure Plan
- The Devon Structure Plan is a general statement outlining key planning guidance for the whole county, for example in terms of housing and employment. The current Structure Plan runs from 2001-2016.
- Local Plan
South Hams has its own Local Plan (being replaced with a Local Development Framework (LDF)) which sets out in detail where and how development can take place, and where attractive and sensitive areas will be protected. The Forward Planning service is responsible for the Local Plan/LDF.
How is the Decision Made?
If the application is controversial, a decision on the application is likely to be made by the Planning Committee. If the application is less controversial, it is likely to be determined by officers considering the proposal against the Council’s planning policies, in consultation with Ward Members, and the Chairman of the Planning Committee. Applications for approval that have no objection are generally determined by officers.
The Government expects all planning applications to be determined within 8 weeks of submission. It is therefore important that any comments from the local community are received as early as possible in the application’s life so that the Council can take any views into account.
What is a Planning Consideration?
The case officer has to consider the following types of questions:
- Development Plan
What are the policies and proposals in the plan and does the application comply? For example, is the application inside or outside the current development boundary of the settlement? Is it an Area of Outstanding Natural Beauty, a conservation area, a coastal protection area or an Area of Great Landscape Value? Has there been any previous planning decisions or recent appeal decisions that are relevant? A copy of the adopted development plan can be viewed on-line.
- Community considerations
What is the effect of the proposal on the character of the area? Is there any archaeological or conservation issues? Does it cause problems of overlooking? Is the design appropriate? Is landscaping required? Are there highway safety issues? Does the community have satisfactory infrastructure in relation to drainage or the local school capacity? Will the development contribute to any economic benefit or social benefits in the locality? What would be the losses, if any, to the existing amenities of the locality were the application to be approved?
It is difficult for any planning application to be fully supported by all parts of the community. Most applications have a number of benefits as well as some negative effects. For example, there will be a need to balance the visual impact of a proposal with the need for rural economic regeneration, which may allow certain forms of employment development in the countryside. Most planning decisions are a careful balance of a number of considerations.
How can the community influence the decision?
- As a member of the community, it helps if you are involved in the progress of the development plan and you are aware of current policies affecting your area.
- It is very important for those affected by applications to make comments early, before an applicant becomes "wedded" to their scheme, and officers have time to discuss your views with the applicant within the 8 week timescale set by Government.
- It is essential that any comments you make are clear so that both officers and elected Members clearly understand your views. You may wish to write your comments as follows:-
- Objection in principle because
(Having considered all factors you consider that planning permission should be refused and amendment to the plan would not overcome your concerns. If refused, there needs to be clear and justifiable land use planning reasons for objecting. It is important to remember that the applicant can appeal against a refusal of planning permission, and if the Council cannot justify its reasons for refusal, costs can be awarded against the planning authority).
- No objection to the application if the following amendments are made
(If the application as it stands is unacceptable, could it be made acceptable by an amendment such as a different siting or changes in the design? You could suggest conditions which could be attached to the planning permission which would help make the application acceptable to you).
- No objection
(You have no particular views either way about the application)
- Support because
(You may feel that the proposal is a good idea for your area)
Find out more
This is a very brief summary of the process in South Hams. If you have any views or questions on how the planning system affects you, please contact us.
What consultations take place on planning applications?
Integral to making a planning decision is consultation and publicity. Each planning application has a initial consultation period of 21 days so that views of consultees and the local community can be sought.
How do we consult?
South Hams District Council do not carry out individual neighbour notifications. All applications are advertised in the local paper and site notices put on or near each application site. In addition to this details of all new planning applications are on the planning pages of the Council's website “Search for Planning Applications online "
Whom do we consult?
Statutory consultees as appropriate and as set out in planning legislation. This would frequently be the appropriate Parish or Town Council and Ward Councilors for the area in which the site of the planning application is situated, Highway authority, Environment Agency, or English Heritage.
Non-Statutory consultees. These could include local amenity societies, local interest groups, countryside and wildlife organisations, etc
Other Council departments. These could include those advising on public rights of way, landscape, building design, air quality, noise etc.
I’m thinking of doing some building work which I know requires planning permission but I’m not sure if it would be looked upon favourably – how can I find out if it will receive officer support?
We welcome pre-application discussions with developers or individuals. Clear and objective advice will be given. This advice will be an officers opinion only and is without prejudice to the formal consideration of any planning application by either officers or members of the council. Any advice given will normally be confirmed in writing.
It is important to remember that a planning officer may not always be familiar in detail with the site. Therefore, discussions based solely on a site plan for example, are unlikely to be of any value. The reason for this is because a site plan cannot convey the site’s or the proposal’s physical characteristics in any detail. You will therefore need to do some preparatory work in advance of any discussions.
Before contacting South Hams District Council Planning Service for pre-application advice on draft development proposals, we ask you to first:
- Fully investigate the planning history of the site. Does this tell you anything, which may be relevant to your proposals?
- Familiarise yourself with the relevant development and local plans and other supplementary planning documents the Council may have adopted which may be of relevance.
- Visit the site and make a detailed analysis to establish site characteristics, constraints opportunities and the surroundings. Accurate site survey plans and tree condition surveys and wildlife surveys (where applicable) will be required if a planning application is to be submitted. Therefore, these survey plans are likely to be useful in the process of designing a scheme too.
Once you have gone through the above checklist, you should be in a much better position to begin to design your scheme. You may then wish to approach the council to seek advice from a planning officer. We ask that you put your request in writing and that you include any plans/drawings and photographs that adequately describe your proposal. This will enable the most appropriate officer to be selected to handle the matter. You will receive an acknowledgement letter telling you who will be dealing with your query. If it is considered necessary to have a meeting to discuss your proposals further, you will be contacted. It is sometimes necessary to involve other council officers to comment on matters such as landscape or conservation issues. In this case it is likely that your proposal will be discussed with the necessary officers so that a fuller response can be given.
How do I know if I require planning permission to do works to my house?
Many alterations can be carried out to a residential property without the need to apply for planning permission. Follow our Do I require Planning Permission? guide to check if you require planning permission.
Do I need planning permission for a conservatory?
There is much misunderstanding regarding planning permission and conservatories. A conservatory is considered in the same way as any other extension. Many retrospective applications are received each year from people who were under the impression that planning permission was not required. Before proceeding with any building work view Do I require Planning Permission? guide to check if you require planning permission.
My solicitor needs proof that I didn’t require planning permission for works I have carried out to my property, what can I do?
In some cases it may be possible for a Planning Officer to write a letter advising that, in their opinion, planning permission was not required (if this was in fact the case). A fee may be payable for this advice. However, for a formal determination, it is recommended that you apply for a Certificate of Lawful Development. This can be for development that has already taken place or for a new proposal. The planning fee payable varies according to a number of factors, so please telephone 01803 861122 to ascertain the fee that applies to your application.
I don’t need Planning Permission; so do I need Building Regulation Approval?
Most domestic works will require Building Regulations approval. Not getting approval for works at the time could cost you more in the long run. Telephone South Hams District Council’s Building Control Team on 01803 861232 for more information and an application form.
How can I get some application forms?
Follow the link for Application Forms or contact planning admin on 01803 861122 for relevant application forms to be sent to you
Can I submit a planning application online?
Apply On-Line
An alternative route to submitting your planning application to us electronically, rather than using the forms on this site and e-mailing them to us. In this area you can: create a planning application and send it electronically to South Hams District Council District Council's Planning service along with any attachments, or complete the forms on your computer then print and send them by post as part of a traditional paper application. You can also pay your planning fee on-line or send a cheque to: South Hams District Council following the instructions on the Planning Portal pages.
Why do I need to submit a detailed site location plan?
We require an accurate and up-to-date site location plan to ease identification of your site and surrounding streets. It ensures that we visit the correct location, and avoid any unnecessary delays.
£135 seems a lot of money to pay for a planning application?
Planning fees are set and reviewed by central government and in most cases do not cover the costs of reaching a decision.
Where can I obtain location and block plans from?
South Hams District Council are able to supply location and block plans, however there is a charge to cover Ordnance Survey license fees. Maps can be ordered by telephoning 01803 861122 or you can submit your application via the Planning Portal where you can purchase site location plans online as part of your electronic submission.
I do not agree with the decision or conditions I have received on my application, how do I appeal against a decision?
Contact the Planning Inspectorate at:
The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol, BS1 6PN
Tel: 0117 372 8627
Only the applicant/agent for a planning decision may appeal against it. Interested parties have no right of appeal against a planning decision
Visit The Planning Inspectorate for more information.
How can I find out if an application has been submitted?
Follow the link to Search for Planning Applications online.
Can I view the plans online?
For applications received since December 2005 plans associated to planning applications are available on the planning pages of the South Hams website Search for Planning Applications online. Just click on the link and follow the instructions on screen to view application plans and some other documents (decision notice, supporting information etc)
How can I object to a planning application?
You can submit comments on current planning applications. You should usually submit your comments within three weeks of validation of the planning application. You can submit your comments using the "comments” box on the application detail page. ‘Search for Planning Applications online’.
Please note that comments submitted to the Council cannot be treated as confidential and will be made available for public inspection both one the Council’s website and on the file at Follaton House.
South Hams District Council do not carry out individual neighbour notifications. All applications are advertised in the local paper and site notices put on or near each application site.
What is a valid objection?
Objections can only be considered on the grounds of material planning issues such as:
- Design, appearance and layout
- Government Guidance
- Highway safety
- Previous appeal decisions
- Noise disturbance and smell
- Effect on daylight and privacy
What factors are not valid when considering an objection?
The following list is by no means exhaustive. The most common non-planning issues raised in objection letters are:
- Speculation about the value of property
- Loss of a private view
- Any matters relating to the construction process
- Private property rights
- Developer’s morals, motives or past record
- Possible future development
- The fact that development may not have been started or completed
- Moral/personal objections
- Matters covered by non-planning law
Do I require planning permission for a smoking shelter?
Going Smoke Free - A planning advice note on smoking shelters and other features.
