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.
- Coast and Countryside Service – 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 Coast and Countryside 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 (to be 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.
When considering a planning application, the Council also takes account of the views of the Parish/Town Council affected by the application, as well as consultees such as the County Highway Authority, the Environment Agency, amenity societies, and local people.
What is Development Control?
Whenever development is undertaken (which could be either physical works or changes of use), then an application has to be submitted to the Council. A number of different types of application can be submitted. For example outline applications which establish whether the principle of development is acceptable; listed building applications, which are separate to planning applications, and seek to establish whether the proposed works will have an adverse impact on the architectural or historic interest of an important building; and applications which relate to works to protected trees.
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 not objection are 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.
What matters cannot be considered as part of the planning application?
The Council cannot consider potential conflicts between neighbours or between the applicant and the local community, private competition between individuals and devaluation of property. Neither can the Council take into account the motive of the applicant or any moral issues that the proposal raises or take account of matters covered by other legislation. Furthermore, the Council cannot take account of public objections which cannot be fully sustained on planning grounds. These points apply to all planning authorities, not just South Hams.
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. If you are considering doing anything that you think might need planning permission, talk to development control first. Please see our 
Permitted Development Enquiry form. If you do work that needs planning permission, but you don’t have that permission, it could be very costly indeed. Further information on the planning system is available from the Planning Portal.
