| Topic: | General Publicity for Planning Applications | |
| Posted by: | Victor Mishiku | |
| Date/Time: | 24/04/13 10:35:00 |
| Re: Philippa's question: The bare Legal requirements are pretty minimal! Extracts from "The Town and Country Planning (Development Management Procedure) (England) Order 2010" are below:- (2) In the case of an application for planning permission for development which — (a)is an EIA application accompanied by an environmental statement; (b)does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or (c)would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way)(1) applies, the application shall be publicised in the manner specified in paragraph (3). (3) An application falling within paragraph (2) (“a paragraph (2) application”) shall be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice — (a)by site display in at least one place on or near the land to which the application relates for not less than 21 days; and (b)by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated. (4) In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice — (a)(i)by site display in at least one place on or near the land to which the application relates for not less than 21 days; or (ii)by serving the notice on any adjoining owner or occupier; and (b)by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated. (5) In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice — (a)by site display in at least one place on or near the land to which the application relates for not less than 21 days; or (b)by serving the notice on any adjoining owner or occupier. -------------------------------------------------------- So, for non-major developments (10 units), the publicity requirement under the law is as per (5) above namely either a Site Notice on the lamppost for 21 days or Notices (Notification Letters giving 21 days from the date of service) sent to any adjoining owners. Query: Does "adjoining" mean one or two houses either side only? It does not say "immediately adjoining". As you can see, the above is barely satisfactory especially if a developer tears down the Notice the same day! or as happened in a case in Lewisham, because of delay, where the 21 days Notice only went up on the day it expired! However, there is a Government Planning Circular and in addition and most important of all, the Council has agreed Neighbour Notification Procedures at least two decades ago. I believe that CIRCULAR 15/92 is still extant although some of the legislation referred to may have been either updated or replaced. Part of it reads as below: 7. Neighbour notification may be the more appropriate method where interested parties are limited to those living in the immediate vicinity. In many cases, the development will only be of interest to close neighbours, whose main concern may be about a loss of light or privacy. It enables those who are unable to see a site notice, for example the housebound, to express their views. Although not part of the statutory requirements, local planning authorities may find the definition of "neighbouring land" used in Scottish legislation (which is annexed to this Circular) helpful in deciding which other neighbours to notify. 8. Written communications should be addressed to "the owner and/or the occupier" of land adjoining the site. It will be particularly difficult to ensure time-share owners are aware of developments likely to affect them. Where local planning authorities are aware that a neighbouring property is owned under time-share arrangements, neighbour notification may he the most appropriate method of publicity. The letter should be addressed to "the owner's association or trustee." 9. Site notices can be particularly effective where there is doubt about who interested parties are, perhaps because the ownership of adjoining land is uncertain, or because the siting or design of the development is likely to be of interest to more than immediate neighbours. They also allow information about the proposed development to be passed by word of mouth to a larger audience than might otherwise be possible. 10. Notices should be displayed on or near the site and should be visible and legible to anyone passing by without the need to enter the site to be read. A large site, one bounded by several roads and footpaths, or with more than one frontage will normally require more than one notice. The main disadvantage of site notices is that they are susceptible to damage from vandalism and inclement weather. Where a site is thought to be particularly prone to such problems, neighbour notification is preferable. 11. Apart from the statutory minimum requirements, local planning authorities should consider what other methods of publicity are available for attracting a wider audience. Parish and community councils are an integral part of the development control process. They may have a more intimate knowledge of their area than the local planning authority, and could be invited to participate fully in publicising planning applications, particularly in rural areas, where local newspapers may not be widely available. Lists of applications should be available in public places such as libraries, notice boards and citizens advice bureaux. Local planning authorities should also ensure that the press, local civic and amenity societies, and residents' associations are made aware of proposed developments. ----------------------------------------------------- In any event, Ealing Council decided as a matter of procedure many years ago that it would widely notify neighbours. The exact number of neighbours and locations was listed long ago (and I had an input into this years ago since a proposed backland development meant that more people would be affected) I will try to locate the Council's own existing Neighbour Notification procedure and I'll write back further. There may also be a special procedure for Conservation Areas (as in the instant case in Castlebar Road). As to Appeals, I will check into that too but normally, the Council does notify persons who wrote in to either object or support a planning application. Where there is a Petition of many people, some Councils, I think, write to the first person on it or perhaps, to the person who presented it? Elmbridge Borough Council stated in the press on 9th September 2009 that a Petition they had received from neighbours objecting to a planning application "would form a material consideration in the determination of the application". NB. This is contrary to well-meaning "advice" that has been given to neighbours occasionally that Petitions are a waste of time and will be ignored! |