Statement of Community Involvement April 2019

3. Involving the Community in Planning Applications

3.1 The Framework encourages early engagement with communities, before a planning application is submitted. The Council encourages developers to talk to those who may be affected and refine their proposals while they are at a formative stage. Among those likely to be interested are neighbours, utility and infrastructure providers and, for larger proposals, Councillors and the wider community. The earlier consultation takes place, when proposals are being formulated, the better.

Pre-application Consultation for all Development

3.2 In October 2012 the Council introduced a formal pre- application advice service for development requiring planning permission, whilst still offering free general advice at the Union Street Offices, Chorley or over the phone by a duty planning officer. Details of this service can be found at chorley.gov.uk/planning. All pre-application consultations are confidential.

3.3 The Council are keen to promote the use of early discussions with agents and developers as part of the development management approach to facilitating acceptable development. Open and constructive discussions about schemes before they are formally submitted as a planning application can help steer proposals into a form that are more likely to be acceptable to the Local Planning Authority whilst leading to the reworking or dropping of proposals that appear to be fundamentally unacceptable. Entering into pre-application discussions will help save time, avoid wasted expense and avoid frustration, further benefits include:

Reducing the number of unsuccessful applications
Raising the quality of development
Securing satisfaction with the process
Reducing confrontation in the planning process
Identifying supporting information that should be submitted in support of a planning application.

Type of Developments that would Benefit from Community Involvement.

3.4 Developers are encouraged to incorporate community involvement into their development programme to allow for enough time to be devoted to involve the community in a particular scheme. The Localism Act 2011 proposed mandatory pre-application consultation with local communities but to date this has not been activated.

3.5 Where the proposal constitutes "major development", more formal consultation is encouraged. "Major development" is defined as:

(a) *the winning and working of minerals or the use of land for mineral-working deposits;
(b) *waste development;
(c) the provision of dwelling houses where:

(i) the number of dwelling houses to be provided is 10 or more; or
(ii) the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c) (i);

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more.

*In Chorley these matters are dealt with by Lancashire County Council.

3.6 Community Involvement in Planning Applications should also apply to:

Smaller development on sensitive sites;
Changes of use of buildings or land for purposes which are likely to be controversial;
Developments where opportunities for community benefits may be available (e.g. the upgrading of a facility used by the community);
Where there are issues of scale and controversy, or are contrary to and/or are out of line with the Local Plan;
Where the application is broadly in accordance with the Local Plan but raises controversial issues or detail i.e. those that will require a Transport Assessment.

3.7 Development control officers can give advice on the most appropriate methods, who to consult in the local area and where to hold a public exhibition. The developer should remember to give sufficient advance notice and publicity when carrying out community involvement. The following examples may also be helpful:

Make detailed proposals available for public view at the site e.g. Draft layout plans, drawings, photo montages, visuals, street scenes and sketches mounted on the site boundary, including 3-D representations where possible;
Public meeting/ Public exhibitions / community engagement events / Interactive Workshops;
Arrange a press release/advertisement in local newspapers;
Circulate a leaflet or letter/statement outlining the proposals within the vicinity to both residents and ward Councillors explaining proposals with plans or a diagram;
Arrange a meeting with groups in the community (e.g. Parish Council, residents' associations, interested parties, ward Councillors, neighbours); and
Use of social media by the developer to advertise the development and associated consultation events.

3.8 Small-scale proposals such as house extensions or advertisements will not require community involvement. However, applicants are encouraged to discuss their proposals with the occupiers of neighbouring property who will be affected and to take account of their concerns where possible and check with infrastructure providers and key consultation bodies that their requirements are satisfied - e.g. that you are not building over or near to service cables or pipes. This can reduce the need for changes after the application has been submitted to the Council, increase the prospect of planning permission being granted and speed up the time taken for proposals to be dealt with.

3.9 The Consultation Statement - Developers are encouraged to submit a consultation statement with their planning application. This should include:

The techniques they employed to gain stakeholder comments, including correspondence, public notices, press releases, a record of persons attending exhibitions, public meetings, public forums or events etc.;
A summary of the responses received;
A list of the main objections and any supports that have been raised;
Any other matters raised;
The developer's comments on the responses; and
The amendments made to the proposals as a result of the comments.

Masterplan / Development Brief Preparation and Consultation

3.10 Where the preparation of a comprehensive Masterplan or Development Brief is required, the Council welcomes early discussions with landowners/developers on the scope, content and the preparation process for each Masterplan or Development Brief.

3.11 The Masterplan or Development Brief should be the subject of consultation with all stakeholders and interested parties using similar methods as detailed above. Following consultation it shall be agreed with the Council and thereafter adopted for the purposes of development control purposes to inform the determination of planning applications related to the site.

The Council's Consultation on Planning Applications

3.12 The Development Control team is responsible for making recommendations and delegated decisions on planning applications. The Council seeks to notify those members of the community most affected by a potential development on individual planning applications. Although members of the community have the opportunity to comment on an application, planning applications must be determined in accordance with the provisions of the development plan, unless material considerations indicate otherwise.

3.13 Experience has shown the community is generally forthcoming with comments on applications of interest, and responses received in writing are reported in the planning officer's report.

3.14 The Council consults on planning applications as follows in accordance with the 'Town and Country Planning (Development Management Procedure)(England) Order 2015'.

Immediate adjoining neighbours are notified individually by letter, with 21 days to respond. In addition the Planning Officer may notify additional property addresses where it is thought appropriate, depending on the nature of a proposal.
Statutory consultees relevant to the application, such as the Highways Authority, the Environment Agency, etc. are notified, with 21 days to respond.
The Council displays a site notice, which will invite responses 21 days from the posting of the site notice.
The weekly list of planning applications received is circulated by email to Ward Councillors, the Clerks of the Parish and Town Councils, and other interested parties. The weekly list is also available to view via Public Access (see below).
The Council website offers a search facility, called Public Access, where a summary of the application details including application forms, plans, and other supplementary information can be found. There is also the facility to make a response via the 'make a public comment form'; comments made in this way will be available to view on-line.
Plans and drawings that have been submitted in support of a planning application are available for inspection at the One-Stop-Shop, Civic Offices, Union Street, Chorley.
All comments received on planning applications are summarised and considered in the planning officer's report. In addition to this, all representations received will be available to view at the Council offices, but only comments made via Public Access will be available to view on-line.

3.15 In addition to the above, the Council also place Public Notices in the Chorley Guardian referring to development proposals that are: a departure from the local development plan, a major application, development affecting a public right of way, a planning application with an Environmental Impact Assessment, or a planning application affecting a listed building, or a development affecting the character or appearance of a Conservation area. This is in line with the 'Town and Country Planning (Development Management Procedure)(England) Order 2015'.

3.16 Via Public Access anyone can register to track applications or have specific searches designed to their interests.

3.17 Amendment of a Planning Application. The Council may re-notify neighbours, contributors and other consultees, depending on the significance or scale of the changes to the planning application. If the changes proposed to the application do not represent a significant difference to the application, or satisfactorily overcome an objection raised then the Council may not re-notify.

Deciding Planning Applications

3.18 The decision on an application may be made in two ways depending on the category of the application:

By the Council's Development Control Committee. The committee is made up of elected councillors, advised by senior planning officers and a legal officer. The committee will consider a report written by the case officer assigned the planning application. The report will summarise the comments and consultation responses received and the key planning issues involved;

In accordance with a Scheme of Delegation whereby:

By a senior qualified professional planning officer after considering a report written by a case officer assigned the planning application. The report will take account of all comments received and consider the key planning issues involved. Approximately 90% of applications are decided in this way.
Applications in certain categories may be determined under delegated powers, but where the qualified professional planning officer is minded to make a decision that is contrary to a written comment received from a local resident, a town or parish council or any other outside body or organisation that has been consulted, the Chair and Vice Chair of the Development Control Committee must determine whether the application should be decided by the Council's Development Control Committee or under delegated powers.

3.19 Development Control Committee. The Agenda for the Development Control Committee will be available to view on the Council's website 5 working days prior to the Committee being held. The minutes to previous meetings are also available to view on-line. Additional information may be presented up to and including the date of the meeting from the residents, consultees and the applicant which will be reported on the Committee Addendum distributed at the meeting. The recommendation may therefore be subject to change at the Development Control Committee meeting and that new information may be presented to members.

3.20 Members of the public are invited to speak publicly at the Development Control Committee either to oppose or support an application. There are, however, some restrictions on this:

Public speakers are limited to one person speaking against an application and one person speaking in favour of the application and are accepted on a first come first serve basis;
Speakers must register with the Democratic Services Section no later than noon on the day before the Development Control Committee;
Each speaker is allowed to speak for a maximum of 3 minutes;
It is advised that if there are a large number of objectors, that a spokesperson is nominated to speak on everyone's behalf; and
Parish or Town councillors can speak on behalf of their respective Parish or Town Council for 3 minutes;
Elected Members of the Council can speak on behalf of the community for 5 minutes.
In exceptional circumstances the Chair of the Development Control Committee may allow for additional speakers to be heard and further time to be given to speakers in the interests of fairness.

3.21 The Chairman of Planning Committee invites statements and comments from members of the public at the appropriate time. The committee members then discuss the planning application, during which time no further comments are allowed from the public.

3.22 After a Decision is Made. Those that comment on a planning application can follow the progress of the application and the decision the Council made by registering an interest in the application on Public Access. They will then receive e-mail notification up-dates about the application, such as any new plans submitted, if the application will be taken to the Development Control Committee and the final decision made. Interest can be registered at Chorley Council planning online Alternatively an individual can contact the Council's Customer Services (Tel: 01257 515151) for a planning decision, or call into the Council's Union Street Office where a Customer Services Advisor will be able to assist.

Planning Appeals

3.23 An applicant can normally make an appeal to the Planning Inspectorate, a central government agency, against the Council's decision where the Council:

Refuse planning permission
Impose conditions on a permission which the applicant believes are unreasonable
Fail to make a decision on the application within 8 or 13 weeks depending on the type of application (unless there has been an agreed extension of time between the applicant, or their agent, and the Council).
Or can appeal against an Enforcement Notice issued by the Council where there has been a breach of Planning Control.

3.24 When an appeal against refusal of planning permission is lodged, the Council notifies those neighbours consulted during the original planning application process and any persons who had made representations on the original planning application.

3.25 Appeals are heard by a Planning Inspector, by written representations, an informal hearing, or in a more formal planning inquiry. The Inspector will consider written representations from the community, and in hearings/inquiries usually provides for members of the community to verbally state their case. Information on appeals can be found on the Planning Inspectorate website

Prior Approval

3.26 Prior approval means that a developer has to seek approval from the local planning authority that specified elements of the development are acceptable before work can proceed. Prior approval is required for some change of use permitted development rights. Certain other types of permitted development, including the erection of new agricultural buildings, demolition and the installation of telecommunications equipment also require prior approval.

3.27 The neighbour consultation scheme is a form of prior approval which only applies to larger extensions built under the increase permitted development rights that are in place between 30 May 2013 and 30 May 2019 for householder single storey rear extensions. A householder wishing to build a larger extension will notify the Council, who will then consult the adjoining neighbours in relation to the potential impact on amenity. If they raise any objections, the Council will make a decision on whether the impact on the amenity of adjoining properties is acceptable and hence whether the work can proceed.

Permission in Principle

3.28 Permission in Principle (PIP) consent is an alternative route for obtaining planning permission for housing-led development. PIP comprises an application for permission in principle followed by an application for 'technical details consent'. Granting technical details consent has the effect of granting planning permission.

3.29 The Council can grant permission in principle to a site upon receipt of a valid application or by entering a site in Part 2 of its brownfield land register1 which will trigger a grant of permission in principle for that land providing that the statutory requirements set out in Town and Country Planning (Permission in Principle) Order 2017 (as amended) and the Town and Country Planning (Brownfield Land Register) Regulations 2017 are met. Proposals to grant permission in principle will be subject to consultation in line with the Regulations.

Complaints Procedure

3.30 If you are dissatisfied with the way in which a planning application or other development control matter has been handled, you may complain to the Council. We will investigate any complaint made. For more information about this go to our complaints page. If you remain dissatisfied, you may complain to the local government ombudsman who will undertake an independent investigation.