Publicity for Applications

Publicity for Planning Applications and Neighbour Notification Code of Practice

Introduction

This Code of Practice note sets out the way in which the Council notifies neighbours and other parties of planning applications. It also explains how the public can comment on applications and the way in which these are considered.

Background Information

The statutory requirement for the Council to consult on the planning and other similar applications it receives is set out in Article 8 of the Town and Country Planning (General Development Procedure) Order 1995 and legislation covering such things as Conservation Areas, Listed Buildings and Environmental Impact Assessments. This requires that all planning applications should have some form of publicity. Presently, the Regulations require that all planning applications should be publicised by the Council either by the display of a site notice, or by notifying adjoining neighbours. In addition, certain applications will require an advert in a local newspaper.

Circular 15/92, entitled “Publicity for Planning Applications” advises on how local planning authorities should fulfil the statutory requirement to publicise planning applications. Good practice procedures are outlined, and local planning authorities are encouraged to consider doing more than the legal minimum to ensure that people find out about new planning applications.

The Council’s Planning Service recognises the benefit of consulting adjoining neighbours on planning applications, rather than relying solely on site notices, and as a matter of course does this for all planning applications, in addition to other forms of publicity in certain cases. Research in this area has demonstrated that direct notification of adjoining neighbours is the most effective way to inform them of proposals.

Our Code of Practice

In terms of publicising planning applications, in every case, where practical we will:

Consult by letter every owner or occupier with a boundary adjoining an application site (where there is an identifiable postal address), giving them 21 days to comment on the application.
In those instances where we are unable to identify a neighbouring property/land owner, we will display a site notice in at least one place on or near the land to which the application relates for not less than 21 days.

In addition, where statutorily required we will display a site notice in at least one place on or near the land to which the application relates for not less than 21 days, and publicise the application in a local newspaper, notifying the public that they have 21 days in which to make comments.

The Council’s Planning Service seeks to identify all adjoining neighbours of application sites by:

Reference to an up-to-date Ordnance Survey plan of the application site and surrounding area when the application is being checked for validity
Officer site visits during the course of processing the application

In addition, either at validation stage, or during the processing of an application, Officers will notify additional neighbours who do not necessarily adjoin an application site where it is considered appropriate to do so. For instance, where an extension is proposed to the front of a dwelling, it may be considered appropriate to notify neighbouring residents on the other side of the street. Each case is assessed on its own merits and decisions about who to notify beyond those required to be statutorily notified remains a matter of discretion for individual officers.

Notwithstanding the formal notification of neighbours, it should be noted that anyone interested in an application proposal is able to write to the Council with their views. You do not need to be notified to have your say, but it is always helpful to ensure when you write or email that the application reference number and/or property address is quoted. This may be obtained by searching the Council’s website where applications are displayed (http://planning.scarborough.gov.uk/publicaccess) or where applicable, from a site notice or press notice.

On occasion, the Council may consider it helpful to give major proposals further publicity and this may take the form of press releases and/or public exhibitions.

Dealing with Consultation Responses

We are committed to and recognise the benefits of good communication with everyone who is interested in an application. Therefore, anyone writing to the Council with a representation on a planning application will:

Receive an acknowledgement within 5 working days
Have their representation considered as part of the planning process
Have their representation posted on the Council’s website which can be viewed under the application reference on Public Access (http://planning.scarborough.gov.uk/publicaccess)
Following a planning decision receive notification of the Council’s decision in writing
Be able to view planning decisions posted on the Council’s website. The decision notice can be viewed which will set out any conditions imposed on a planning permission, or state the reasons for refusal where planning permission is not granted. The decision notice can be viewed under the application reference on Public Access (http://planning.scarborough.gov.uk/publicaccess)

There are other ways in which the Council seeks to encourage greater community consultation in development proposals, as follows:

Pre-Application Community Engagement Protocol

In advance of the submission of an application, particularly for larger proposals, the Council encourages landowners/developers to carry out pre-application consultations with neighbours and the wider community. This is not mandatory, but is considered best practice and something that is set out in the Council’s adopted Statement of Community Involvement (2007) which forms part of the Local Development Framework. This document can be viewed online at www.scarborough.gov.uk

The level of community engagement will vary for different types of development, ranging from talking to neighbours about a house extension to consulting the wider community where, for example, a housing development or retail store is proposed. Officers will advise landowners/developers on the matter although the decision to carry out pre-application consultations is ultimately one for the landowner/developer.

Pre-Application Presentations to Members

In certain instances, prior to applications being submitted, developers will give formal presentations of schemes to Councillors. These provide an opportunity for landowners/developers to explain how a scheme has evolved and how community engagement has helped shape a proposal and also allows Councillors to ask questions about the scheme. Members of the public can attend these presentations to listen to what is said. Whilst public questions cannot be raised during presentations, any queries can be sent to the developer.

General Advice

To try and ensure the planning process runs as smoothly as possible our Planning Officers are available to discuss issues prior to a planning application being submitted or at any point during the application’s processing. If you receive a letter of notification of an application the contact details of the Officer dealing with the matter will be included. If you do not have these details to hand please contact us, either by phone, e-mail or in writing using the contact details below.