News

Rufford Energy Recovery Facility Public Inquiry April 2010

A date has now been set for the reconvening of the public inquiry which is scheduled to be held over four consective weeks from Tuesday to Friday each week commencing on the 13 April 2010 and scheduled to finish on Tuesday 11 May 2010. For further details and access to information regarding the Public Inquiry see the Rufford Energy Recovery Facility Public Inquiry

What is Development Control?

Development Control is about determining planning applications, ensuring compliance with planning decisions and dealing with planning appeals that arise. The County Council deals with planning applications for minerals and waste developments which include:

• quarries
• open-cast and underground mining
• oil and gas wells
• landfill sites
• waste recycling centres
• sewerage treatment works.

The County Council also has responsibility for determining applications for its own developments including schools, libraries, roads etc.  All other types of planning applications, such as for housing, industrial and commercial developments, are dealt with by the relevant district council or Nottingham City Council.

Pre-application advice

In most cases planning permission is required to carry out development and we would encourage you to discuss your proposals with us before you submit your application.  You will be advised about which forms need to be completed, the sort of issues that you will need to address in your application and whether your application is likely to be acceptable in planning terms.

The starting point for all applications is that they should be in accordance with the approved statutory development plan (which currently comprises the East Midlands Regional Plan (published March 2009), the Minerals and Waste Local Plans (to be replaced with Minerals and Waste Development Frameworks) and the district council’s Local Plans). Applications also need to comply with any other relevant planning guidance and policies. However, in exceptional circumstances “material considerations” can, depending on the circumstances, justify granting planning permission as a departure from the Development Plan.

For more information about the East Midlands Regional Plan or the Local Development Framework please check the relevant pages on this website.

Some minor works are deemed to be what is known as “permitted development” and therefore do not require a planning application to be made – please check with us if you think the works you are proposing may fall into this category.

Who makes the decision?

At the County Council the majority (approximately 85%) of decisions on planning applications are made by planning officers under powers delegated to the Corporate Director (Communities). Planning officers are authorised to determine all applications with the following exceptions:

• development involving a site area greater than 15 hectares or extraction/ input  of in excess of 30,000 tonnes per annum or new development with a floor space in excess of 10,000sqm
• those involving a departure from the Development Plan
• those accompanied by an Environmental Impact Assessment
• those which have financial implications for the County, such as those which have an accompanying Planning obligation/ S106 agreement
• those which have received objections from the District or Parish Council or local member
• those which have been referred to committee by a local member
• those which are recommended for refusal
• those which have received significant objections from consultees
• those which are submitted by the Communities Department
• those which raise issues of regional or national importance
• those involving the determination of new conditions for minerals sites and
• those involving the making and serving of orders for revocation, etc where compensation is likely to become payable

All the above applications are reported to the Planning and Licensing Committee for a decision.  This Committee meets monthly at County Hall and these meeting are open for the public to attend.  For information on public speaking at these meeting please refer to the relevant page on the website.

Greater Flexibility for Planning Permissions

In October 2009 three new measures were introduced to enable a more flexible approach to existing planning permissions. These are as follows;

• Extensions to the time limits for implementing planning permissions,
• Non-material amendments to existing planning permissions and
• Minor material amendments to existing planning permissions.

The details of each of these application types are set out below.

Extensions to the time limits for implementing planning permissions

• This provision applies to all permissions, including outline permissions, granted on or before 1^st October 2009 where development has not commenced.
• It will only be possible to extend the permission once.
• The application must be made on the relevant standard application form, which is available on this website and on the Planning Portal website. For copyright reasons it is likely that these applications will be made by the original applicant or someone authorised by them.
• Design and access statements are not required for these applications.
• The fee depends on the size of the proposed development, £500 for major development and £170 for all other development.
• This is considered to be a new application for development consent under the 1999 EIA Regulations and therefore relevant documents must be submitted. Where it is necessary to update environmental information this can normally be done by means of a supplementary Environmental Statement.
• A new decision notice will be issued, with a new time limit (usually 3 years). Conditions attached to the new permission may be different from those attached to the original permission, for example to make the scheme acceptable in the light of any new policies or if some pre-commencement conditions have been discharged.
• Appeals against a decision to refuse must be made within 6 months.

Non-material amendments to existing planning permissions

• Applicant must have an interest in the land to apply, for instance be a freeholder, a holder of a lease of over seven years. Applicants must serve notice on any other known owners (giving 14 days to respond).
• This provision enables non-material amendments to be made to an existing planning permission. Whether or not an amendment is non-material will depend on the specific circumstances, such as changing a finish or moving a door or window (where this does not give rise to overlooking). Discretion rests with this Council as to whether the proposed amendment would take it outside the scope of the original permission. If you are unsure, you may wish to seek pre-application advice.
• The application must be made on the relevant standard application form, which is available on this and the Planning Portal website. More than one amendment can be made on a single form.
• Design and access statements are not required for these applications.
• The fee for one or more amendment is £170.
• As by definition the changes sought will be non material, we do not anticipate effects which would need to be addressed under the 1999 EIA Regulations.
• Statutory consultation and publicity will not be undertaken; however we may inform other parties of the proposed amendments as appropriate.
• The “decision” will consist of a letter which will describe the non-material amendments. This letter should be read in conjunction with the original decision notice, which still stands. As part of this process new conditions may be imposed or existing conditions removed or amended.
• The time period for determination is 28 days or a longer period if agreed in writing. After this time there is a right of appeal against non-determination.
• If the proposed non-material amendments are refused there is a right of appeal which must be made within 6 months.

Minor material amendments to existing planning permissions

• This is not a new provision, but a streamlining of the existing process that enables minor material amendments to be made under Section 73, that is to develop land without compliance with conditions previously attached to a planning permission. This process can only be used if there is a suitable condition that can be modified, e.g. one which lists the approved plans.
• An accepted definition of a ‘minor material amendment’ is one whose scale and nature results in a development which is not substantially different from the one which has been approved. Whether an amendment is minor material will again be at our discretion. Pre-application advice should be sought if you are in any doubt.
• The application must be made on the standard application form entitled “Application for removal or variation of a condition following the grant of planning permission”. These forms may be found on this and the Planning Portal websites. Again, for copyright reasons it is likely that these applications will be made by the original applicant or someone authorised by them.
• Design and Access statements are currently required for these applications, although there is a proposal to remove this requirement.
• The fee for these applications is £170.
• This is considered to be a new application for development consent under the 1999 EIA Regulations. Where an EIA was carried out on the original application, changes to the Environmental Statement may not be necessary.
• Discretion rests with the Council to decide who will be consulted on these applications (except on EIA schemes where there is no discretion). Consultations are likely to focus on those who had a particular interest in the proposal or raised concerns at the time of the original application.
• A new decision notice will be issued, listing all conditions or, where relevant, the reasons for refusal. The time limit will be consistent with the original permission.
• If the proposed minor material amendments are unacceptable and are refused an appeal may be made within 6 months of the decision.

For further information and advice about development control in Nottinghamshire please contact us.

This page was updated March 2008.