What happens after a planning application is received
Validating an application
Since 2008 local planning authorities have to publish a list of information they require to 'validate' any planning applications they receive. This allows us to decide whether we have all the correct and adequate information to enable us to make a decision.
The validation process is split into two components; the national requirements which include the planning application form, the correct fee and certificated. The second requirements, local validation has requirements known as the 'local list'.
In 2014 we updated our validation document to reflect policy and legislative changes:
- validation document [PDF]
The council is now proposing to update its current validation document in line with Government requirements:
The main changes comprise:
- Insertion of reference to the Planning Practice Guidance which was launched by the Government in March 2014
- reference to the Council’s charging schedule for its pre-application service
- reference to the compulsory requirement for pre-application engagement for certain on-shore wind turbine development
- changes to procedures to reflect the increase in planning applications submitted electronically
- reference to the new requirements relating to flood risk assessments, including sustainable drainage systems (SUDs)
- deletion of the section requiring the submission of separate sustainability appraisals and its replacement with relevant wording within the supporting planning statement
- amendments to all relevant sections to make reference to current legislation, guidance and advice.
The proposed Validation Guidance is open to public consultation for 21 days from 20 January until 10 February 2016. Should you wish to make comments you may submit them in two ways:
Nottinghamshire County Council
Development Management Team
1st Floor, County Hall
Comments should be submitted to the County Council by 5pm on 10 February 2016 at the latest.
After this consultation period, the County Council will consider all the comments received and amend the Validation Guidance as appropriate. The final Guidance Note on the Validation of Planning Applications will then be taken to the County Council’s Planning and Licensing Committee for approval. Once approved this will replace the Validation Guidance and will form the basis on which applications are deemed valid by the County Council.
How decisions are made
Approximately 85% of decisions on planning applications at Nottinghamshire County Council are made by planning officers under powers delegated to the Corporate Director for Place.
Planning officers are authorised to determine all planning applications apart from the following, which are exempt:
- applications involving a site area greater than 25 hectares or extraction/input in excess of 30,000 tonnes per annum or new development with a floor space in excess of 10,000 square metres
- applications involving a departure from the Development Plan and which meet the criteria for applications being referred to the Secretary of State before granting planning permission, plus development in a Flood Risk Area to which the County Council, as Lead Local Flood Authority, has made an objection. Departure applications which do not meet the criteria for referral to the Secretary of State will only be determined under delegated powers with the prior agreement of the Local Member
- applications accompanied by an Environmental Impact Assessment
- applications which have S106 agreements/Planning obligations and those which have other financial implications for the County Council
- applications which have received valid planning objections, in writing, from the District/Borough or Parish Council or local Member within the statutory consultation period or within an extended period as agreed by the County Council, or where the local Member has requested that the application be referred to Planning and Licensing Committee for determination
- applications which have been referred to Committee by a local Member
- applications which are recommended for refusal unless the refusal is on the grounds of insufficient information
- applications which have received significant* objections, within the statutory consultation period or other such period as agreed with the County Council, from consultees or neighbouring occupiers (* for clarification, ‘significant’ objections requiring referral must i) raise material planning considerations, ii) be irresolvable by amendment to the scheme or imposition of planning conditions, iii) involve more than three objections from separate properties)
- applications which are submitted by Place Department (or any subsequent Department following any future restructuring where the applicant is in the same Department as the Development Management Team) where these are the subject of any objections
- applications which raise issues of regional or national importance or relate to proposals involving emerging technologies
- applications involving the determination of new conditions for mineral sites and those involving the making and serving of orders for revocation, etc where compensation is likely to become payable.
Applications which are exempt for the above reasons are reported to the Planning and Licensing Committee for a decision. Committee meetings are held every month and are open for the public to attend.