Advice and Guidance

What is Development Control?
The meaning of development
The legislation
What happens to an application?
Planning considerations
The development plan
Who makes the decision?
Types of decision
How to Appeal





What is Development Control?

Great Yarmouth Borough Council has a duty, as set by legislation, to carry out Development Control within the Borough.It involves the consideration and determination of:

• planning applications (to carry out development or a material change of use)

• advertisement applications

• listed building applications

• local authority applications

• conservation area applications

• tree preservation order applications

(The exception is in respect of mineral extraction, waste disposal and County Council developments for which

www.norfolk.gov.uk

has a statutory duty in respect of Development Control functions). It also involves defending the Borough Council's decisions at appeals and enforcing breaches of the legislation (enforcement is however discretionary).

The following is the legislative framework which controls the way the Borough Council regulates changes to the physical environment, processes and determines applications and controls unauthorised developments. It is complex and demanding and it imposes a significant responsibility on all those involved. Decisions taken affect the quality of life and have a high public profile.

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The Meaning of Development

Section 55 of the Town and Country Planning Act 1990 defines the meaning of development for which planning permission is required as being:

"the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land."

There are stated exceptions to this and further Regulations and Orders by Central Government allow certain developments to be carried out without the need for planning permission. These include The Town and Country Planning (Use Classes) Order 1987 and The Town and Country Planning (General Permitted Development) Order 1995.

Contact officers of the Borough Council or complete a  Householder Permitted Development enquiry (2044Kb) form to find out if you require planning permission.

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The Legislation

The Town and Country Planning Act 1990 is the principal legislation which sets out how the statutory functions of planning authorities are to be performed. These include:

• development plans

• control over development

• enforcement

• compensation - revocation, discontinuance, purchase notices

• special controls in respect of adverts, trees and highways (diversions, stopping up)

The Planning (Listed Buildings and Conservation Areas) Act 1990 is legislation related to Listed Buildings and Conservation Areas. It provides a self-contained code for the protection of architectural heritage. Great Yarmouth has 17 Conservation Areas and around 403 Listed Buildings.

The Planning and Compensation Act 1990 introduced new enforcement powers by amendment to the 1990 Act. Enforcement powers are wide ranging but the fact that a development is unauthorised is not a reason in itself for action being taken. It must be expedient to take action and if planning permission would normally be granted for the development then action would not normally be taken.

There are a number of options in taking action, these include issuing:

• a planning contravention notice

• a breach of condition notice

• an enforcement notice

• seeking an injunction

• or prosecuting for non compliance with one of the above notices

(The carrying out of unauthorised development is not in itself an offence which can be the subject of prosecution.)

The Planning and Compulsory Purchase Act 2004 received Royal Assent on 13th May 2004.
It is a key element of the Government's agenda for the speeding up of the planning system. Various parts of the Act will come into operation at different times over the next few years.

Contact officers at the Planning Department of the Borough Council for more details.


Other legislation includes:

The Town and Country Planning (Use Classes) Order 1987.
This classifies planning uses into groups to determine whether planning permission is required. Planning permission is not normally required to change from one use to another use in the same class. Such changes are not considered to constitute a material change of use.


The Town and Country Planning (General Permitted Development) Order 1995 classifies the types of development which can be carried out without planning permission. This is known as ‘permitted development.’ There are 33 different classes ranging from house extensions to industrial and agricultural developments. If you are proposing an extension to your house we need to know the following before we can confirm whether planning permission is required:

• volume of extension

• whether located in Conservation Area or is a Listed Building

• whether any previous extensions have been built

• height of extension

• distance from boundary

• location in relation to any highway

• any conditions on the original planning permission for the house removing permitted development rights

Find out whether you need to apply for planning permission.

The Borough Council operates a Preliminary Enquiry procedure for house extensions and forms can be obtained from this web site (click here for a  Householder Permitted Development enquiry (2044Kb) form or by contacting us.

The Town and Country Planning (General Development Procedure) Order, 1995 sets out the procedures for submitting planning applications, lodging appeals, consultations to be carried out, etc. and includes a wide range of statutory and non statutory consultees, now over 40, including the County Council as Highway Authority, the Environment Agency, English Heritage, etc.

The Town and Country Planning (Control of Advertisements) Regulations 1992 set out the procedures for advertisement control.

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What Happens to an Application and What is Considered

The processing of a planning application will involve the following stages:

• a check is carried out to ensure forms are properly completed, plans are included, the owner and/or leaseholder of the property (if not the applicant) is notified, and the correct fee has been paid

• advertisements are placed in newspapers or notices are put up in appropriate places, if necessary

• consultations are carried out. In general these: (i) clear technical aspects with public bodies and service suppliers; (ii) inform people who might be affected by the application such as neighbours

• any one has the right to ask the Borough Council for more information and to raise objections to a proposal

• a Planning Officer will visit the site and will contact the applicant (or agent if there is one) if more information is required or if amendments are required

• further consultations may be carried out if significant changes to a proposal are made

• the application will then be determined by the Planning and Development Control Committee of the Borough Council or by the the Borough Development Officer under delegated powers, taking into account all relevant factors (see Planning considerations below). If an application is reported to the Committee anyone may attend the meeting to hear what is discussed, and in certain cases where a request has been made, the applicant and other interested parties will be allowed to address the committee.

a formal decision notice is sent to the applicant (or their agent) and all those who wrote in respect of the application will be informed of the decision shortly after it is made.

This is in accordance with government policies to speed up planning decisions, of which around 85% of applications are determined without reference to the Development Control Committee and where the decision is in accordance with Council Policy.

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Planning considerations taken into account in determining applications

We determine applications in accordance with the following criteria and guidance and the above legislative constraints.

Each application has to be considered on its own individual merits. However, Section 54A of the Town and Country Planning Act,1990 states:

"Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise."

Therefore, where the development plan has policies which affect the proposal they will dictate the decision unless there are other material considerations which should take precedence. Other material considerations would need to be both so significant and unique to the proposal to prevent the decision being used as a precedent for subsequent applications elsewhere.

Material considerations include:

• how does the development fit in with its surroundings?

• design & appearance

• scale

• materials

• access

• traffic generation

• use/activity to be carried out

• nuisance, e.g. noise

• contribution to any significant local, national or international objective

• previous appeal decisions

• compliance with Central Government's Planning Policy Guidance notes (PPG's and RPG's) or Planning Policy Statements (PPS's)

• Central Government's planning Circulars e.g. affordable housing ; planning gain; the historic environment.(Click here to view circulars issued by the Office of the Deputy Prime Minister - Statements of National Planning Policy)

Issues which are not considered to be relevant to a planning decision include the following:

• moral issues

• other legislation

• effect of competition on individuals

• personal circumstances of the applicant

• private rights and covenants

• protection of a view

• property values/financial loss

• local opposition not in itself a reason to refuse permission

• boundary disputes/ownership matters

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The Development Plan

The Development Plan forms the policy framework for planning and development control at the local level and ensures consistency with national and regional policy.

At present the relevant plan in Great Yarmouth is the Borough-Wide Local Plan adopted in February 2001.
This will be replaced in the next few years by the Local Development Framework (LDF) which will be in accordance with the Regional Planning Policies (RPP) which is prepared by the East of England Regional Authority (EERA).

East of England Plan (Regional Spatial Strategy)

The East of England Regional Assembly has prepared an ‘East of England Plan’ or ‘Regional Spatial Strategy’ (RSS) which sets out the regional strategy to guide planning and development in the East of England to the year 2021. It covers economic development, housing, the environment, transport, waste management, culture, sport and recreation, mineral extraction and more. It also seeks to address issues such as social exclusion, the need for regeneration and the impact of climate change.

The draft East of England Plan will be subject to an Examination in Public which begins on 1 November 2005. The RSS will update existing Regional Planning Guidance: RPG6 (East Anglia) and RPG9 (South East) where they cover the East of England to guide planning and transport policy up to 2021. For more information, visit www.eera.gov.uk . It is anticipated that the final RSS will be published in late 2006.

For more information about Regional Planning visit the DCLG website .

National Planning Policy Guidance Notes & Planning Policy Statements

Central Government’s Planning Policy Guidance notes (PPGs) and Planning Policy Statements (PPSs) are the national planning policy advice. These can be found at:
Planning Policy Guidance notes (PPGs)

Planning Policy Statements (PPSs)

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Who Makes the Decision and What Type

We operate a delegation system which means only around 10% of applications need to be reported to a Committee, but we still ensure that democratic and locally accountable decisions are taken. The delegation system operates in the following way:

On every application the Ward Member(s) for the area are consulted and the Borough Planning and Development Officer is authorised to determine all applications except:

where a Ward Member requests that an application goes to a committee

• Great Yarmouth Borough Council applications

• significant Norfolk County Council applications

• consultations on applications submitted to adjoining local authorities (except where a response is required prior to the next meeting of the Development Control Committee)

• applications which involve any Member or Officer of the Borough Council as applicant or agent, or where a Ward Member declares an interest

• having developments in excess of 25 units

• major significant industrial or retail developments

The Development Control Committee:

• has delegated powers from the Council

• meets 12 times per year

• determines applications except where delegated to the Borough Planning and Development Officer

• confirms Tree Preservation Orders (where objections are received)

• receives details of appeal decisions

• receives details of applications decided under delegated powers and Enforcement Notices

The Borough Planning and Development Officer is authorised to instigate enforcement action.

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Types of decision

In determining applications the Borough Council can:

• grant permission

• grant permission subject to conditions.
  These have to be:

  • necessary to control the development

  • relevant to planning

  • relevant to the development permitted

  • enforceable

  • precise

  • reasonable in all other respects
    
    the reason for granting permission also has to be stated

• refuse permission e.g. where the proposal results in overdevelopment of a site

  • an unreasonable loss of light or privacy

  • a danger to highway users

  • harm to the character of an area

  • development contrary to the Development Plan
    poor design

• reasons for refusal need to:

  • relate to planning issues

  • be sound and clear cut

  • be reasonable

Decisions can also require planning agreements/obligations (under Section 106 of the Act) to be entered into. These have to be relevant to the planning merits of the proposal.

In some cases applications have to be referred to the Government Office before a decision can be made (e.g. where the proposed decision would involve a significant departure from the Development Plan):

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How to Appeal

Appeals against decisions made by the Borough Council

Decisions made by the Borough Council can be appealed against by the applicant if he or she considers the refusal of permission or conditions imposed are unreasonable or if a determination has not been made within a statutory 8 week time period (set by Government) and 13 weeks for major applications. The issuing of an enforcement notice can also be appealed against.

A Planning Appeal or Enforcement Appeal is made to the Planning Inspectorate and can take the form of:

• written representation

• public inquiry

• informal hearing

Note: Appeals have to be lodged within 6 months of a refusal of planning permission.

The Planning Portal provides guidance on the appeals procedure and the facility for making online appeals for both the general public and professionals which can be accessed by using the link below:

Planning Portal Appeals

The Planning Portal also has a case search facility which can be accessed using the link below:

Appeal case search

Appeal forms can be obtained from:

The Planning Inspectorate
Registry/Scanning
Room 3/05 Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Telephone: 0117 372 6372
Fax: 0117 372 8782

Email: enquiries@planning-inspectorate.gsi.gov.uk

Or visit their web site at http://www.planning-inspectorate.gov.uk/

Costs can be awarded against either party if they are deemed to have acted unreasonably when the appeal is heard at a Public Inquiry or Informal Hearing.

The Borough Council is not responsible for the contents or reliability of the linked web sites and does not necessarily endorse the views expressed within them. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.

For further information please contact us.

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