Statement of Community Involvement - August 2023
What is Development Management?
4.1 Development Management is the stage at which decisions are made on proposals for the use and development of land and buildings. It is an enabling process involving a positive, problem-solving approach taken by the council to shape and decide proposals for new development. The Development Management Service is responsible for determining the planning applications we receive.
4.2 Decisions on planning applications must be made in accordance with the development plan, including made Neighbourhood Plans (where these exist), unless other material considerations indicate otherwise. The NPPF is a material consideration in planning decisions. Where the development plan is silent, or its policies are out of date, the NPPF states that planning permission should be granted unless the development conflicts with the policies within the framework or adverse impacts significantly and demonstrably outweigh the benefits when assessed against the policies within the framework.
Consulting on planning applications
4.3 The council undertakes consultation with statutory and other consultees on the majority of planning applications that are received. Statutory consultees are under a duty to provide a 'substantive response'[4] and include, for example, West Sussex County Council, Historic England, Natural England and National Highways (see para 3.4 for further details). Pre-application consultation may also be undertaken by developers.
Developer-led pre-application consultation
4.4 This applies to consultation undertaken by a developer before a planning application is submitted, usually for major schemes. It can be helpful in identifying potential problems or improvements that could be made to proposals at an early stage. This can benefit local communities by enabling their input into the design of proposals to help ensure development is acceptable and can also assist developers by reducing the scope for objections at a later stage.
4.5 The Development Management Service strongly recommends that developers undertake pre-application consultation with local residents and other consultees, in addition to that undertaken with the council, prior to submitting any planning application for significant development. Developers undertaking pre-application consultation are asked to address the commitments identified in this document (para 3.1). In particular, we would ask developers undertaking pre-application consultation to:
- Set clear objectives and agree the consultation approach with Development Management, including who will be consulted;
- Let people know what the application is proposing and be clear about what they can influence by making comments;
- Use a range of engagement methods to maximise opportunities for people to influence the proposals. Particular steps should be taken to involve any seldom heard groups that could be affected by a proposal;
- Submit a statement alongside the final planning application outlining the community involvement work that has been undertaken. This should include a summary of any responses received at consultation and should explain how feedback has influenced the proposals.
Application publicity
4.6 When a planning application is registered there is a statutory period of 21 days during which anyone can comment on the proposal. It is the council's responsibility to publicise planning applications in accordance with legislative requirements. Our approach to notification of planning applications will be to:
- Publish details of planning applications online. You can view details of planning applications at the council's website at http://www.chichester.gov.uk/viewplanningapplications. This can be used to see which planning applications have been registered and to access plans and supporting information relating to both current applications and historic planning decisions. Applications can be searched by address or by an individual planning reference.
- Undertake appropriate notification. This will vary according to the type of application and so we will undertake notification as considered necessary and proportionate. This could involve writing to individual neighbours, displaying a site notice, and/or a press advertisement.
- Parish and town councils and the city council are consulted on all planning applications in their parish or city as statutory consultees.
Commenting on a planning application
4.7 If you would like to comment on a planning application, your comments must be submitted to the council in writing and should be within the 21 day consultation period, although representations received after this will be taken into account up until the point that a decision is made. You will need to provide details of your name and address, which will appear with your comments on the council's website. If you wish for your comments to be anonymous, you should be aware that they will be given reduced weight as their relevance to the planning decision may be unclear or unknown. Otherwise, provided your comments relate to planning matters, they will be taken into account by the council in determining the application.
4.8 The easiest way to comment on a planning application is to search for it at the council's website at http://www.chichester.gov.uk/viewplanningapplications. You can search for an application by address or by its planning reference number and submit your comments online. You can also view any comments that other people have submitted in this way. You can also write to the Director of Planning and the Environment, or email us at dcplanning@chichester.gov.uk.
4.9 The comments we receive in response to planning applications are a matter of public record. This means that we cannot treat comments as confidential, and they will be made available to view on the council's website alongside the name and address of the person making the comment. We will not publish telephone numbers, private email addresses or signatures. We reserve the right not to publish any comments or parts of comments that are not considered suitable for public view, including comments that are offensive, personal or defamatory.
What can I comment on?
4.10 If you comment on a planning application it is important that your comments relate to planning matters, as it is only these matters that can be taken into account by the council when making a decision. Some of the issues that are considered to be planning matters include:
- external appearance and design
- impact on the street scene or character of the local area
- issues of noise, privacy, disturbance and amenity
- loss of trees or impact on conservation issues
- drainage
- highway safety, traffic and parking issues
- loss of light or overshadowing.
This list is not exhaustive. There may be other relevant issues that you wish to comment on.
4.11 Some issues are not normally regarded as planning matters and are not usually taken account of when reaching a planning decision. These include:
- loss of private view
- property value
- other private property matters such as boundary and ownership disputes, or private rights of way
- moral issues or applicant's motives
- possible future uses outside the scope of the application
- matters covered by other legislation, such as building regulations, licensing or restrictive covenants
- personal matters relating to the identity of the applicant
Making a decision
4.12 There are two main ways in which the council will reach a decision on a planning application. These are by designated senior officers of the council (a delegated decision), or by the Planning Committee, or exceptionally by the Council.
Delegated decisions
4.13 Once the consultation period has been completed, the planning case officer will take into account all material considerations, including relevant local planning policies and national planning guidance. The reasoning behind the case officer's recommendation will be set out in a short report. A decision will then be made in accordance with the council's Scheme of Delegation by authorised senior officers on behalf of the Director of Planning and the Environment.
Planning Committee (Development Management)
4.14 In some cases, a decision cannot be made under delegated powers and must instead be decided by Councillors at a Planning Committee. The main reasons for referral of a planning application to a Planning Committee are where:
- The officer recommendation is contrary to an objection made by a statutory consultee or the relevant parish council (other than for certain minor types of application).
- A District Councillor requests that the application be determined by the Committee.
- The decision would significantly conflict with the council's planning policy.
- The applicant is a Councillor or council employee.
4.15 Please note this is a simplified list – the full text is available in the council's Constitution on our website at: https://chichester.moderngov.co.uk/ieListMeetings.aspx?CId=280&info=1&MD=TheConstitution.
4.16 Anyone can speak at Planning Committee meetings, provided that they have registered that they or a person acting on their behalf want to do so by no later than 12 noon on the day before the meeting.
4.17 You can register by contacting the Democratic Services Team at East Pallant House, Chichester on 01243 534684 or 01243 534674 or by email at democraticservices@chichester.gov.uk.
4.18 Further information on public speaking at Planning Committee meetings can be found on our website at: https://chichester.moderngov.co.uk/mgCommitteeDetails.aspx?ID=134.
4.19 The council publishes a list of Committee dates and those applications to be considered by the next relevant Committee on the council's website.
Appeals
4.20 In circumstances where a planning application is refused, or a decision is not made within specified time limits, the applicant may choose to appeal. Where this happens, an independent planning inspector or the Secretary of State will make a final decision on the application, and there may be a further opportunity for public involvement in the process.
How can I find out about planning decisions?
4.21 Once a decision has been made, a decision notice is sent to the applicant and/or agent to inform them of the decision. All planning decisions are published on a public register, which is available to view online at http://www.chichester.gov.uk/viewplanningapplications.
4.22 If there is a planning application-related issue that you would like to discuss, you can contact the Development Management Service on 01243 785166 or by email at dcplanningshared@chichester.gov.uk.
[4] As defined by Article 22 of the Town and Country Planning (Development Management Procedure) (England) Order 2015