Decision making

Herefordshire Council receives one of the highest numbers of applications in the country. Central Government encourages Councils to delegate decision making to officers and as a result around 90% of applications are determined by the Divisional Planning Officers. The remaining 10% are considered by one of the three Area Planning Sub-Committees which cover the same geographical areas as the three planning divisions. Each Committee meets on a monthly basis and an agenda is available at least three working days before the meeting. The Head of Planning Services can also refer applications from the Area Sub-Committee to the main Planning Committee where Members are making a decision against an officer’s recommendation and a crucial policy issue is involved or where officers consider the Council would not be able to defend the decision on appeal. In practice very few applications are referred to the Planning Committee for a decision.

Planning applications are allocated to a case officer who will visit the site and assess the proposal against development plan policies. They will also take into account any comments received from consultees who may be specialist in their field and the comments of the Town and Parish Councils and members of the public. All applications receive some form of publicity either by writing to neighbours, posting a site notice or placing an advertisement in a newspaper circulating in the locality. In commenting on an application it is helpful to the Council if –

• The Town and Parish Councils make it clear whether they object or not to the application and explain their comments as fully as possible.
  
• Provide any local information relevant to land use planning considerations which they wish to draw to the attention of the Council.

Some applications are straight forward and a decision is issued well within the eight-week target for making a decision set by Central Government. Others are more controversial and it is the duty of the case officer to decide whether problems encountered can be overcome through negotiation with the applicant. Some proposals, for instance houses in open countryside, may be so clearly against planning policies that negotiation could not resolve the issue. Where amendments are submitted to proposals a copy will be sent to the Town and Parish Councils and comments will be requested if the amendments make significant changes. The period for commenting on amendments will be reduced to 10 or 14 days to reduce delays in making a decision.

An application is taken to the Area Planning Sub-Committee if the Town and Parish Council have objected to the proposal and officers recommend that permission is granted. In addition Ward Councillors are able to request an application is considered by the Sub-Committee if they notify the case officer within 28 days and have the agreement of the Chairman of the Area Planning Sub-Committee. In situations where the Town and Parish Council is supporting an application and officers are recommending refusal, the application will only be considered by the Area Planning Sub-Committee at the request of the Ward Councillor.

• Agendas containing planning reports explaining the proposal and the officer’s appraisal are available from the Council. Contact Members' Services on 01432 260248 if you would like to receive agendas for the Sub-Committee meetings in your area. Agendas are also available for inspection at Brockington and Blueschool House at least 5 days before the Committee meeting.
  
• Files can be examined periodically if Town and Parish Councils wish to monitor progress.
  
• The officer’s appraisal will explain how the Town and Parish Councils comments have been taken into account and how the officer’s recommendation has been reached. Appraisals will make an objective analysis of the proposal with reference to relevant policies.
  
• Copies of reports on applications determined by officers are also available for inspection at Blueschool House.

The Development Control system seeks to ensure that new development takes place in a location and form that accords with the policies set out in development plans. It is inherently controversial since it involves balancing the demands of applicants with the opinions of neighbours, Parish Councils and other interested parties. Certain principles should be borne in mind -

• By law, decisions have to be made in accordance with the development plan unless other material considerations indicate otherwise. Town and Parish Councils should have a copy of the Local Plan for their area. In making a decision on an application, Officers also have to take into account material considerations that might be relevant. These include land use considerations such as the number, size, layout, siting, design and external appearance of buildings and the proposed means of access, together with landscaping, impact on the neighbourhood and the availability of infrastructure. Applications which are not in accordance with relevant policies in the plan should not be allowed unless other material considerations justify granting planning permission.
  
• The Planning system works in the public interest and does not exist to protect the private interests of one person against the activities of another. The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest.
  
• Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission unless that opposition or support is founded upon valid planning reasons which can be substantiated.
  
• The personal circumstances of the applicant are normally not relevant to considering the application and will seldom outweigh the more general planning considerations.
  
• In making a decision on an application the starting point are the policies in the development plan. In reaching a recommendation, the case officer takes into account the points raised by the Parish Council.