Appendix 2
CENTRAL LINCOLNSHIRE STATEMENT OF
COMMUNITY INVOLVEMENT
(DRAFT FOR COMMITTEE APPROVAL)
JULY 2010
Welcome
Welcome to the Statement of Community Involvement (SCI) for Central Lincolnshire. This document sets out our proposals for involving and consulting the public and stakeholders on planning policies and planning applications in Central Lincolnshire. The Central Lincolnshire Joint Planning Unit carries out the planning policy functions of the four constituent authorities in this area, namely the City of Lincoln Council, North Kesteven District Council, West Lindsey District Council and Lincolnshire County Council. The Unit reports to the Central Lincolnshire Joint Strategic Planning Committee, which comprises elected members from all four authorities If you have any queries about this SCI please contact:
The Central Lincolnshire Joint Planning Unit c/o North Kesteven District Council Kesteven Street, Sleaford, Lincolnshire NG34 7EF Tel: 01529 414155 or 01522 699699 if calling from a Lincoln number Email: [email protected]
Information on the SCI is available in other formats. If you would like information in Braille, Audiotape, larger print, PC disk or CD Rom, or you need information in a different language please contact the Joint Planning Unit. Call 01529 414155 or 01522 699699 if calling from a Lincoln number, or dial 01529 308088 to use the Minicom service.
CENTRAL LINCOLNSHIRE STATEMENT OF COMMUNITY INVOLVEMENT
Contents Page
Introduction
1. The Role of our Statement of Community Involvement 2. Benefits of Community Involvement 3. Principles of Community Involvement
Section A: Community Involvement in the Local Development Framework
4. What is the LDF? 5. When can I comment on Development Plan Documents? Diagram 1: Stages in the preparation of the Development Plan Documents 6. When can I comment on Supplementary Planning Documents? Diagram 2: Stages in the preparation of Supplementary Planning Documents 7. How will I know when and how to get involved? a) Involvement at Informal consultation stages b) Involvement at Formal consultation stages c) How will I know if the Council has taken my comments into account? 8. Targeting Hard to Reach Groups. 9. Links to other strategies 10. Funding Community Involvement 11. Evaluating our Methods
Section B: Community Involvement and Planning Applications
12. Pre-application Advice 13. Community Involvement before an application is submitted 14. How do the Councils let people know about planning applications? 15. Commenting on planning applications 16. Community Involvement when an application goes to committee 17. Community Involvement after a decision has been made on a planning Application 18. Community Involvement if an appeal is received on a planning application Decision 19. Who do I contact if I have any queries?
Section C: Where can I go for Independent Help with Planning?
Appendices
1 Statutory Consultees 2 Non-Statutory Consultees 3 Scheduled Consultations on LDF documents Introduction
1. The Role of Our Statement of Community Involvement
The Planning and Compulsory Purchase Act 2004 has meant that councils have made significant changes to the planning system. At the heart of these changes is community involvement. This Statement of Community Involvement (SCI) sets out how the Central Lincolnshire Joint Planning Unit will involve different sectors of the community in Central Lincolnshire at different stages of the forward planning process and in the deciding of planning applications. The Central Lincolnshire Joint Planning Unit represents the forward planning functions of the four constituent authorities in this area, namely the City of Lincoln Council, North Kesteven District Council, West Lindsey District Council and Lincolnshire County Council. The Unit reports to the Central Lincolnshire Joint Strategic Planning Committee, which comprises elected members from all four authorities.
Our Vision for Community Involvement
The aim of the Joint Planning Committee is to comprehensively engage with users of the City and Districts including residents, service users, stakeholders and partners in a meaningful and cost effective way where the outcomes of such engagement demonstrate both real benefits for the community and value for money for the authorities.
Community Involvement in Local Development Framework preparation:
Local Development Frameworks were introduced in 2004 as part of the reform of the planning system. In broad terms, a Local Development Framework is a policy framework for the location and design of development (homes, shops, offices etc.) and for protecting the built environment. It is sometimes called a “spatial” plan, because it deals with the location and layout of development and activities and how these affect people and the environment.
Local Development Frameworks will consist of a number of documents – called Local Development Documents – which are prepared and updated separately and more regularly. The Local Development Framework is therefore a folder of documents rather than a single planning document as was the case with Local Plans. Local Development Framework documents are used to assess and make decisions on planning applications – therefore, a successful application will be generally in line with LDF policy.
The Local Development Framework sets out to answer questions and to target issues such as:
What kind of future do we want for Central Lincolnshire? Which areas need regeneration and should we prioritise these spaces for housing, leisure or employment? How can we ensure that the form of our neighbourhoods and communities has a positive impact upon our lifestyle, the environment and our ability to access employment and leisure opportunities? How can we create a place where all people have equal access to facilities and services, whilst ensuring that diverse needs are catered for?
Everybody has an opinion on the neighbourhood or community in which they live. Everybody has ideas for improving these places, and this usually has a lot to do with the way we use an area, whether it is a high street in a town, city or village, open countryside, an area of industry or housing, park, etc. It is thus vitally important that local people are involved in the development of planning policy as well as decisions on planning applications.
The Central Lincolnshire Joint Planning Committee is committed to continuous involvement, and thus take into account all input from the community. However there are stages in the policy process where community involvement is statutory and “formal consultation” must take place within a scheduled time frame. This document will help you to make sense of the process, distinguish between formal and informal consultations, and to understand how the results will be fed into policy preparation and planning application decisions.
1. Glossary of terms to aid understanding of this document:
Local Development Framework – folder of documents setting out the overall planning strategy and policy for Central Lincolnshire Local Development Document – general term for any document forming part of the LDF Development Plan Document – statutory Local Development Documents, subject to external examination. These include: >Local Development Scheme – Project plan and timetable for preparing the LDF >Core Strategy – stating our approach to planning and the principles we will base planning decisions upon >Site Specific Allocations of Land – determining which areas are most appropriate for a particular use, i.e. housing, retail, leisure >Area Action Plans – a plan for any area with specific needs, such as regeneration or conservation >Proposals Map – a map of the Central Lincolnshire area illustrating policies set out in the Local Development Documents
Supplementary Planning Documents – offer further guidance and background information on how policies will be applied in detail i.e. assessing flood risk or the need for affordable housing
Sustainability Appraisal – an assessment of the environmental, social and economic impacts of policy proposals. The Sustainability Appraisal meets the requirements of the EU directive on Strategic Environmental Assessment while also meeting the requirements of Central Government policy.
Local Strategic Partnership – made up of key public service agencies, the private sector and community representatives working towards key community objectives.
2. Benefits of Community Involvement
Guidelines for community involvement have been issued by Central Government, but the extent to which we engage and how we engage is up to the Central Lincolnshire Joint Planning Committee. All the councils in Central Lincolnshire have already made significant steps towards engagement in many service areas and we see this framework as an opportunity to build on existing good practice. The consultation set out in this document will benefit both Councils and the public in the following ways:
√ Enhances Democracy √ Balances Interests
Because planning shapes the Consultation gives us the places where you live and opportunity to inform the public work, community involvement about the boundaries and is vital to getting it right. We limitations incurred in policy want to improve the quality of making, particularly in life in Central Lincolnshire. balancing the interests of all We can‟t know how to do this groups. Open dialogue should unless we understand what encourage understanding, “quality of life” is to the develop consensus, and avoid community and how the the feeling of there being public believes space can be winners and losers. used to achieve this.
√ Achieves Speed & √ Encourages Ownership Value By involving the community in We hope that the public will the production of the Local better understand, respect and Development Framework we promote outcomes if they have aim to achieve a more speedy helped to generate the ideas. and flexible planning system. We aim to develop a system Community involvement in where planning has more Local Development meaning for the public and where we can be sure that we Framework preparation will increase people‟s have the broadest possible understanding of how and acceptance of decisions and why decisions are made and policies. thereby reduce objection and conflict at the application stage.
3. Principles of Community Involvement
While recognising the benefits of involvement it is also important to recognise the barriers to effective consultation. Committing to the following principles may help to break these down.
√ Early Involvement Early involvement, or what the Government has termed “front loading” is a key feature of the planning system and refers to the need to get the community involved in policy-making at a very early stage. Instead of saying “these are our plans – we hope you like them” it asks early on what it is you want the planning system to achieve. Once policy is decided upon, it is hoped that everyone will feel they‟ve had a fair opportunity to input their ideas and are less likely to ask for amendments at a later stage.
√ Consistency Involving the community throughout the development of policy should be on-going and consistent. Token consultation will not achieve conflict resolution. Involving the public from beginning to end ensures that conflict is minimised. The nature of the consultation will, however, be flexible. We don‟t expect to be able to use the same approach for every document or every issue and we intend to modify our methods as we learn from experience.
√ Clear Objectives Fulfilling the above principles effectively are only possible if we are sure of the objectives of involvement. For each exercise we need to be clear on what we are consulting on and what information we need. These issues determine the target audience and number of people to be involved, - components which enable us to make a meaningful evaluation of results.
√ A Diverse but Fair Central Lincolnshire Planning should seek to improve the lives of the widest cross-section of society. However, different people have different needs and different priorities. This is not just linked to geographical communities, i.e. those living in the same neighbourhoods, but also communities sharing the same interests, identities, faiths or even circumstances. These may include our partner organisations, voluntary sector groups or individual members of the community. Listening equally well to each of these communities will ensure these diverse needs are recognised and heard and all have equal ability to influence the Local Development Framework. To ensure this we must take a proactive approach to engaging “Hard to Reach Groups”.
√ Good Local Knowledge The Joint Planning Unit is committed to gathering information on the social make-up and community groups in the Central Lincolnshire area. This way, we hope to be able to meet our objective of planning policy that is fair and responsive to diversity.
√ A “Joined-up” Approach The Joint Planning Unit will seek to ensure that the Local Development Framework is “joined up” with other Council strategies, such as housing, economic development and leisure. This will recognise mutual benefits and ensure that strategies support each other. Additionally, we will aim to work together with Local Strategic Partnerships to ensure linkage of the Local Development Framework with community strategies.
√ “Capacity Building” We intend to build on the ability/capacity of the public to become engaged in the planning process through the sharing of information. By working with other council departments and partners within the community we can develop the skill and ability of the community to access information and have their views heard. Building partnerships also helps to create long- term visions and solutions, and avoids the danger of quick fixes.
√ Clear and Effective Communication We will endeavour to be open, honest and accountable. Our staff and councillors will be well-briefed and knowledgeable. We will prioritise monetary resources, staff time and expertise for use in consultation exercises and will ensure that all consultation avoids or explains technical jargon, complies with the principles of Plain English and is available in a range of formats (upon request) and in a range of locations.
√ Feedback The feedback we receive will be recorded, evaluated and, in turn, fed back to the public to demonstrate how the contributions have been taken into account. We will ensure that there is always a follow-through for the consultation and its impact on our policy will be communicated. This is particularly important to encourage consensus and thus foster further trust, engagement and interest in the planning process.
Section A
Community Involvement in the Local Development Framework (LDF) process
4. What is the LDF ?
LDFs are part of the Government‟s reform of the planning system and will replace Local Plans. It has been agreed that a single LDF will be produced for the Central Lincolnshire Area, replacing the existing Local Plans for the City of Lincoln, North Kesteven District and West Lindsey District.
The LDF will consist of a number of separate documents called Local Development Documents (LDDs) and Supplementary Planning Documents (SPDs) which can be prepared and updated separately.
A three year project plan called the Local Development Scheme (LDS) sets out what LDF documents will be produced and when the consultation periods are for each stage of their production. The Central Lincolnshire LDS can be viewed at the Council Offices and on the web sites of the City of Lincoln, North Kesteven District and West Lindsey District. (See address details in Section B, para 1.8)
See Appendix 3 for a table of the LDF documents (extract from the Adopted LDS, June 2010).
5. When can I comment on Development Plan Documents (DPDs) ?
Diagram 1: Stages in the preparation of the DPDs
Note - Shaded areas indicate opportunities for community involvement before independent examination.
Background Preparation/ Preliminary Stakeholder Engagement
Issues and Options Consultation (6 wks) (Early Ideas, Issues, Concepts)
Representations Considered & Alterations Made
Draft Consultation (6 wks)
Representations Considered & Alterations
Made
Submission of Document to the Secretary of State & Consultation (6wks) (This is the document the Council would like to take forward upon which you have a formal chance to object to or support)
Representations Acknowledged and Considered
Independent Examination
Receipt and Publication of Binding Inspector‟s Report
Adoption
6. When can I comment on Supplementary Planning Documents (SPDs)?
Diagram 2: Stages in the preparation of SPDs
Note - Shaded areas indicate opportunities for community involvement before independent examination.
SPD Scoping
Visioning and Development of Aims and Objectives
SPD Development
Consultation on Draft SPD
Consideration of representations and Final draft
ADOPTION
7. How will I know when and how to get involved?
There will be informal opportunities to become involved particularly in the early stages of plan preparation. Subject workshops will be convened to aid the gathering of information and general views sought from citizens panels, interest groups and others living in, working in and visiting the area. Every effort will be made to publicise this opportunity as widely as possible through notices on the councils web sites, notices in local newsletters, placing leaflets in public places and by sending out individual consultation letters.
Notice of any formal consultation will be placed in the local press, detailing the subject matter of the document, the period for representations and the places where the document can be found.
Copies of the relevant document along with details about the consultation will be made available to view at the City of Lincoln, North Kesteven and West Lindsey Council Offices and other appropriate public places and venues, such as libraries.
You can visit the Joint Planning Unit web sites (addresses below) where details of current consultations will be posted as they occur. You can also visit the web sites to view the Local Development Scheme which sets out which consultations have already been scheduled. Documents will be available to download along with details about how comments can be made, including how to make comments electronically. The web sites will also carry details of where hard copies of the document can be viewed.
Joint Planning Unit c/o www.lincoln.gov.uk www.n-kesteven.gov.uk www.west-lindsey.gov.uk
Where appropriate and where resources permit, summary leaflets will be produced and distributed to public places and venues.
Events, manned stalls and/or exhibitions will be held to provide more information and offer the opportunity to answer your questions. These will be as appropriate for the type of document and the stage in its consultation and subject to available resources and will be promoted through a range of methods, such as mail shoots, notices on parish notice boards, articles in local newspapers and bulletins.
The press and radio may also be used to carry advertisements and articles about a consultation.
The best way to ensure that you or your organisation are individually consulted at each stage of the LDF process is to write to the Joint Planning Unit at the address below with a contact name and address and ask to be placed on our consultation database.
Joint Planning Unit c/o North Kesteven District Council Kesteven Street Sleaford Lincolnshire NG34 7EF
See Appendix 1 & 2 for a current indicative list of statutory and non statutory consultees. These lists will be regularly updated. Current versions of the list will be made available on the appropriate websites and on request from the Joint Planning Unit.
You can visit the Joint Planning Unit (at the address above and at City Hall, Lincoln) to speak to a member of the team or view a hard copy of the Local Development Scheme or ring the Unit on the number below.
Joint Planning Unit – 01529 414155 a) Involvement at Informal consultation stages
There will be opportunities for more informal ways of getting involved and putting across your views throughout the Plan making process. Informal methods of community involvement such as subject workshops will allow us to collect information and evidence, develop stronger links with partners in the community, raise awareness of the LDF process and create early discussion and debate around some of the main themes.
The views of existing technical and specialist community groups such as the Housing Market Partnership, Local Flood Risk and Drainage Management Groups, youth parliaments, forget-me-not clubs, business forums and tenant groups will be sought at an early stage.
In order to promote this opportunity and reach a wide cross section of the community, we will be seeking advice on specific groups and doing our best to publicise events through local newspapers, area-wide advertising, invites, newsletters and the Joint Planning Unit web sites. (Addresses above) b) Involvement at Formal consultation stages
The period for formal community involvement will last six weeks. Comments (or “representations”) can be made by individuals, representatives of groups or bodies or through an Agent. The opportunity to comment will be widely publicised and every effort made to encourage the community to become involved in the process.
Representations should be made in writing, either a hard copy or electronically and should be made on the comment form provided. Hard copies will be readily available and will be available to download from the Joint Planning Unit web sites. (Addresses above)
If your comments relate to the wording in the document then any suggestion of alternative wording would be welcomed.
c) How will I know if the Council has taken my comments into account?
All representations will be acknowledged and details will be recorded on a database. If a group/body representative or Agent is responding on behalf of the group/body or individual, their details will be recorded and they will receive all correspondence including automatic consultation in the next stage of the process.
At the end of the consultation period a summary of the representations received and the response to them will form a report for committee approval. All comments and reports will be made publicly available at the Joint Planning Unit, City of Lincoln, North Kesteven and West Lindsey Council Offices and other appropriate public places and venues, such as libraries. The summary and response report will be available to download on the Joint Planning Unit web sites. (Addresses above)
Once the committee have considered each representation made, the relevant extract of the committee report and the changes agreed will be sent to those people who submitted comments.
8. Targeting “Hard to Reach” Groups
It is our intention to undertake consultation in such a way that it includes engagement with all sectors of society including those often referred to as being ones which are “hard to reach”. Reducing barriers to their participation is crucial and where the difficulty is in the groups own reluctance to engage then we must be taking a proactive approach to targeting the group. This is particularly important at the scoping report stage of policy development, as this is the point at which we should know all factors that might influence options.
The table below gives examples of Hard to Reach Groups and examples of possible engagement methods.
HARD TO REACH GROUPS – CONSULTATION TABLE
Group Example of consultees Example of possible engagement methods Young people & young Children‟s Links Liaison with representative groups. adults Youth Councils Consultation events in suitable locations such as youth Connexions centres and public houses. Presentation of relevant issues and concepts in an engaging and easily understood method. Possible work in schools. Older people Age concern Liaison with representative groups. Specialist housing associations Consultation events in suitable and easily accessible Older persons forums locations such as Day Care Centres. Availability of information in a variety of formats. Homeless people Nomad Trust Liaison with representative groups. Council Housing and Homelessness Officers YMCA Disabled people, Disability Lincolnshire Liaison with representative groups. including those with Disability forums Ensuring that events take place in physically learning difficulties Mental health foundation accessible locations. RNIB Use of plain English and available in other formats. Ensuring that enough staff are available at events to deal with 1 to 1 assistance when required. Black, minority ethnic Lincolnshire Racial Equality Liaison with representative groups. communities and Council Use of various translation services. migrant workers Commission for Racial Equality Using more visual forms of communication at events. Gay men and lesbians Local community and voluntary Liaison with representative groups. sector groups. Travellers and Gypsies National Gypsy Council Liaison with representative groups. Lincolnshire Gypsy Liaison Group Speaking directly to groups through contacts with local Lincolnshire Racial Equality representatives. Council Rural communities Parish Councils and Parish Liaison with Parish Councils and other local groups. meetings Consultation events in suitable locations such as Community Council for village halls and public houses or during market days. Lincolnshire 9. Links to other strategies
To ensure that the LDF works alongside and promotes the work of the City and District Councils and the work of other departments, it will need to be consistent with other strategies. The most relevant include:
Districts and City Community Plans and Sustainable Community Strategies. These Plans identify key baseline facts and key issues for their areas. They set out the overall vision for their area and how it is intended to improve the well-being of everyone. The Central Lincolnshire LDF Core Strategy will seek to work towards these visions and contribute towards the key priorities identified. This will include close links between officers and where possible, joint consultation.
Corporate Consultation Strategies. These Strategies detail the City and Districts overall approach to consultation. The Strategies have been used to develop this Statement of Community Involvement and the community links established will be used in the production of the LDF.
10. Funding Community Involvement
It is intended that community involvement is resourced from the Joint Planning Unit‟s budget and much of the work undertaken by existing staff as far as possible.
It is recognised that additional resources or expertise may be needed. We will however seek to minimise the need to use additional resources wherever possible by using existing resources currently available in the community such as consultation networks and various voluntary agencies.
A flexible approach to consultation methods throughout the process will allow us to regularly evaluate the success of consultation efforts and ensure best value for money throughout.
11. Evaluating our Methods
To ensure that we are using the correct methods of involvement we intend to monitor the effectiveness of our chosen method and evaluate it in terms of cost/ benefit principles and against our wider principles of community engagement.
The following issues will be considered:
Did the exercise meet the objectives of the task – and were these clear and concise at the beginning?
Did the exercise provide the best value for money? Could the exercise have been linked with other initiatives/ areas of strategy?
Was the exercise carried out satisfactorily?
Was the exercise representative of the community? Do we know enough about the respondents to make this judgement? Was the sample size adequate and was there a high enough response rate?
Do we know what‟s driving opinions? Is there an unforeseen factor that might bias or skew results?
Was it clear what we were asking consultees to do? Could this be improved through piloting the exercise, or would this put unnecessary pressure on resources and staff time?
Have we received or asked for any input or suggestions from the consultees as to how the exercise could be improved in the future?
Evaluating issues such as these will determine whether or not this Statement of Community Involvement has led to the successful involvement of the community in the LDF. The Annual Monitoring Report, prepared to monitor progress in preparing the LDF, will reflect on and evaluate the community involvement process.
Section B
Community Involvement and Planning Applications
12. Pre-application advice
Pre-application discussions with planning officers are strongly encouraged for all applications in order to give applicants the best possible advice. Planning officers will explain policies and may also facilitate consultations and discussions with certain other bodies including the County Council as highway authority and key internal consultees (as part of development management best practice). Prospective applicants will be expected to provide any information and clarification necessary to allow officers to form a view on any proposal.
All advice will be given in good faith, but cannot prejudice the outcome of any formal application, which is subsequently submitted. This is because all applications are subject to full publicity and consultation procedures and ultimately may be determined by Planning Committees. Councils will not seek to give publicity to pre-application discussions held with officers. However, in accordance with obligations under the Freedom of Information Act, if formally requested in writing, information will not generally be withheld unless the harm/prejudice that is likely to arise from disclosure would outweigh the public interest in making the information available.
13. Community involvement before an application is submitted
Consultation prior to specific planning applications being submitted is not a statutory responsibility of either councils or developers. However the Central Lincolnshire planning authorities (City of Lincoln Council, North Kesteven District Council, West Lindsey District Council and Lincolnshire County Council) actively encourage developers to seek involvement of the community at this stage. Applicants should submit details of any consultation that they have undertaken with the community as part of their application.
The Central Lincolnshire planning authorities believe that potential developers should engage with the wider community before submitting an application in the case of: major applications of 10 or more dwellings; waste management or mineral proposals; or other applications which in the opinion of officers are likely to give rise to issues of significant impact in terms of planning considerations. Early public involvement will benefit everyone by ensuring that schemes are well understood by the community and allow local people to help shape the outcome of the proposals that are likely to affect them significantly. The scale and scope of consultation exercise should be agreed with Council officers on a case by case basis.
14. How do the Councils let people know about planning applications?
Weekly lists of planning applications are published on the District and City Council websites and can be distributed to people and interest groups as requested and as considered beneficial to the planning process. (The County Council does not publish weekly lists of its planning applications on their website).
All publicity is carried out in accordance with relevant Government guidance and legislation, which currently comprises; Circular 15/92 „Publicity for Planning Applications‟, the Town & Country (General Permitted Development) Order 1995 (as amended) and the Town & Country Planning (General Development Procedure) Order 1995 (as amended). It should be appreciated that these regulations may be subject to change in future, and hence publicity arrangements may also need to change as a result.
Each of the Councils in Central Lincolnshire has its own code of practice for the publicity of planning applications that will be followed and will reflect local circumstances.
Applicants are encouraged to undertake consultation exercises with the wider community where applications may identify major or sensitive developments. This could include sites concerning scheduled ancient monuments or developments giving rise to increased levels of noise, pollution or other nuisance. Applicants or agents can contact the relevant Council if they would like advice on consultation methods and community involvement activities.
For applications submitted to Lincoln City, North Kesteven and West Lindsey District Councils, neighbouring residents/occupiers will be sent a neighbour notification letter and/or the Councils will also place a site notice on or near the site. A minimum of 21 days will be given for interested parties to make comments.
The City and District Councils have to make a judgement on which planning applications will be of wider concern within the community. For example, these Councils may undertake wider public consultations when a planning application:
Is likely to affect nearby property by causing significantly increased levels of noise, smell, vibration, dust or any other form of nuisance; Is likely to attract significantly more people to an area, which will increase noise levels in a generally quiet area; and Involves the construction of particularly high buildings in comparison to those that will surround it.
In addition, applications relating to conservation areas, listed buildings, major applications, public rights of way and ancient monuments will be advertised in the local press and a site notice will be posted on or near the site or neighbouring residents will be sent a neighbour notification letter.
For applications submitted to Lincolnshire County Council, the following table indicates the publicity that will be carried out for certain types of development;
TYPE OF DEVELOPMENT PUBLICITY REQUIRED Development where the application: Advertised in the local newspaper -Is accompanied by an Environmental and site notice posted Statement; or -is a departure from the development plan; or -affects a public right of way Major development (likely to have a Advertised in the local newspaper, significant impact on the local area or site notice posted and neighbour create significant public interest or notification controversy) Minor development Site notice and neighbour notification Development affecting the setting of a Advertisement in the local newspaper listed building or the character and and site notice posted appearance of a conservation area Permitted development requiring prior Site notice posted approval of the local planning authority
Applications determined by the County Council include proposals affecting County owned land (e.g. schools) and proposals for mineral working and waste disposal. The City and District Councils are consulted on these „county matters‟ proposals but do not make the ultimate decision.
Copies of the application and accompanying plans can be inspected at the relevant council‟s offices (see Section 1.8 for contact details) or, where available, on their website. Further details regarding the development management process can be viewed on the websites of the respective councils.
In addition, depending upon the type of development proposed, there is a requirement to consult statutory bodies such as, for example, the County Council as Highway Authority, the Environment Agency, English Heritage and English Nature. A list of these statutory consultees can be found at Appendix 1.
15. Commenting on planning applications
In making comments about planning applications, it should be remembered that Councils can only take into account planning considerations, for example:
Whether or not the proposal complies with the local planning policies contained in the Local Plan or in the Local Development Framework Government Planning Policy Guidance or Statements Comments on the design and appearance of the proposed development and its potential impact on the surrounding area Planning law and previous decisions Highways safety and traffic issues Noise, disturbance and smells Conservation of historic buildings, trees etc
The following are examples, although not exhaustive, of issues which are not capable of being taken into consideration:
The effect of the development on property values Private legal matters between the applicant and objector such as property boundaries, access or party walls Matters covered by other laws (e.g. alcohol licensing) The applicant‟s morals or motives Suspected future development Loss of view
Comments should be submitted in writing, by e-mail or by using the Councils‟ online service. Comments should include the planning application reference and be submitted as soon as possible within 21 days of the publication of the planning application, although the councils will try to take into account any representations received up to the date on which the decision is made. Where necessary, persons or organisations making representations should provide their full postal address. Councils will not determine any application within a minimum period of 21 days from the date on which consultation letters are sent out.
16. Community Involvement when an application goes to committee
If an application is to go to Committee for approval, then all those who have made representations will be duly advised. The Central Lincolnshire councils all have procedures for allowing those who made representations to speak at Committee. For further information on this please contact the Committee Services of the relevant Council. Contact details can be found at paragraph 19.
17. Community Involvement after a decision has been made on a planning application
All those who have made representations on a planning application will receive a letter informing them of the decision made, including details of that decision.
18. Community Involvement if an appeal is received on a planning application decision
Only applicants have a right of Appeal to the Secretary of State. There is currently no Third Party Right of Appeal against a planning decision. The Planning Inspectorate deal with planning appeals on behalf of the Secretary of State and an independent Inspector is appointed to examine the issues.
Post: The Planning Inspectorate Temple Quay House 2 The Square Bristol BS1 6PN
Tel: 0117 372 6372 (General Enquiries) On-Line at: www.planning-inspectorate.gov.uk
All those persons who made observations on the planning application will receive a letter to inform them of the appeal and how they can make their views known. Copies of letters submitted in relation to the planning application will have been supplied to the Planning Inspectorate and the appellants.
The publicity for a public inquiry will involve placing a statutory notice in the media and placing a notice adjacent to the appeal site.
19. Who do I contact if I have any queries?
Each of the respective councils in Central Lincolnshire, namely the City of Lincoln City Council, North Kesteven District Council, West Lindsey District Council and Lincolnshire County Council retain their development control functions. As such, should you wish to comment on a planning application or have any queries then you can contact the relevant authority directly. The addresses, telephone numbers and websites of the four Councils are given below;
Development & Environmental Services City of Lincoln Council City Hall Beaumont Fee Lincoln LN1 1DF Tel: (01522) 873550 E-mail: [email protected] Website: www.lincoln.gov.uk
Planning Services North Kesteven District Council PO Box 3 District Council Offices Kesteven Street Sleaford NG34 7EF Tel: (01529) 414155 E-mail: [email protected] Website: www.n-kesteven.gov.uk
Development Services West Lindsey District Council Guildhall Marshall‟s Yard Gainsborough DN21 2NA Tel: (01427) 676676 E-mail: [email protected] Website: www.west-lindsey.gov.uk
Development Directorate Lincolnshire County Council City Hall Lincoln LN1 1DN Tel: (01522) 782070 E-mail: [email protected] Website: www.lincolnshire.gov.uk
Section C
Where can I go for Independent Help with Planning?
Planning works best when the process is accessible, but for some it is not. East Midlands Planning Aid provides free, independent and professional town planning advice and support to communities and individuals who cannot afford to pay fees to a planning consultant. It complements the work of local planning authorities, but it is wholly independent of them.
The Planning Aid service offers more than just advice. It engages communities positively in the planning process to help them manage changes to their neighbourhood areas.
Planning Aid can help communities or individuals to:
Understand and use the planning system Participate in preparing plans Prepare their own plans for the future of their community Comment on planning applications Apply for planning permission or appeal against refusal of permission, and, Represent themselves at public inquiries
To find out more, or to access Planning Aid services in the East Midlands area, contact:
The Planning Aid Co-ordinator East Midlands Planning Aid Service 15 Wheeler Gate Nottingham NG21 2NA
Tel: 0115 852 4266 Email: [email protected] Web: www.planningaid.rtpi.co.uk
Appendix 1
Statutory Consultees
The Town and Country Planning (Local Development) (England) Regulations 2004 specify that the following bodies must be consulted if the Central Lincolnshire Joint Planning Unit considers that the interests that the body represents will be affected by what is proposed in the Development Plan Document:
1. Regional Government Office
2. Regional Development Agency
3. Department of Environmental, Food and Rural Affairs – DEFRA
4. County Council
5. Adjoining Local Planning Authorities
6. Town and Parish Councils (and Neighbouring Parish Councils)
7. The Environment Agency
8. The Countryside Agency
9. English Nature
10. Highways Agency
11. Historic Buildings and Monuments Commission for England
12. Network Rail
13. Relevant Telecommunications Companies
14. Strategic Health Authority
15. Relevant Electricity and Gas Companies
16. Relevant Sewerage and Water Undertakers
17. Equal Opportunities Commission
18. Local Airport Operators
Appendix 2
Non-statutory Consultees
In addition to the statutory consultees, the Central Lincolnshire Joint Planning Unit will consult other interest groups, individuals, organisations or services, depending on the relevance of the issue or document to the group:
1. The General Public
2. Local Strategic Partnership
3. Amenity Groups/ Local, Regional and National
4. Environment/ Conservation Groups
5. Ethnic Minority Groups
6. Housing Interest Groups
7. Local Businesses/ Business Groups
8. Local Disability Groups
9. Local Residents Associations
10. Older Persons Groups
11. Planning Agents Groups
12. Religious Groups
13. Revitalisation Groups
14. Youth Groups
15. Schools, Colleges, Higher and Further Education Institutions
16. Health Care Groups
17. Freestanding Register of LDF Consultees
18. Crime and Community Safety Groups
19. Internal Drainage Boards
20. Other Local Groups
Appendix 3 – Scheduled Consultations on LDF Documents
Document Status Brief Description Chain Of Conformity Early Consultation Consultati Adoption Title Stakeholder On Issues & on On & Options Preferred Community Options & Engagement Proposals Statement of Non- Sets out the tests and SCI can (and should) be 2010 Community Development processes to define subsumed within the Involvement Plan appropriate standards for Community Engagement Document consultation on LDF Strategy required to meet documents CAA requirements Core Strategy Development Sets out vision, objectives Must be in general 2010 2010 2011 2011/12 Plan and district spatial conformity with RSS. (and Document development strategy. have regard to the Promotes strategic Sustainable Community allocations and Strategy) development areas as All other LDDs to be in appropriate. Will include conformity with core an Infrastructure Delivery strategy. Plan. CIL Charging CIL Charging To set in place the 2012 Schedule Schedule charging schedule to delivery Allocations Development Set out proposed land With the Core Strategy 2011 2011 2012 2013 Planning allocations for housing, and RSS Document affordable housing, economic development, mixed developments or other uses as appropriate South East DPD To set out the long term With the Core Strategy 2011 2011 2012 2013 Quadrant vision and detailed Area Action guidance for the delivery Plan of the South East Quadrant. Document Status Brief Description Chain Of Conformity Early Consultation Consultati Adoption Title Stakeholder On Issues & on On & Options Preferred Community Options & Engagement Proposals Gainsboroug DPD To set out the long term With the Core Strategy. 2011 2011 2012 2013 h Area Action vision and detailed Plan guidance to ensure that the town can deliver the Any subsequent Growth Point Targets and Supplementary Planning develop the economy and Documents would need to services to support the comply with the AAP increased growth.