Who decides?
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Just like public realm said, its mostly the planners who make the decisions, more junior planners assess the planning application and recommend a decision to the senior planner. The senior planner can overturn their decision, so effectively its the senior planner in the planning authority who calls the shots
@billy no mates wrote:
Thanks for that, what happens in a case where the granting of permission would contravene one or two sections of the town development plan? Can the Planning officials just go ahead and grant permission or would the elected representatives have to give the go ahead for this to happen?
This is covered by the ‘material contravention’ procedure of the 2000 act (s.34 (6)).
The intention to consider granting permission in contravention of the Development Plan must be advertised in a newspaper circulating in the area and the part/s of the Development Plan which may be contravened must be specified in that notice. At least 4 weeks must be allowed for submissions and the decision is a reserved function of the elected members.
So you have nothing to fear 😉
So does this mean that if they (the PA) want to grant permission to a development that contradicts the development plan, they have to place a notice in a paper, write to everyone who commented on the application and then ask the elected council members to vote to approve this deviation from the Development Plan? As a commentor (objector) to the original application would I then have to make a new or further comment (objection) on their plans to deviate from the DP?
Also in my case when I made my comments on the application in question I (and seperate others) stated that in my (our) opinion this development would contravene specific named sections of the DP for various reasons, but who exactly would decide if we were correct in our assertions?
What for example if the PA decided that they didn’t agree that the DP would be contravened?
Do we have any means of appeal or independant review?
ThanksYes is pretty well the answer to all of the questions about the contravention procedure.
Your rights of appeal are not affected by the procedure – ie you are still entitled to appeal to the board or to seek judicial review of the decision etc. It is still simply a decision by the local authority.
If a grant is in contravention of the Plan (and the LA have not invoked the Material Contravention procedure) you may appeal to the Board and point this out and they will determine the matter.
Even if the local authority uses the Masterial Contravention procedure remember that the elected member’s view that something to be in accordance with good planning and sustainable development may not be shared by the Board or by the Courts.
@niallig wrote:
Just like public realm said, its mostly the planners who make the decisions, more junior planners assess the planning application and recommend a decision to the senior planner. The senior planner can overturn their decision, so effectively its the senior planner in the planning authority who calls the shots
The County manager would have the final input
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