Planning Process
This information is to help you understand what
happens to an application following its submission to the
Council. Simple and straightforward applications are
dealt with within 8 weeks but many take longer.
If the applicant has an agent the
applicant will receive nothing directly from us.
All correspondence, including decision
notices, will be sent directly to the agent who should keep the
applicant updated on the application.
Registration
Forms, plans and the fee are checked for
accuracy and completeness on receipt. If there is a
problem, we telephone or write to resolve this.
When these are acceptable the application is
registered, formally acknowledged, and given an
application number (eg 6.79.6014.A.FUL).
This should be quoted in all correspondence and
telephone calls to us.
The application is checked for any planning history and
information about other controls or factors which
may influence the decision (eg Conservation Area, Listed
Building, Tree Preservation Orders etc). Following
this, it is allocated to a Case Officer. All our Case
Officers are trained to handle the types of applications they
are allocated. Many are Chartered Town Planners and
members of the Royal Town Planning Institute (RTPI).
Publicity
Everyone has the right to comment on a planning
application. Every application is included in a register
which is open to public inspection. We publish a
Weekly List of Planning Applications
Received, which is issued to all Council Members and is
available from Planning Enquiries and to view in public libraries
within Harrogate District . Current applications are available for
public inspection and copies can be made subject to our charges and
the following: Plans, drawings and material submitted to the
Council will in most cases be protected by copyright. In
accordance with section 47, of the Copyright, Design and Patents
Act 1998, you may only use material which is copied for
consultation purposes, to compare current applications with
previous schemes and to check whether developments have been
completed in accordance with approved plans. Further copies
must not be made without the prior permission of the copyright
owner. You can also view the plans using our
Online Planning Application Information
Service.
Certain applications must also be given publicity by statutory
Press Notice. These appear in the
Public Notices section of the Ackrill group of
newspapers.
The Council ensures that all applications are given publicity by
displaying a Site Notice. If your neighbour submits an
application for planning permission you may receive an notification
direct from them. The Council encourages applicants to
speak to their neighbours before submitting an application and to
notify them using a Voluntary Neighbour Notification
system.
Both Press and Site Notices give a period of 21 days to view and
make comments on the application. In practice there is
often a longer period in which to make comments, but to be sure of
your comments being taken into account and being of most
effect, you should adhere to the 21 day timescale. You can
also submit comments using our Online
Planning Application Information Service.
For more information on how to keep in touch with developments
and make representations read our leaflet New Development - Have Your
Say. (30kB)
Notification and Consultancy
Where there is one the Council will notify the Parish Council
by sending a full set of application details and ask for their
comments within 21 days. See
The Council must also consult other outside organisations such
as the Highways Authority and Environment
Agency. Internal consultations are carried out when
specialist advice is needed, eg for noise concerns.
Assessing the Application
Case Officers will always visit the application
site to assess the proposal and post the Site Notice.
Planning law requires us to consider all
applications in the light of the Development Plan and other
material considerations. The Development Plan comprises the
approved policies set out in both the North Yorkshire Structure
Plan and the Harrogate District Local Plan. The Council
also prepares and approves Supplementary Planning Guidance which
includes a wide range of Design Guides and Development Briefs for
specific sites.
The other material considerations can be wide
ranging but will often include such matters as the siting and
appearance of buildings, access and potential affect upon
neighbours and other planning constraints or issues that have
been identified by consultees, or members of the public making
written representations.
If a problem is identified which can be easily
and quickly resolved the applicant will be asked to amend the
application. Some amendments are significant and may
require renewed consultation and publicity. In such cases the
likely outcome is that the applicant is asked to withdraw and
submit a new application incorporating the significant
changes. This new application then follows the same
procedures as the original.
You may discuss any concerns with the Case
Officer or your Ward Councillor but please remember the
eventual decision must take account of all relevant
factors. Councillors sitting on the Planning
Committee cannot form a view until all information has
been reported to them. The Case Officer must consider all the
relevant information before making a recommendation
Making the Decision
The majority of applications (90%) are
decided by the Head of Planning Services (HOPS) either acting on
his own or in consultation with the Chairman under powers that
the Council has delegated to him. The Planning Scheme of Delegation (96kb pdf)
is a complex legal document which can be viewed online or at
the Planning Enquiries Office (tel 01423 556666). This
means many applicants do not have to wait for a committee that
meets once every 2 weeks.
Comprehensive written reports are prepared for applications
which are to be determined by committee.
The report may be viewed online - Planning
Committee or District
Development Sub-Committee, inspected at Planning Enquiries or
purchased from Member Services (Tel: 01423 556007) during the
three days before the meeting. Any
comments or actions made after the publication of the report
will be updated at the meeting.
For further information on procedures at committee
please see our publications What
Happens at Planning Committee (90kb pdf)and Opportunity to Speak at Planning Committee
Scheme. (75kb pdf)
The Decision
The Council issues a formal decision notice, which clearly
states whether permission is granted or refused. About
85% of applications are approved and many are subject to
conditions. All applicants have a right of
appeal against a refusal or conditions
imposed that they do not agree with. Notes on how to appeal
any decision are included on the decision notice. There
is no third party right of appeal. Unless otherwise stated,
development can begin at any time within 3 years of the
date of the permission although details set out in the conditions
must be agreed beforehand.
Often other approvals are needed before work can start, e.g.
covenants on a property or Building
Regulations. If these approvals introduce
significant changes to a scheme a new planning permission may be
needed.
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