How a Planning Application is Processed

1. Validation

Applications are checked to ensure all documents and fees required by the law have been submitted. Any omissions will be requested before processing can start.  Detailed notes of guidance can be obtained from your local borough council together with application forms.

2. Consultation and publicity

Consultations are sent to various bodies to obtain their expert view.  Advertisements, where required, are placed in the appropriate local paper and on site and indicate how to view plans and how to comment on them, usually 21 days from the date of publishing.  The need for advertisement in the press and on site is a requirement of legislation, and are often supplemented by council's individual policies and procedures.  Details of consultation procedures can be found on the council's website.

3. Consideration

The site is inspected and the application assessed by the case planning officer, taking into account planning policies, consultation responses and public representations.

4. Negotiation

If minor problems are identified with the application and there is scope to address these through limited alterations to the proposal, the officer will contact the applicant to seek suitable amendment.  Stages 2 and 3 may have to be repeated if amendments which significantly change the application are made.

In some cases, where the application raises fundamental concerns or does not address issues previously raised with the applicant/agent (in a previous application or pre-application advice) we are unable to consider amended plans during the determination of a planning application. This is for the reason that most planning applications (unless they are major applications) need to be determined within eight weeks. If changes were made, then people would have to be consulted again on those changes and the planning application would not be able to be determined within the time scale laid down by the government

5. Recommendation

The case planning officer will make a recommendation to the person or body authorised to make a decision.  This will be the Planning Control Committee or individual to whom authority to make a decision has been delegated. If the application is to be decided at a Committee meeting, the objectors and the applicant will be contacted to be advised of the time and venue and of any arrangements to enable them to take part.  Such meetings are held in public and all interested parties are free to attend and observe how a decision is reached.  Public speaking is also permitted.

6. Decision

A decision is taken on the application by the appropriate body, either the Planning Control Committee or The Chief Planning and Environmental Health Officer.  The majority of applications are decided by officers under ‘delegated powers’.

Planning applications can be approved by officers provided that:

• They accord with planning policy.
• The application has not been "called in" by a Welwyn Hatfield Councillor within the parish notification expiry date (to find this date, please view the weekly list)
• The decision would not conflict with any objection recieved from a District Councillor, Parish Council or adjoining Local Authority
• It is not considered, by officers, that the application should go to the Planning Control Committee.
• Welwyn Hatfield Council is not the applicant and/or has interest in the land/property covered by the application

Planning applications can be refused by officers, where they conflict with planning policies and cause harm, provided that:

• The decision would not conflict with views recieved from a District Councillor within the parish notification expiry date (to find this date, please view the weekly list)
• It is not considered, by officers, that the application should go to the Planning Control Committee.

Where the decision lies with a committee, there may be a site inspection by the Committee before the decision is made. Applicants and objectors can also speak at the committee meeting when the application is considered.

In reaching a decision, the Council is required by law to limit the matters it takes into account to the Development Plan, that is, the Structure Plan and Local Plan policies relating to the application and to other planning matters, often referred to as material considerations. What does and does not qualify as a planning matter varies between applications, but can generally be summarised as the impact of the development proposed on the surrounding environment and infrastructure. Matters which should not be taken into account include who is applying, their past history and the effect on the value of neighbours property.

Of importance is that the application must, under the legislation, be determined in accordance with the Development Plan, unless other matters indicate that this is inappropriate. It is therefore useful to be aware of the content of the Development Plan prior to submitting an application.