Protocol for planning consultation with parish and town councils
The Council, in consultation with parish councils, has also prepared a Parish Protocol for planning consultation with parish and town councils. The protocol sets out the process of how the Council will engage with parish councils regarding the planning application process.
Planning applications within Rotherham Borough
Initial submission of a planning application
1. Rotherham MBC will forward the ‘weekly list’ of all applications received to all parish and town councils. The list is set out in ward order and includes applications which are subject to consultation including a web link to each application. Parish Councils are advised to view applications in adjoining wards that may be close to their ward boundary. It also now includes details of which parish the application is within, where applicable. The weekly list is also available online at http://planning.rotherham.gov.uk/fastweblive/ although this version is not set out in ward order.
2. Parish and town councils have a statutory period of 21 days to make representations to Rotherham MBC. The 21 day period begins on the date the weekly list is sent out.
3. The parish/town council may request an extension of time should it be unable to make representations within the 21 day period. Rotherham MBC will agree to all such reasonable requests where this is made within the 21 day period and where it would not affect the Council’s ability to determine the planning application within statutory guidelines. In such instances the parish/town council should contact the application case officer directly. This extension period will not generally be extended beyond 6 weeks from the start date of the planning application (the date when the application was made valid by Rotherham MBC). This validation date is available on both the weekly list and online.
4. If representations are not received within the 21 day deadline, Rotherham MBC may determine the application as it thinks fit, without the views of the parish/town council. This is in order to ensure that Rotherham MBC meets Government-set targets. However, all representations received before the determination of the application (even if after the statutory or agreed extended period) will be considered before a decision is made.
5. The parish/town council should use the Council’s website to view all planning applications they have an interest in. The website will be updated as and when additional documents relating to those planning applications are received.
6. Parish/town councils may be notified if they have raised representations on any particular application and significant amendments are made to the proposals. The parish/town council must send any additional comments within the time period specified in the further notification. It is unlikely that any extension of time to provide additional comments would be possible at that stage.
The Council’s Scheme of Delegation
7. Under the Council’s Scheme of Delegation, as set out in the Council Constitution, the majority of applications are considered by the Director of Planning. Where up to 5 objections are received, (from the occupiers of separate properties), and officers are recommending that the development should be granted, the application would be reported to the Chairman and Vice Chairman of the Planning Board for determination.
8. Where more than 5 objections are received and officers are recommending that the development should be granted, the application would be reported to the Planning Board for determination. A representation from a Parish Council as an entity would count as one objection. Where a Parish Council wishes a particular application to be considered by Planning Board then they can include the names and addresses of at least 5 Parish Councillors within their objection letter, in addition to the parish clerk or chair in whose name the representation is submitted (totalling minimum of 6). The Parish Councillor should not sign the letter if they have a personal or prejudicial interest in the planning application or have already written in as a local resident objecting to the scheme.
9. Under the Council Constitution a Ward Member can request that an application is considered by Planning Board instead of being delegated. The request must be made in writing to the Strategic Director of Regeneration and Environment (or officer(s) authorised by him or her to receive such requests) by the Ward Member concerning an application within the Ward he/she represents and should normally be made within 21 days of the date the application is validated. The application can be legally determined after the 21 days statutory advertisement deadline if no such request has been received by that deadline. The request must set out the reason(s) for the referral based on material planning considerations and must give rise to concerns affecting more than neighbouring properties (these being those which are notified by means of a letter as part of the Council’s policy regarding publicity on householder planning applications).
Right to speak process at Planning Board
10. Where the application is to be considered by the Planning Board (which is noted on the Weekly List) and a representative of the parish/town council wishes to speak at the Planning Board meeting, then the parish/town council should notify Rotherham MBC as soon as possible. This is so they can be informed of the date of the relevant meeting, once that has been determined. Notification will be sent out approximately 5 working days before the meeting.
11. Where an application was originally to be determined under delegated powers, and the Parish Council objects, they would be notified if the application is subsequently to be determined by the Planning Board (due to, for example, the number of objections received) and the notification letter will include details of the right to speak process which should be completed and returned where a representative of the parish/town council wishes to speak at the Planning Board meeting.
12. The standard time period for a right to speak is 3 minutes, though more time can be requested depending on the complexity of the application. Ultimately the time allowed would be at the discretion of the Chair of Planning Board. Where many objectors have requested the right to speak it is helpful if the Parish Council can co-ordinate the speakers at the meeting so as to avoid repetition of specific issues from speakers.
Site visits by Planning Board
13. Site visits will only be considered for those applications that are to be determined by the Planning Board. The request should clearly set out why a visit is required – the fact that there are a lot of objections does not justify a site visit. The request can be submitted by a local resident, a Parish Council, a Ward Member or a member of the Planning Board itself. All requests are considered by the Chair and Vice Chair of Planning prior to the Planning Board meeting itself.
14. Where Chair and Vice Chair do not consider that a visit is appropriate then Planning Board Members can still request a visit at the beginning of the meeting (which is voted on by all Members there). Where it is determined at Board that a visit will take place, the application is deferred until the visit takes place, generally at the following Board meeting.
Consideration of comments received
15. Comments received from parish councils will be summarised in the officer report when referred to either Chair and Vice Chair or to Planning Board for determination.
Post-decision
16. Where a parish or town council makes representations on a planning application, Rotherham MBC will notify them of the ultimate decision taken, and of any subsequent appeal. The notification letter will include a link to the application file, including the officer report. The report will set out all the relevant issues raised, including any comments from the parish council, and how they have been addressed. The weekly list also includes details of all planning appeals received.
Planning enforcement
17. The Council has produced a Planning Enforcement Plan which sets out how complaints in respect of developments taking place will be investigated.
18. The relevant Parish/Town Council will be notified of any enforcement notice or breach of condition notice served within their area, and any appeal submitted against such a notice, irrespective of whether they have raised an issue in respect of the breach of planning.
19. Details of the appeals, including the appellant’s Statement of Case, will be available on the Council’s website and Parish Councils are encouraged to submit comments as appropriate, though comments have to generally be submitted (to the Planning Inspectorate) within 6 weeks of the ‘start date’ and comments received after that time would not normally be taken into account by the Inspectorate.