8 Development Management and planning applications

8.1 The Council is responsible for making decisions on a wide variety of planning and other applications. Cheshire West and Chester is committed to increasing and improving community involvement in the development management and decision making process. Guidance on submitting planning applications is available via the Council’s website at Apply for planning permission | Cheshire West and Chester Council and the Planning Portal. 

Pre-application stage 

8.2 Developers are encouraged to engage with the Council prior to the submission of planning applications to reduce any potential problems and to ensure that applications are submitted with all the necessary information enabling them to be dealt with without delay. 

8.3 Advice and guidance on pre-application discussions is available in the UK Government's Planning Practice Guidance and the Council’s approach is set out on the website at: Pre-application advice | Cheshire West and Chester Council 

8.4 The Council encourages developers involved in ‘significant’ planning applications to carry out independent public consultations prior to the submission of schemes, providing the community with an early opportunity to become involved in proposals for their area. This could take the form of public exhibitions, meetings workshops or media coverage etc. Results from any public consultation exercise undertaken by the applicant should form part of the application. 

Consultations on planning applications under the Planning Acts 

8.5 Public participation at this stage represents a crucial part of the planning application and development management process. Public participation provides the opportunity to significantly improve the proposed development and alleviate any objector’s concerns at an early stage. Not all concerns raised can be considered in the decision making process. For example, the impact of a proposal on the value of property is not a material planning consideration. A material consideration is a factor of a proposal that should be considered as fundamental (or material) to reaching a conclusion on a development proposal. Examples of material considerations include; national planning policies, visual appearance (including building materials, height, design), issues over privacy, provision of infrastructure, and the impacts on the environment and conservation. 

8.6 National legislation and regulations set out the statutory requirements for public notification about planning proposals. This includes who should be notified and the methods that should be used. In addition, there are various other bodies, interest groups and organisations who may have interests in specific types of development or locations. These organisations will be consulted, where appropriate.

8.7 For planning applications the Council will notify the public using letters, site notices, or press notices. Planning application information is also available on the Council’s website.

8.8 Notification letters will include a description of the proposed development, where the plans can be viewed, where comments should be sent, and the date on which the notification period ends. 

8.9 Site notices will contain similar details to that of neighbour notification letters, and each notice will be erected in a suitably prominent position. Site notices may be used where, for example, there is uncertainty about the ownership of adjoining land or the application is for major development. 

8.10 Press notices will be issued for major applications and significant departures from the Development Plan. 

8.11 Those who wish to make comments on planning applications need to do so within the notification period (usually 21 days), unless otherwise agreed with the planning case officer. Representations must always be made in writing, preferably via the Council's website. Copies of representations are public documents and will be made available to view via the Council's website. 

8.12 The Council will also carry out notifications and consultations required for other types of application, such as applications for Listed Building Consent, in accordance with the relevant statutory requirements. 

8.13 Details of applications, including accompanying documents/plans, will be made available online via the Council’s website. 

Decisions on planning applications 

8.14 The majority of planning applications are dealt with under delegated powers by planning officers. However, some applications need to be considered by Members on the relevant planning committee. All of the Council’s elected Members are able to call in applications to be considered by a committee. Details of the powers conferred to each committee are set out in the Council’s Constitution. 

8.15 If an application is to be decided at a committee, all members of the public who submitted representations will be notified. Details of the date, time, and location of the committee meeting will be published on the Council’s website. The meeting will normally be webcast. The protocol on public speaking at the Planning Committees, which sets out the relevant arrangements and procedures, can be viewed on the Council's website or made available on request. 

8.16 Some planning applications will be subject to a section 106 legal agreement. This is an agreement between the developer and the Council addressing matters to ensure a development is acceptable. These are often used to secure and support the provision of infrastructure and services, such as education, highways, open/play space and affordable housing if these facilities cannot be provided on-site.

Reporting on responses made to planning applications 

8.17 Material planning considerations raised by third parties who have been notified about planning applications will be reported and taken into account in decisions made by, and on behalf of, the Council. All members of the public who submitted representations will be notified of the decision. Notification will either be by post or email. 

Enforcement 

8.18 The Council expects all developers to comply with the requirements of planning legislation and not to carry out development until the necessary permission or consent has been obtained. The Council also expects all developers to comply with the conditions of their planning permissions that are clearly set out on the decision notice. Where breaches are suspected the Council has a full range of enforcement powers and where expedient will take appropriate action to ensure compliance. 

8.19 Most breaches of the planning rules are brought to the Council’s attention by members of the public. The Council welcomes comments regarding the operation of development and encourages the reporting of suspected breaches of planning control. All breaches of planning control will be investigated. All complainants will be advised of the outcome of any investigations. 

8.20 Any person reporting an alleged breach of planning control will not have their identity revealed to others by officers or Members of the Council.